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Archbishop Of Canterbury Doesn’t Pray For Daughter’s Disability

July 6, 2018

A press release from the BBC Ouch Podcast.

The Church needs to do more to embrace disability and mental health, the Archbishop of Canterbury Justin Welby tells the BBC, drawing on the experience of two of his daughters.

He reveals that Katharine’s mental health difficulties and Ellie’s learning disabilities had “really brought it to the front of [his] mind”.

This is the first time Ellie has spoken publicly about her dyspraxia, which impacts co-ordination, but can be confused with clumsiness.

 

Her disability, not being an obvious physical impairment, is often referred to as invisible. Because of this, she feels her needs are often misunderstood or overlooked.

 

She told BBC Ouch: “I have struggled a lot. People have looked at me and basically – I know the look now – it’s literally like, ‘You’re not disabled, why are you sitting there?’ Or, ‘Why can’t you do this?’.

“I’ve been discriminated against quite a few times because they don’t understand it.”

 

Katherine, his oldest daughter, also shares her experiences of depression, and says that the most hurtful thing she has experienced was somebody praying for her “addiction to negative thinking.”

She told Ouch: “I’m not addicted to negative thinking; I’m depressed and anxious medically. It’s a chemical thing going on with me, it’s not an addiction.”

The Archbishop told BBC ouch he does not pray for Ellie’s disability. “I haven’t prayed for Ellie,” he says. He sees Katharine’s mental illness as something she’s not always had, but Ellie has always had the disability and it is part of her.

“I haven’t talked to Ellie about this [but] we had this discussion once around the [family] table when Ellie wasn’t there, because someone had asked me the question.”

He asked the family what they thought about praying for Ellie.

Turning to Ellie, he says: “Your younger sister said, ‘If God changed Ellie she wouldn’t be Ellie, and we love Ellie’. So there’s that thing that Ellie’s Ellie, she’s precious.”

The Archbishop discussed his project to make churches nationwide more accessible. At present protecting the listed status of a church takes priority over making it accessible to those with disabilities, preventing the installation of ramps and other mobility aids.

Read the full story here: https://www.bbc.co.uk/news/disability-44688094

Parents Fundraising For Baby Karl

July 6, 2018

Same Difference has been asked to publicise this story, for friends of the site.

ASOS Praised For Designing Clothes For Wheelchair Users

July 5, 2018

ASOS has been applauded for selling clothing that’s been manufactured specifically with wheelchair users in mind.

Chloe Ball-Hopkins, a Paralympic athlete for Team GB and reporter for BBC Bristol Sport, revealed yesterday that she’d collaborated with the retailer to create a waterproof jumpsuit that’s wheelchair-friendly.

The tie-dye jumpsuit, which costs £50, is fully waterproof and has been designed with an adjustable hood, a longer hem at the back and soft jersey lining on the inside.

Many have commended ASOS for being more considerate of people with disabilities than other fashion brands.

“Shopping is something most of us take for granted in terms of representation,” one person wrote on Twitter. 

“Seeing disabled people in the media through campaigns, as actors, singers is so important as it challenges the stigma around disabilities.”

The shopping site has been praised for providing an example of “diversity without tokenism,” as Ball-Hopkins has been photographed in a typical modelling setting as opposed to a “special one off to gain attention.” 

While the jumpsuit is currently the only item of clothing on the site that’s been produced especially for people who use wheelchairs, Ball-Hopkins has hinted that more similarly-designed articles could soon be on the way.

“So over the last several months I have been working with @ASOS to create a fashionable, yet practical waterproof all in one. Not just for people like me in a chair but for anyone,” she wrote on Twitter.

“It’s about making fashion accessible! So what should be next?!”

This isn’t the first time ASOS has received recognition in recent times for its efforts to be more diverse and representative. 

The brand has been hailed on multiple occasions for featuring unedited photos of models on the site and for displaying the same clothes on people of different sizes.

Sophie Bradbury-Cox, a 30-year-old blogger who has spinal muscular atrophy type three, has made it her aim to inspire other people with disabilities to enjoy fashion to the full.

“I started my Instagram account because I wanted to show other disabled people that you can be sitting in a wheelchair and still have your own sense of style,” she told The Independent.

Penny Mourdant Becomes First To Use Sign Language In House Of Commons

July 5, 2018

The international development secretary became the first minister to use sign language at the dispatch box when she discussed a global disability conference taking place in London at the end of July. The conference is designed to help the world’s poorest people who are living with disabilities.

DWP Advises Some Refused PIP Claimants To Reapply As It Releases LEAP Project Details

July 4, 2018

With many thanks to Benefits And Work.

The DWP has today issued new information about the LEAP project which will check past PIP decisions in the light of changes to the law. Some claimants who were refused PIP are being advised to consider making a new claim.

The review process
We have written extensively elsewhere about changes to the Planning and following journeys activity following the DWP’s attempts to make it harder for claimants with mental health conditions to get an award of the mobility component.

We have also written in detail about changes to the law relating to safety and supervision for PIP.

We now have more information about the way the review will be carried out.

The DWP will not be contacting claimants before they review your award unless they consider that they need more information.

The DWP say they will write to you after the review to let you know the outcome. No timescale is being given for how long it will take to review all the claims involved. 

They say they are not planning to carry out any face-to-face assessments as part of the review.

The DWP also say that no-one will have their award reduced as a result of this process.

Planning and following journeys
Information issued today about Planning and following journeys explains that the DWP will be checking:

all current claims,
claims decided on or after 28 November 2016 where PIP was not awarded.

They will not be looking your claim if you have been getting the enhanced rate of both the daily living and mobility parts of PIP since 28 November 2016

If your award is increased it will usually be backdated to 28 November 2016, or if you claimed PIP after 28 November 2016, backdated to the date you started getting PIP.

If the decision to refuse you PIP was made before 28 November 2016, then it will not be looked at again. The DWP advise you to make a fresh claim if you think you might be eligible for an award under the new rules.

Safety and supervision
Information issued today about safety and supervision explains that the DWP will be checking:

all current claims
claims decided on or after 9 March 2017 where PIP was not awarded

They will not be looking your claim if you have been getting the enhanced rate of both the daily living and mobility parts of PIP since 9 March 2017.

If your award is increased it will usually be backdated to 9 March 2017, or if you claimed PIP after 9 March 2017, backdated to the date you started getting PIP.

If the decision to refuse you PIP was made before 9 March 2017 then it will not be looked at again. The DWP advise you to make a fresh claim if you think you might be eligible for an award under the new rules.

You can download the information about the review process from this page.

Claimant Dies 3 Weeks After Benefits Stop

July 4, 2018

Wednesday One Liner

July 4, 2018

A certain football team won a certain big match last night. As I watch my country celebrate, I’m in the mood for some fun.

And so, this one liner, spotted on Facebook, made me smile and I thought I would share it with you.

“I’m reading a romance in Braille. It’s a touching story!”

 

 

Decision On Medical Cannabis Law ‘Within Weeks’

July 4, 2018

The government says it will reach a decision within the next few weeks on whether laws around medical cannabis will be changed.

The Advisory Council on the Misuse of Drugs is now assessing the “balance of harms and public health needs” in terms of rescheduling treatments.

It comes after high profile cases involving children with severe epilepsy being denied access to cannabis oil.

Cannabis for recreational use will remain illegal.

The first part of the review – looking at the scientific evidence – has already been completed by England’s chief medical officer.

Prof Dame Sally Davies said there was conclusive evidence of therapeutic benefit of prescribing cannabis-based products for certain medical conditions.

That list includes treating:

  • chronic pain
  • nausea and vomiting caused as a side-effect of cancer therapies such as chemo
  • muscle spasticity symptoms in multiple sclerosis (MS) patients

Overall, the report found less evidence for the treatment of epilepsy.

The Home Office recently granted Billy Caldwell and Alfie Dingley, boys who have rare forms of epilepsy, a short-term licence to allow them access to cannabis oil, which their parents say helps to control their seizures.

An epilepsy drug called Epidiolex is currently going through the process of authorisation and is being assessed by the European Medicines Agency for the treatment of childhood epilepsy.

It contains a compound found in cannabis called CBD and is exempt from scheduling regulations. US regulators have already approved its use.

There are cannabis-based medicinal products currently available in the UK. Sativex, which contains both CBD and the principle psychoactive component of cannabis THC and is used to treat MS, is listed as a Schedule 4 drug.

Raw cannabis and THC are controlled as Schedule 1 drugs as there is currently no recognised medicinal or therapeutic benefit in the UK.

Dr Michael Bloomfield, Clinical Lecturer in General Psychiatry at University College London, welcomed the review saying: “It could help patients suffering from devastating illnesses and facilitate medical research into new potential treatments for a range of disorders.”

Gay Conversion Therapy To Be Banned

July 3, 2018

Controversial “gay conversion therapies” are to be banned as part of a government plan to improve the lives of gay and transgender people.

A national survey of 108,000 members of the LGBT community suggested 2% have undergone the practice with another 5% having been offered it.

It also found more than two-thirds of LGBT people avoid holding hands in public, for fear of negative reactions.

The prime minister said nobody “should ever to have to hide who they are”.

A 75-point plan to improve the lives of LGBT people, costing £4.5m, has been produced in response to the survey.

Its results also showed the respondents were more likely to be “less satisfied” with life than the rest of the population.

The charity Stonewall added there were still “pockets of society” where the LGBT community was “far from safe”.

As part of the plan, it said it would “consider all legislative and non-legislative options to prohibit promoting, offering or conducting conversion therapy”.

Equalities minister Penny Mordaunt told BBC Radio 4’s Today programme of the practice: “This is very extreme so-called therapy that is there to try and ‘cure’ someone from being gay – of course you can’t cure someone from being gay. In its most extreme form it can involve corrective rape.

“That’s very different from psychological services and counselling. It’s pretty unpleasant, some of the results we found, and it shows that there’s more action to do.”

She said the government is consulting on the best way to implement a ban, adding: “It’s absolutely right that that abhorrent practice has to go.”

There are also plans to introduce a national LGBT health advisor, tackle discrimination, improve the response to hate crime and to improve diversity in education institutions.

Analysis

By Michelle Roberts, BBC News online health editor

Sometimes called “reparative” or “gay cure” therapy, conversion therapy is a term used for any form of so-called treatment which attempts to change sexual orientation or reduce attraction to others of the same sex.

Experts say the word therapy is misleading because there is no scientific basis for it

All major therapy professional bodies as well as the NHS in the UK disagree with it on logical, ethical and moral grounds.

Stonewall says that “no one should be told their identity is something that can be cured”.

Those identifying as gay or lesbian made up 61% of respondents to the survey, carried out between July and October last year. Just over a quarter identified as bisexual and a small number identified as pansexual (4%) and asexual (2%). People identifying as transgender accounted for 13% of respondents.

A quarter of those who took part in the survey said they were not open at all about being LGBT with family members they lived with.

Of the trans men who took part in the survey, 56% said they had avoided expressing their gender identity for fear of a negative reaction from others.

That figure rose to 59% for trans women and 76% for non-binary respondents.

LGBT hate incidents had been experienced by 40% of people in the survey, with more than nine in 10 of the most serious offences going unreported.

Prime Minister Theresa May said: “We can be proud that the UK is a world leader in advancing LGBT rights, but the overwhelming response to our survey has shone a light on the many areas where we can improve the lives of LGBT people.

“I was struck by just how many respondents said they cannot be open about their sexual orientation or avoid holding hands with their partner in public for fear of a negative reaction.

“No one should ever have to hide who they are or who they love.”

‘Long way to go’

Ruth Hunt, chief executive of Stonewall, said she was pleased the government was listening to the LGBT community,.

But she added there was “still a long way to go until we reach full equality”.

Campaigner Peter Tatchell welcomed the government trying to ban conversion therapy. But he said the 75 point-plan did not go far enough.

“The biggest fail is the lack of any pledge to end the detention and deportation of LGBT+ refugees fleeing persecution in violently homophobic countries like Uganda, Iran, Russia, Egypt and Jamaica,” he said.

“Another big omission is the absence of any commitment to compensate gay and bisexual men who were convicted under past anti-gay laws.”

DWP Deny Scanning Disabled Claimants’ Facebook Pages

July 3, 2018

New Guidance For Decision Makers On PIP Mobility

July 2, 2018

With many thanks to Benefits And Work.

 

Decision makers have been provided with new guidance on the PIP mobility component this week. This follows the issuing of new guidance to PIP assessors and the announcement by the government that a review of PIP claims has begun following a victory by claimants in the case known as MH.

In March 2017 the DWP changed the law relating to the PIP mobility component in order to make it harder for claimants who have difficulty going out because of overwhelming psychological distress to get an award.

The changes, which relate to the Planning and following journeys activity were ruled unlawful by the courts and, in January 2018, the DWP admitted defeat and dropped their appeal against the decision.

In addition, further changes were made to the law in a case known as RJ which interpreted the law relating to safety and supervision in a way which is more favourable to claimants.

The new guidance sets out the major changes to the law on mobility which decision makers should take into account.

Decision makers have been told the following:

Follow the route” (in 1d and 1f) is not restricted to navigation only; it means making one’s way along a route or going along a route safely.

Previous to MH descriptors 1d and 1f were restricted to navigation only, so problems with psychological distress were not considered. Previous to RJ the problems with following the route had to manifest on the majority of days, but post-RJ one has to apply the RJ decision of how safely is to be assessed.

 

A claimant who suffers overwhelming psychological distress whilst on the journey and who needs to be accompanied to overcome the overwhelming psychological distress may satisfy descriptor 1d or 1f. PreMH this person could only satisfy 1b. Previous to RJ the problems with following the route had to manifest on the majority of days, but post-RJ one has to apply the RJ decision of how safely is to be assessed.

 

Descriptor 1b is relevant where a claimant needs prompting to overcome overwhelming psychological distress when setting off on the journey. As someone who needs another person when travelling along a route would satisfy 1d or 1f, descriptor 1b only applies in practice in the circumstance where someone needs prompting to set off on the journey (but would not need another person whilst on the journey itself). Pre-MH someone in this position would have satisfied descriptor 1b also.

Distress or anxiety short of overwhelming psychological distress is not enough to bring a claimant within descriptor 1d or 1f. The tribunal stated that “Although regulation 4(2A) applies so that the question is whether, if unaccompanied, the claimant can follow a route safely, to an acceptable standard, repeatedly and within a reasonable time period, the fact that a claimant suffers psychological distress that is less than overwhelming does not mean that the claimant is not following the route safely and to an acceptable standard. The threshold is a very high one. Thus, the facts that the claimant was “anxious” and “worried”…and was “emotional”…were not sufficient for those claimants to satisfy the terms of descriptors 1d or 1f because they could in fact complete journeys unaccompanied without being overwhelmed”. Although pre-MH overwhelming psychological distress is not a factor for 1d and 1f (as this is only taken into account for 1b and 1e), the high threshold definition is in line with the term ‘overwhelming’ so should be applied to the pre-MH period and onwards.

The detailed guidance for decision makers also contains examples of how to apply the law. You can read more about the dates that the different decisions have to be applied from in this article: Three different decisions may have to be made on the same PIP mobility claim

You can download the guidance on PIP mobility ADM memo 16/18: PIP mobility activity 1, effect of Upper Tribunal decision MH v SSWP (PIP) [2016] UKUT 531(AAC) from this page.

Government Finally Announces Start Of Review Of Over 1.6 Million PIP Cases

July 2, 2018

With many thanks to Benefits And Work.

 

The government this week announced that the DWP have begun reviewing over 1.6 million PIP claims as a result of changes in the law brought about by legal decisions in cases known as MH and RJ.

MH found that the way that the DWP had been deciding PIP mobility claims was wrong and that psychological distress should be taken into account more widely. It lead to the DWP trying to get round the decision by changing the regulations. These changes were found to be unlawful in a further case, RF. The DWP have now been forced to accept MH is now the correct interpretation of the law

A separate case known as RJ forced the DWP to consider more reasonably whether claimants can carry out an activity safely and whether they need supervision whilst doing so.

In her statement, Sarah Newton, minister for disabled people, revealed that the DWP will also be reviewing around 420 cases relating to haemarthropathy, “following feedback from external stakeholders that the functional needs of claimants with haemarthropathy were not being adequately assessed.”

The DWP originally said that they would have to look at 1.6 million PIP cases in the course of the review. But having taken 5 months to actually correct the guidance given to health professionals and decision makers and begin the review, that number is likely to have increased.

The minister gave no details of how long the reviews are expected to take, other than the review of haemarthropathy cases, which will take approximately 6 weeks.

You can read the ministers full statement on PIP reviews here.

Updated Guidance On PIP Safety

July 2, 2018

With many thanks to Benefits And Work.

The DWP have this week updated the guidance they issue to decision makers in relation to awarding points for safety for personal independence payment (PIP) claims. The changes primarily stress the possibility of risk to a person when they are outdoors during the recovery period after a seizure or similar episode.

Back in November 2017 we covered the new guidance issued to decision makers relating to safety and supervision for PIP. The document was published in response to an upper tribunal ruling that interpreted the law more favourably for claimants.

Until then, the DWP had argued that a claimant could only score points for being unsafe if harm was likely to occur on more than 50% of the occasions on which they attempted an activity.

However, in March 2017 a panel of upper tribunal judges held that the decision maker should look at whether there is a real possibility that harm might occur and also at how great the harm might be. The greater the potential harm, the less likely it needs to be that it would happen on any specific occasion.

We pointed out that it had taken the DWP a disgraceful seven months to update their guidance to decision makers. And, even then, every single one of the 5 examples given of how the law should be interpreted resulted in no change of award to the claimant.

The DWP have now updated that guidance. Of the five examples given in the original version, four remain unchanged.

In the fifth example, (now example 7) in which the claimant has epilepsy with tonic-clonic seizures, there are still only 4 points awarded for daily living. This is not sufficient for an award. Indeed, the DWP have strengthened the guidance against giving an award by claiming that there is no risk of the claimant choking during a seizure:

“During a seizure or event often the mouth will clench and people bite their tongue, any food in the mouth would remain there and the person having the seizure breathes through their nose. Alternatively, depending on the nature of the seizure, the swallowing reflex may be maintained so that the person swallows the food, even whilst semi-conscious. Also the length of time spent swallowing is short. The claimant has never choked in the past nor mentioned that risk.”

However, the claimant originally received no award for mobility either on the grounds that they could take precautions by using safe crossings. This example has now changed, with the result that the claimant gets an award of the enhanced rate of the mobility component on the grounds that 1 f) applies because they cannot follow the route of a familiar journey without another person:

“The claimant falls during their seizures. This is deemed to count under mobility activity 1 rather than mobility activity 2 as it is on account of their cognitive impairment (the losing of consciousness), not their physical ability to stand and move. The claimant has experienced injuries as a result of these falls. The decision maker considers the frequency of incidents and the severity of harm that could occur and finds that the risk is sufficient so that the person reasonably needs another person with them to make those journeys safely. The decision maker deems that descriptor 1f is the correct choice.”

Two additional examples have been added.

In example 5 the claimant has seizures for which they receive a brief warning. The decision maker gives no award of the daily living component on the grounds that the claimant can make themselves safe within their home and rest after an episode. However they receive an award of the enhanced rate of the mobility component on the grounds that 1 f) applies because they cannot follow the route of a familiar journey without another person. They need someone with them because

“ . . . when outside the home the claimant cannot make themselves safe and is deemed so vulnerable during the seizure and recovery period that they would be at risk of harm.”

In example 6 the claimant has episodes of status epilepticus which can be life-threatening. Episodes have happened twice in the last six months. The decision maker awards:

4 points for preparing food
2 points for taking nutrition
1 point for monitoring a health condition
2 points for washing and bathing
2 points for managing toilet needs

This means that the claimant qualifies for the daily living component of PIP, but only at the standard rate.

In addition they are awarded the enhanced rate of the mobility component on the grounds that 1 f) applies because they cannot follow the route of a familiar journey without another person.

Whilst the changes are mainly positive, they still encourage decision makers to believe that awards based on safety and supervision should be very much the exception rather than the rule.

You can download the updated guidance ADM memo 15/18: PIP, the meaning of ‘safely’, amended version from this page.

Love Island’s Niall Reveals Aspergers

June 29, 2018

Love Island star Niall Aslam has spoken out for the first time since leaving the show, sharing that he has Asperger syndrome.

The contestant quit the ITV2 reality series more than two weeks ago for “personal reasons”, with tabloid reports suggesting that those reasons were health-related, falling ill before his exit.

Niall wrote a heartfelt message to his fans on Instagram earlier this morning (June 28), revealing that he was diagnosed with Asperger’s as a young child and discussed how he struggled living with the developmental disorder growing up.

“For far too long, I have suffered in silence and not acknowledged a massive fact about my life which going into the villa has led me to finally realise and accept,” he wrote.

“When I was a young child, I was diagnosed with Asperger syndrome, a fact that until this post has never [been] shared outside of my close family.

“Growing up was extremely difficult for me, and I often felt out of place. I always felt that people didn’t understand me, yet I was afraid to reveal my true scales as I did not want the label or stigma that was attached to it.

“But now I think it is important that I come forward, not only so that I can finally be honest with myself and to those around me, but also so that other individuals in my position can embrace their true colours.”

Niall continued by thanking ITV and the people behind Love Island for their support.

“It’s not been an easy ride for me to come to terms with this fact, but I am glad that I can now accept who I am, and am looking forward to my next chapter,” he said.

“I would just like to thank the team at ITV for always backing me and giving me the opportunity to rid myself of my insecurities and embrace the fact that I am different, yet I am still a rainbow fish.

“I can’t explain how grateful I am for the support from the whole team over this period.

“I would also like to thank the British public for the love you have all shown me over the past few weeks. It has been overwhelming.

“Now it’s time for this rainbow fish to dive deep into the big blue ocean and show the world what I’m about – there’s more layers to come!”

A Tip On PIP From Fightback

June 29, 2018

UC Claimant Feels Simultaneously Fit And Unfit For Work

June 28, 2018

Deaf Reverend Leads Signed Church Services

June 27, 2018

Reverend Susan Myatt was born profoundly deaf and now holds sign language church services.

As the deaf chaplain for Lichfield Diocese, she has made it her mission to encourage others to worship in their own way.

The congregation at her monthly British Sign Language service at St Michael and All Angels Church in Penkridge, Staffordshire, has grown steadily since she started it last year.

Driverless Wheelchairs Being Tested In Singapore

June 27, 2018

Could there really come a day when driverless wheelchairs won’t be a disabled journalist’s April Fool?

There’s been a lot of talk about driverless cars, but are driverless wheelchairs a more realistic short-term prospect?

Researchers from the National University of Singapore and MIT say technology can help give wheelchair users more mobility and therefore greater independence.

My disability means I can’t self-propel a manual wheelchair. I have no sense of direction, as a result of my disability, so I will never be able to use an electric wheelchair.

That’s why I,  for one think such a day would be an amazing one.

DWP Finally Publishes New PIP Mobility Guidance For Assessors

June 27, 2018

With many thanks to Benefits And Work.

More than five months after admitting they had broken the law and would have to reassess 1.6 million PIP awards, the DWP have finally published new guidance for health professionals on how to assess mobility claims.

In March 2017 the DWP changed the law relating to the PIP mobility component. Their aim was to make it harder for claimants who have difficulty going out because of overwhelming psychological distress to get an award.

The changes, which relate to the Planning and following journeys activity were ruled unlawful by the courts and, in January 2018, the DWP admitted defeat and dropped their appeal against the decision.

However, instead of immediately beginning to apply the law correctly, the DWP continued to apply the discriminatory rules whilst they claimed they were consulting with stakeholders over changes to the guidance issued to assessors.

The new guidance has finally been published. However, it is very hard to see how such minimal changes could possibly have taken 5 months.

A number of paragraphs relating to the changes to the law which dealt with psychological distress have been removed from the guidance.

A new paragraph has been added to descriptors c), d) and f). These were the descriptors which had the words ‘For reasons other than psychological distress’ unlawfully added to them in March 2017 and which have had to be changed back to their original wording.

Descriptor 11 d) ‘Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid’, for example, has had the following paragraph added:

“This descriptor is most likely to apply to claimants with cognitive, sensory or developmental impairments, or a mental health condition that results in overwhelming psychological distress, who cannot, due to their impairment, work out where to go, follow directions, follow a journey safely or deal with minor unexpected changes in their journey when it is unfamiliar. A claimant who suffers overwhelming psychological distress whilst on the unfamiliar journey and who needs to be accompanied to overcome the overwhelming psychological distress may satisfy descriptor 1d.”

References to ‘psychotic illness associated with severe paranoia’ and ‘risk of self-harm due to overwhelming psychological distress’ have also been added to the guidance.

A new paragraph on falls arising from a sensory or cognitive impairment, such as seizures, has also been included.

However, the idea that the changes could reasonably have taken five months to consider is not a credible one.

It appears to have been an exercise in deliberate delay by the DWP before they begin an even more long drawn out process of attempting to identify claimants who were unlawfully deprived of their correct award of PIP.

There is undoubtedly a hope on the part of the department that the longer the procedure is dragged out, the less likely it is that affected claimant will be aware they have been overlooked or ignored in the review process.

We will be publishing an update to our PIP guide once we have had time to properly consider the changed guidance. We hope to do so within the next few days . . . certainly in less than 5 months.

In the meantime, we have created a document which shows the changes between the previous guidance and the current guidance. Text that has been removed has been highlighted in blue. New text is highlighted in yellow. We may not have spotted every change, so do please contact us if you spot any others.

You can download the full new assessment guide from this link.

Cancer Patients Face Absurd Travel Insurance Costs

June 26, 2018

Cancer patients are struggling to find affordable travel insurance, even long after treatment is finished, a report from the City watchdog has revealed.

The Financial Conduct Authority (FCA), says it will now work with the industry to direct people to specialist cover.

One trade body said it was “absurd” that such a large group of people were unable to travel.

It is hoped that the action by the FCA will help 15 million people with long-standing health conditions.

The regulator added that this group was expected to rise to 18 million in the next decade. In a report, focusing particularly on those who have had cancer treatment, it said that many of these people had become marginalised by the insurance sector.

Problems included:

  • A lack of information about alternative cover after people had been given expensive quotes or refused cover owing to their condition, or past condition
  • A lack of understanding among insurance companies and their customers about what risks are considered when setting prices
  • Unclear pricing of premiums

This led many people to feel that they were uninsurable, particularly after failing to find travel insurance via a price comparison website, and despite the fact there are a host of specialist firms ready to cover them.

Melissa Collett, professional standards director at the Chartered Insurance Institute, said: “One in three people living in the UK are likely to get cancer at some point in their lives and it is absurd that this large group are prevented from travelling because they cannot get insurance or worse, forced to risk travelling without it.

“Many people living with cancer and those in remission live healthy and full lives and we should be doing all we can to support them in this.”

Some of those who faced difficulties found frontline insurance staff had little understanding of health conditions.

One 58-year-old woman said she had undergone surgery to remove a 2mm cancerous “freckle” more than six years ago. Regular check-ups followed and she was declared cancer-free in December 2015, and yet even since then she had struggled to get insurance.

Another had faced premiums of hundreds of pounds after receiving treatment for “low-grade bladder cancer”.

“I do not understand why I am charged very high premiums every time I travel abroad as my cancer history does not necessitate any medication or treatment and has no impact on my daily life,” the respondent explained to the FCA.

Macmillan Cancer Support said it had received 900 calls since January about travel insurance and suggested that the plans from the FCA needed to go further.

“Improved signposting will only benefit people with cancer if, at the end of it, there is fair and affordable cover available. As it stands, this is rarely the case,” the charity’s executive director of policy, Fran Woodard, said.

“No two cancer experiences are the same and if travel insurers want to meet the need for people with cancer, they must update their oversimplified medical screening to reflect this.”

The Association of British Insurers (ABI) said it was vital that people were clear about pre-existing medical conditions as medical costs could reach tens of thousands of pounds for complicated treatments in countries outside Europe, so insurers needed to allow for that.

However, Raluca Boroianu-Omura, head of conduct regulation at the ABI, said that the industry was open to finding new ways of helping people find appropriate cover, in addition to work it had already done with cancer charities.

David Sparkes, head of compliance at the British Insurance Brokers’ Association, said specialist insurers could ask precise questions about a customer’s health condition to judge levels of risk, which meant that cover did not need to be more expensive.

He said it was important that signposting to these firms was available to people with various health conditions, not only cancer.

PIP Madness From The DWP

June 26, 2018

Alfie, Billy, And… Oliver?

June 25, 2018

Benefit Assessor Suspended For Describing Assessment That Never Happened

June 25, 2018

Review: Libby’s Eyes

June 22, 2018

Libby”s Eyes is a play that, in many ways, tells the story of my life as a disabled person. It is set in a world where disability rights campaigning meets science fiction.

Libby (Georgie Morrell) is a girl whose eyes don’t work the way they ‘should.’ But she is independent and passionate about her job and her “normal” life. So one of the highlights of the play comes when she discusses the meaning of ‘should’ and says that ‘should’ doesn’t make something right.

The government in Libby’s world has divided people into two groups- ‘functioning’ and ‘non functioning.’ Non functioning people are not considered legal people. They lose their rights to disability benefits, healthcare and education. Libby’s father, who shares her condition, registers as non functioning and loses his guide dog. At one point in the play, he is even referred to as ‘it.’

Libby’s Eyes is a machine given to her by the government to assist her, since she is functioning. It looks like a Discman- for those old enough to remember a Discman, says the play’s hilarious audio describer, Louise Kempton,- but definitely isn’t a Discman. It is a robot with artificial intelligence. At first, Libby refers to it as Libby’s Eyes, but later, this changes to L.E.

As Libby gets used to L.E and likes “her” “she” begins to give “her” opinions on Libby’s life. But the government consider this a ‘defect’ of L.E. When this ‘defect’ is discovered by the government, they try to take L.E away from Libby in a tribunal.

This is when the audience hears two very passionate speeches- one from Libby’s mother about Libby’s life, and another from L.E. Surprisingly, L.E tells Libby that it is Libby’s personality that gave “her” emotional intelligence.

The play ends on Libby’s own terms- something that will surprise no one who comes to know this character.

Anyone drawing parallels between Libby’s Government and the current UK Department for Work and Pensions wouldn’t be far wrong. Playwright Amy Bethan Evans writes in the play’s programme that she dedicates the play to anyone who has been through the PIP process, or has supported someone who has.

I highly recommend this play to anyone who understands disability issues. Such an audience will laugh out loud in some parts and be moved to tears by others.

It is certainly a production that will stay with me for a long time.

Libby’s Eyes is at the Bunker Theatre on Mondays and Thursdays until 7 July.

Disability Benefit Appeal Success Hits All Time High

June 21, 2018

Professor David Nutt: People will die unless medical cannabis is legalised

June 20, 2018

A press release from Left Foot Forward.

 

The UK’s former chief drug policy adviser has restated his support for legalising cannabis – and backed those who break the law for medical use. 

Prof Nutt recently worked on the Liberal Democrats’ recent review of drug legislation, which led the party to call for a ‘regulated market’ in cannabis.

In an interview with Left Foot Forward, Prof Nutt discusses Britain’s drugs laws, after the Home Office seized cannabis oil from Billy Caldwell – a boy with epilepsy who uses it to control his seizures.

The ensuing uproar has led to Sajid Javid launching a review into medicinal cannabis.

‘Bad law’

LFF asked Professor David Nutt – who now helps run the organisation DrugScience – if he backed Charlotte Caldwell and other parents in her situation. “Of course I do,” he says. Billy ‘would be dead if [his mother] didn’t break the law’.

“She made the law look absolutely ridiculous. And that’s why she won.”

Yet the current law is based on almost ‘religious belief’ about cannabis – making for ‘very bad law’, Prof Nutt claims.

Instead, we are witnessing “a revolution in patients directing treatments – it’s the parents who are changing medical practice. The doctors will never do it because they are far too part of the establishment. Except people like me who’ve been sacked…”

He points to examples across the world of policy changing: “The German government last year approved 57 separate applications for cannabis medicine, in conditions that haven’t responded to other treatments…and insisted German health insurers must reimburse.

“If it’s good enough for Germany, it’s good enough for us. Let it be – let’s just use it,” he said.

But the problem isn’t just confined to medical cannabis use. Does he still back full legalisation? “Totally.”

“There’d be significantly less harm from alcohol – in US states, people have a choice [between the two], so alcohol deaths are going down…a lot of people would prefer to be stoned than drunk,” he says.

“The big harms at present are driven by skunk – a regulated market would reduce skunk.”

‘Big pharma’

Prof Nutt said there are powerful voices against the move towards legalisation. ”There’s big resistance” he says. When Chief Medical Officer Sally Davis starts her review, she will have to apply a ‘completely inappropriate model’ for collecting evidence: huge multi-centre trials that will be too expensive to fund.

Prof Nutt claims the pharma companies will never do it: “It’s a scam by the anti-cannabis people to delay decision making…There will never be those multi centre trials…There is no profit in it.”

It’s a chicken or egg problem – calls for huge studies but no funding for it. “It would be 10 years [before we get results] – another 100 kids will be dead.

“We have to guard against a purist view.” There are ‘huge amounts of evidence’ for legalisation, he says.

Why is there such resistance from the industry?

“The pharma industry sees [cannabis] as competition – it will reduce the use of opioids. The anti-cannabis campaign will dig in their heels as hard as possible and keep saying ‘there’s no evidence’.

On Javid’s review

LFF asked Prof Nutt if, despite concerns, he welcomed Javid’s announcement of a review into medical cannabis use.

“There was a review by the Royal College of Physicians, and in the 2000s by the House of Lords which was brilliant and still relevant. We don’t need another review.”

He’s concerned that “it’s just a way of postponing decision making for another few years. Just get on and do it.”

He points to a new study showing magic mushrooms have huge therapeutic potential, potentially ‘revolutionising’ the treatment of depression.

Prof Nutt and colleagues will soon start the first UK study into MDMA surrounding the treatment of alcohol abuse.

There is significant anecdotal evidence that MDMA can help treat those who drink to ‘drown out’ trauma. But MDMA is currently a ‘Schedule 1’ drug – meaning no medical use is currently permitted.

The difficulty in getting permission to research these issues raises a bizarre contradiction: doctors can prescribe heroin (diamorphine) – but not, for example, cannabis or mushrooms.

His comments come after the Police Federation unanimously stated that the UK’s current drugs laws are not working, while a coalition of world-leading clinicians and academics is urging the government to change their policies.

“The police must hate it – arresting people for smoking a spliff is not what they want to do.

“What we have now is equivalent of the gin epidemic: cheap, powerful gin. We’ve got to get back to the old days of ‘beer’ – much less dangerous/toxic. If people were using hash instead of skunk, we’d have a lot less psychosis.”

Labour’s position

This week, Shadow Home Secretary Diane Abbott announced that Labour would legalise medicinal cannabis use. But could they go further?

“I would dearly love if Labour were to say they’ll have proper review of drug policy.”

And what if Labour invited him back?

“Even if Alan Johnson invited me back, I’d come back” for a Labour policy review, he says.

“That was the saddest thing, as a socialist all my life to be sacked by Labour. But they weren’t Labour, they were new Tory really!”

Government Planning To Ask Job Applicants About Their Social Class

June 20, 2018

Facebook And Twitter Admit They Could Do More To Protect Disabled People

June 20, 2018

Facebook and Twitter have admitted they could do more to protect disabled people from online abuse, following criticism from the model and TV personality Katie Price, whose son Harvey has been victimised online.

The social media giants told MPs they could make the risks of abuse clearer to vulnerable people, and make the terms and conditions of using social media platforms easier for people with learning difficulties to understand.

Google, which runs the YouTube video platform, said it did not know whether it had consulted disabled people about making its terms and conditions clear to them. All three companies said they did not have any staff in the UK checking posts for abuse; their teams were based in Dublin.

The hearing in front of the Commons petitions committee came after Price launched a petition to make online bullying a criminal offence and to create a register of offenders.

“It’s got worse and worse,” she told the committee in February. “You name it [the form of abuse], Harvey’s got it.”

Price told the committee the complaints mechanism did not work properly because she did not receive a response when she flagged up abuse.

Twitter’s head of public policy and government, Nick Pickles, said on Tuesday: “This is something we need to look at more.”

However, he said: “One of the things we struggle with a lot is that it is possible to be offensive without breaking our rules. One of the biggest challenges with offence is it is subjective … where something has happened on national television and then that is shared on social media it is very difficult for us to act on something that is made very public given that content is in the public domain.”

Karim Palant, Facebook’s UK public policy manager, said disabled people were considered a “protected group” under its protocols, and that the company would have 20,000 people worldwide checking posts by the end of this year.

He said artificial intelligence software was able to pick up almost a third of the abuse, and Facebook took down 2.5m pieces of hate speech in the first quarter of this year.

The Labour MP Catherine McKinnell asked the companies what action they were taking on “mate crime”, saying “there are disabled people that have been befriended specifically with the intention of exploiting them”.

Palant said: “It’s a very challenging problem to solve using tools and technology. It looks like a genuine friendship. A lot of these are pre-existing relationships that may have started offline and are being carried on online.

“Realistically, we will make the reporting functions easier to access to people who are particularly vulnerable to some of these issues. Some of this is going to be about offline support and education … that we can provide.”

Medicinal Cannabis Use To Be Reviewed By UK Government

June 19, 2018

The use of medicinal cannabis is to be reviewed, which could lead to more prescriptions of drugs made from the plant, the home secretary has said.

The decision was prompted by recent high-profile cases of children with severe epilepsy being denied access to cannabis oil to control seizures.

But Sajid Javid stressed the drug would remain banned for recreational use.

Charlotte Caldwell, whose son Billy has severe epilepsy, welcomed the decision after campaigning for change.

Speaking to the House of Commons, Mr Javid said the position “we find ourselves in currently is not satisfactory”.

He said the cases of Alfie Dingley and Billy Caldwell had made him conclude it was time to review the use of cannabis for medicinal purposes.

The review would be held in two parts, Mr Javid told MPs. The first will make recommendations on which cannabis-based medicines might offer real medical and therapeutic benefits to patients.

In the second part, the Advisory Council on the Misuse of Drugs will consider whether changes should be made to the classification of these products after assessing “the balance of harms and public health needs”.

He said: “If the review identifies significant medical benefits, then we do intend to reschedule [change the rules].”

He also announced that Alfie, from Kenilworth in Warwickshire, was being issued with a licence to receive cannabis-based drugs. The six-year-old has a very rare form of epilepsy that causes up to 150 seizures per month,

His family had originally applied to the government in April, saying his condition improved after using cannabis oil in the Netherlands.

Meanwhile, Billy, 12, from County Tyrone, was granted a 20-day licence for the drug last week after doctors made clear it was a medical emergency.

He was admitted to hospital after his seizures “intensified” following his supply being confiscated at Heathrow Airport.

His mother Charlotte, speaking after Mr Javid’s statement, said: “Common sense and the power of mothers and fathers of sick children has bust the political process wide open and is on the verge of changing thousands of lives by bringing our medicinal cannabis laws in line with many other countries.”

But she added that while it was a “clearly largely positive” announcement, “we still want to hear the details”.

Ms Caldwell also revealed that she has been asked to be on the panel of experts set up on Monday by the government to assess individual applications for cannabis oil.

Currently, anyone wishing to use a drug containing a controlled cannabis-based substance must apply to the Home Office for a licence – a process that Labour MP Andy McDonald, whose son died as a result of epilepsy, has described as “tortuous” and “painful”. Each application is considered on its merits.

Shadow home secretary Diane Abbott welcomed Mr Javid’s statement, telling MPs that it was “long overdue”.

Lady Meacher, who chairs the all-party parliamentary group for drug policy reform – which two years ago called for cannabis-based drugs to be legalised – said the move was a “no brainer” which could benefit many people.

She said: “About one million people, probably, could benefit from medical cannabis – people with severe pain, obviously children with terrible epilepsy.

“There are 200,000 people in this country with uncontrolled epileptic seizures; MS sufferers, people with Parkinson’s, people with cancer.

“So there are just so many people who must be celebrating today, and I’m celebrating with them.”

She compared cannabis with morphine, and said it was “much, much safer, less addictive and has much, much less in the way of side effects”.

Analysis: ‘Javid’s own stamp’

By Chris Mason, political correspondent

Amid the noise of politics, this row is a reminder of the power of desperate human stories and the power of a new arrival at the Home Office who has repeatedly shown his willingness to do the job his own way.

Imagine, for a moment, the anguish of the families of Alfie Dingley and Billy Caldwell. The pain of a parent seeing their son suffer.

And then having to walk outside the hospital door and front a political campaign.

A matter of months ago, there was no prospect of a shift in the law.

On the Windrush saga, on immigration, and now on medicinal cannabis, Sajid Javid is a home secretary putting his own stamp on the role.

The UK’s drugs regulations currently divide drugs into five “schedules”, each specifying in what circumstances it is lawful to possess, supply, produce, export and import them.

Cannabis is currently a Schedule 1, meaning it is thought to have no therapeutic value and therefore cannot be lawfully possessed or prescribed, but can be used for the purposes of research with a Home Office licence.

Drugs in Schedules 2 and 3, such as methadone, can be prescribed and therefore legally possessed and supplied by pharmacists and doctors.

One cannabis-based drug called Sativex, containing CBD and the banned THC – has been licensed in the UK to treat MS and is a Schedule 4.

But Mr Javid added that the move to review medicinal cannabis use was “in no way a first step to the legalisation of cannabis for recreational use”. Patients prescribed Sativex, who resupply it to other people, face prosecution.

That followed calls from former Conservative leader Lord Hague, who said the government should consider legalising the recreational use of cannabis.

But NHS England chief executive Simon Stevens said it was important not to confuse the debate “without at the same time reminding ourselves that there are some genuine health risks” associated with smoking cannabis.

Does cannabis have medicinal benefits?

By Michelle Roberts, BBC News online health editor

Cannabis contains different active ingredients and experts say some of them might be therapeutic for certain patients.

THC or tetrahydrocannabinol is the part that makes people feel “high”, but CBD or cannabidiol is another component found in cannabis that scientists are interested in understanding more about as medical treatments.

CBD-based treatments have shown some promising results for reducing seizures in children with severe epilepsies.

Medical trials of cannabis-based medicines have largely focused on pharmacological preparations, but some parents of children with epilepsy have been buying oils containing CBD and THC.

There is currently little scientific evidence on the safety and effectiveness of these oils as a treatment for epilepsy, although they do contain the same active ingredients.

Some health food shops sell CBD oils as food supplements. These have low levels of active ingredient and are legal to buy in the UK.

It is vital that you talk to your doctor or health professional before making any changes to your epilepsy medication.

NHS70: SPLISH SPLASH

June 19, 2018

A press release:

NHS70: SPLISH SPLASH
National Theatre Wales & Oily Cart
Written & Directed by Tim Webb
Designed by Jens Cole
Music direction by Max Reinhardt
Music composed by Max Reinhardt and arranged by George Panda
Hydrotherapy pools in schools, hospices and hospitals across Wales
Throughout July
A multi-sensory, underwater, touring production created with theatre
company Oily Cart, performed exclusively for young people aged 3-19 in hydrotherapy pools in schools, hospices and hospitals.
This immersive, interactive floating show ignites and delights every sense. Hydrotherapy pools will be transformed into watery wonderlands by underwater lighting, clouds of bubbles drifting from below, curtains of spray, and live music played on floating instruments, with a sound that can be felt as much as heard.
There will be three, distinct versions of Splish Splash:
• one for those with profound and multiple learning disabilities;
• one for those on the autism spectrum; and
• one for the deafblind, with or without any cognitive impairment.
It will be director Tim Webb’s final work as Artistic Director of Oily Cart, after 30 years at the helm.
Since 1981 Oily Cart has been taking its unique blend of theatre to children and young people in schools and venues across the UK.
Challenging accepted definitions of theatre and audience, they create innovative, multi-sensory and highly interactive productions for the very young and for young people with profound and multiple learning disabilities. By transforming everyday environments into colourful, tactile ‘wonderlands’, Oily Cart invite audiences to join them in a world of the imagination. Using hydrotherapy pools and trampolines, aromatherapy, video projection, and puppetry together with a vast array of multi-sensory techniques, they create original and highly specialised theatre for young audiences.

‘Uneccessary’ PIP Reassessments To End

June 19, 2018

With many thanks to Benefits And Work.

The government has claimed it is going to put an end to “unnecessary” PIP reviews later this summer, Minister for Disabled People, Health and Work, Sarah Newton announced today.

Newton claimed:

“We’ve listened to feedback from organisations and the public, and this common-sense change will ensure that the right protections are in place while minimising any unnecessary stress or bureaucracy.”

The DWP says it will issue new guidance which will mean that people who are:

  • awarded the highest level of support under PIP; and
  • whose needs are expected to stay the same or increase

will receive an ongoing award of PIP with a “light touch” review every 10 years.

According to the DWP:

“The government will be working with stakeholders to design the light touch review process so that it adds value for both our claimants and the department – for example, by providing information on services available and ensuring that contact or bank details have not changed.”

It sounds like the change will affect claimants who have an award of the enhanced rates of both the mobility and daily living component and whose condition is either very unlikley to change or where their condition is a progressive one which is only likely to become more severe over time.  However, we won’t know for sure until the DWP publish their detailed guidance.  We’ll give more details as soon as they become available.

You can read the full statement here. 

If the DWP sticks to this, it will be a big piece of progress that Same Difference has been calling for for quite some time. We have never agreed with regular reassessments for severely disabled people, for any benefit. We will follow this closely and hope for a victory when full details are published.

Motability Calls Police When Disabled Woman Fails To Return Car After PIP Reassessment

June 18, 2018

ATOS Assessor Told Gay Man He Needed To Be Cured By God

June 18, 2018

Government Pilot Project To Video Record PIP Assessments

June 18, 2018

With many thanks to Benefits And Work.

In a statement made earlier this month the government announced that it was extending the contracts for Capita and Atos to carry out PIP assessments for a further two years, in spite of widespread anger at the standard of those assessments. As a concession to the level of disquiet the government also announced a pilot project to video record PIP assessments.

In her statement, Sarah Newton, Minister of State for Disabled People, said:

“A key part of our efforts to improve the assessment process will be making video recording of the PIP assessment a standard part of the process. We will be piloting videoing the assessment with a view to then rolling this out across Great Britain.”

However, until now recording of benefits assessments has always been audio only.

Video recordings may have some advantages over audio in terms of evidence. For example, it might make it clearer whether claimants were able to carry out any movements that the assessor asked them to.

However, some people may feel considerable disquiet at being video-taped whilst taking part in what can be a very intrusive process.

They may also have concerns about how secure those videos may be and how long they will be kept by the DWP.

Frida Kahlo- Making Her Self Up

June 18, 2018

If you’re anything like me, I bet I know what you do with those few fleeting moments of spare time you have (between watching episodes of Love Island or World Cup matches).

You reach deep into your bookcase and pull out your much-thumbed 1990 edition of The Concise Oxford Dictionary of Art & Artists. Because why wouldn’t you?

It’s a terrific read, packed with expertly abridged biographies of Old Masters and pithy explanations for arcane techniques like encaustic painting (a favourite of Jasper Johns).

No wonder we keep going back to it.

But, like all things, it is not faultless. There is one surprising and glaring omission. Open it up at page 239, look under K, and you will discover there is no entry for Frida Kahlo beyond the words: “see RIVERA, DIEGO”.

Rivera, who was Kahlo’s husband, is afforded a lengthy entry in which he is described as a “…most celebrated figure” and “leading artist”, who made art “glorifying the history and people of the country [Mexico]…”.

It is not until you reach the bits-and-pieces information right at the end that we learn, “He had numerous love affairs and was three times married, his second wife being a painter, Frida Kahlo (1907-54).”

Not “the” painter, or “fellow artist”, but simply a glib dismissal as “painter“.

Given Kahlo’s current status as one of the most famous and revered artists of the 20th Century, it seems like the most extraordinary oversight. And so it is, but it is also instructive. We learn at least three things about the art establishment from the omission:

  • The tendency by (predominately male) art historians to erase female artists from the accepted canon.
  • Frida Kahlo has only relatively recently been anointed by establishment curators in Europe.
  • The art world’s limitless talent for post-hoc myth making.

The idea that any reputable art history directory would omit Frida Kahlo today is laughable.

Indeed, the current edition of The Concise Oxford Dictionary of Art & Artists boasts a reasonably lengthy entry under her name. But, once again, it is revealing.

The Rivera entry begins with his art credentials: “Mexican painter, the most celebrated figure in…fresco painting that is Mexico’s most distinctive contribution to modern art.”

Whereas Kahlo’s entry begins: “Mexican painter. In 1929, when she was still at school, she suffered appalling injuries in a traffic accident, leaving her a permanent semi-invalid, often in severe pain.”

It is her personal story, the bolstering of her myth that is deemed the most important thing to say about her, not the nature or style of the paintings she produced, which is surely the reason for the entry in the first place.

So, here we are, more than 60 years after her death aged 47, totally fixated by the cult of Kahlo: a packaged personality that all but obscures what we should really care about, which is her work.

The exhibition at the V&A is a typical case in point. To their credit, the curators are not trying to hide the fact that they are selling a show based on the artist’s iconic image rather than her paintings, by giving it the title: Frida Kahlo, Making Herself Up.

To be honest, my heart sank when I was told the premise of the show was to look at how she constructed her personality and why. Here we go again, yet more myth making. Couldn’t we examine how she made her work and why instead? Wouldn’t that be more interesting?

But as I walked around the show, the vast majority of which is made up of objects that were locked away in the bathroom of her house in Mexico for half a century (more myth making), it became increasingly apparent that in Kahlo’s case there is no separation between art and artist: they are one and the same.

It turns out the show isn’t a hackneyed hagiography at all, but a revelation.

From the early family photograph in which an androgynous-looking Frida is wearing a three-piece suit, to the image of her sitting on a Manhattan rooftop dressed in her spectacular Mexican clothes and smoking a cigarette, it becomes crystal clear that from her late teens onwards, Frida Kahlo was essentially a performance artist.

The image we have of her, the public image she developed (even when pictured in “private”), the Frida on show here, is as much an artwork by her as one of her paintings.

The traditional Mexican clothes she wore, the indigenous jewellery she collected, the photographs for which she posed, the monobrow, the moustache, her attitude: every detail was meticulously considered and curated by the artist to communicate to us her ideas, ideals, and feelings.

There is clearly also a performative aspect to her paintings; in so much as she is usually the main protagonist acting out the picture’s narrative. The sense of her using her body as a canvas is most explicit in the way she decorated the plaster corsets and prosthetic leg on display in a gallery full of her medicines and medical equipment.

And so the more this exhibition seeks to unmask the ‘real’ Frida the further she disappears behind her defiant façade.

By the time you emerge from the theatrical last room of dresses and shoes, you know for sure that you have absolutely no idea who the real Frida Kahlo was.

You only know what she wanted to show: what pain looks like, what Mexico looks like, what gender looks like; what love looks like.

It is her agenda, not ours.

We can mythologise her all we like, but to do so is to miss the point. As this exhibition makes abundantly clear, maybe not entirely intentionally, Frida Kahlo only ever revealed one thing to us: art – in all her guises.

 


Disabled Men On Universal Credit Discriminated Against, High Court Rules

June 15, 2018

Two severely disabled men experienced unlawful discrimination when their benefits were significantly reduced after moving on to the government’s controversial universal credit scheme, the high court has declared.

The ruling is a blow to the Department for Work and Pensions (DWP) and its rollout of the new payments system. Both individuals were left unable to meet many of their basic needs, the court had been told.

Delivering the judgment, Mr Justice Lewis said: “There appears to have been no consideration of the desirability or justification for requiring [the men] to assume the entirety of the difference between income-related benefits under the former system and universal credit when their housing circumstances change and it is an appropriate moment to transfer them to universal credit.

“That is all the more striking given the government’s own statements over a number of years that such persons may need assistance and that there was a need to define with precision the circumstances in which they would not receive such assistance.

“The implementing arrangements do at present give rise to unlawful discrimination [contrary to the European convention on human rights].”

The claimants, identified only as TP and AR, had previously been in receipt of the severe disability premium (SDP) and the enhanced disability premium (EDP), which were specifically aimed at meeting the additional care needs of severely disabled people living alone with no carer.

TP is a Cambridge graduate who worked in the financial sector in the City of London and abroad. In 2016 he was diagnosed with a terminal illness, non-Hodgkin lymphoma and Castleman disease.

When he became sick, he moved temporarily from London to his parents’ home in Dorset, but after a few months he returned to the London borough of Hammersmith and Fulham, a universal credit full-service area, on the advice of his clinicians in order to access specialist healthcare.

AR, who is 36, has severe mental health problems. In 2017 he moved from Middlesbrough to Hartlepool, a universal credit full-service area, because he could no longer afford the property he was living in, owing to the imposition of the bedroom tax.

Both men were required to make a claim for universal credit, as they had moved into local authority areas where the controversial benefit was being rolled out. They said they were advised by DWP staff that their benefit entitlement would not change. However, they experienced a monthly income drop of £178 under universal credit.

Tessa Gregory, a solicitor at the London law firm Leigh Day who represented the men, said: “Nothing about either of the claimants’ disability or care needs changed, they were simply unfortunate enough to need to move local authorities into a universal credit full-service area.

“The government needs to halt the rollout and completely overhaul the system to meet peoples’ needs, not condemn them to destitution. If this doesn’t happen, further legal challenges will inevitably follow.”

Last week Esther McVey, the work and pensions secretary, committed the government to ensuring that no severely disabled person in receipt of the SDP would be made to move on to universal credit until transitional protection was in place. She also promised compensation.

TP said: “To add to the stress of being seriously ill and undergoing very arduous treatments that have left me unable to work, I have had to take time off convalescing to fight in the courts for subsistence-level benefits. In being compelled to migrate to universal credit, where I lost the severe disability premium, I was deprived of a key mainstay of support for a disabled person living alone with no carer. The financial strain from the cutting of the SDP has made it so much harder for me to cope, as it has been an additional daily stress. It has been detrimental to my health.”

AR said: “I know it is a time of austerity, but I do not understand why the government are trying to penny-pinch with what is a relatively small and very vulnerable group – namely, severely disabled people without a carer. I thought we lived in a society where as a vulnerable group we would be protected, not unlawfully discriminated against.”

The men brought the case against the legality of the benefit cuts on three grounds. First, that the DWP breached the Equality Act 2010 in failing to fully consider the impact of removing premiums on severely disabled people. Second, that the 2013 benefit regulations discriminate against severely disabled people living alone with no carer. Third, that the implementation of universal credit and the absence of “top-up” payments for this vulnerable group in comparison to others constitute discrimination contrary to the European convention on human rights.

They lost the first two claims, but won on their third legal argument.

A DWP spokeswoman said: “We will be applying to appeal on the one point the court found against the department.

“This government is committed to ensuring a strong system of support is in place for vulnerable people who are unable to work.

“Last week, the secretary of state announced that we will be providing greater support for severely disabled people as they move on to universal credit. And we have gone even further, by providing an additional payment to those who have already moved on to the benefit.”

Grenfell One Year On: Mental Health Support

June 14, 2018

The thoughts and best wishes of all at Same Difference are with the survivors and bereaved families of the Grenfell Tower fire on this first anniversary.

In tribute, support and with all our thoughts, we publish this film from the Victoria Derbyshire show.

Mental health support for survivors is expected to take much longer than previously thought.

Ashley-John Baptiste meets one woman who says she is still in shock.

NHS To Hire Job Coaches

June 13, 2018

The NHS is set to roll out mental health employment specialists across the country, as a new analysis of services shows that 2,300 patients have been helped into work in the last year.

As part of patients’ care and support package, employment specialists in NHS Individual Placement and Support (IPS) services, offer advice about finding a job, help them to prepare for an interview and can speak with potential employers about how someone’s condition can be managed so that they can work effectively whilst staying in good health.

The trained specialists also improve the health of people with severe mental illness, reducing the need for urgent hospital admissions and GP appointments. Research shows that type of support can free up as much as £6,000 per patient, which can be invested in other frontline care.

Claire Murdoch, NHS England national mental health director, said: “Helping people with mental ill health to find and keep a job is good for individual wellbeing and good for the health of our economy. Tackling severe mental illness is not just about getting medication and treatment right, but ensuring people can recover to live independently with their condition, including the reward and satisfaction of getting and keeping a job.

“In our 70th year, mental health is one of the NHS’ top priorities, and ensuring services are integrated, so people get whole-person care, means our patients get better outcomes and taxpayers are rewarded as treatment is more efficient. One in seven of us will go through mental ill health whilst at work, so delivering a safety net, to help people back in to work when they fall ill, will minimise harm and make our country’s workforce more productive.”

Nicola Oliver, from Northamptonshire Healthcare NHS Foundation Trust, said: “Employment support linked to mental health means people can live the life they want to lead.

“If you help someone into a job they really like – which means they are inspired to get up in the morning and want to manage their symptoms – they’re likely to say to their clinician ‘This is what I want to do, help me to overcome these barriers.’ In this way, you’re motivating the person to manage their own condition.”

Mental health employment specialists in the IPS service are part of community mental health teams. They currently operate in parts of the country including Sussex, Bradford, Northampton and some London boroughs, which have seen 9,000 people in the past twelve months.

NHS England will be providing £10 million funding to expand access over the next two years, with further investment to follow. By 2021, NHS England anticipates that 20,000 people with severe mental illness will receive tailored care and employment advice via the NHS, suggesting that around 5,000 people with mental ill health avoid unemployment thanks to better health care.

Research by the Mental Health Foundation last year suggested that people’s mental ill health costs UK employers £35 billion. Investment in improving employment prospects via health services like IPS can increase productivity and reduce demand for employment and disability support payments like Jobseeker’s Allowance and Employment Support Allowance.

IPS is one of a number of integrated mental health services which are being introduced or expanded across England, as part of NHS England’s Five Year Forward View for Mental Health, a transformation and investment programme to improve care between 2016 and 2021.

In Cambridge, early results of integrating mental health treatments with other services has resulted in a 75 per cent reduction in people with long-term conditions like diabetes requiring emergency hospital admissions.

Reece Cattermole: UK’s Only Deaf Professional Boxer

June 12, 2018

Ding, ding, ding – the three rings of a bell which signal the start of a boxing match are synonymous with the sport.

But what if you cannot hear the sound – or instructions from the referee and your corner?

Reece Cattermole was diagnosed with a genetic, degenerative hearing condition at the age of three and is expected to be completely deaf by the age of 40.

Despite that, the 21-year-old from Ipswich is the UK’s first registered deaf boxer to be granted a professional licence since the 1970s, and won his four-round debut contest last month.

“Before boxing I had little understanding of hearing, how it works, what it is,” he told BBC Sport.

“I never quite knew how to deal with situations before they happened. Boxing also helped me learn how different people communicate.”

Anger, frustration and isolation

Middleweight Cattermole was introduced to the sport at the age of 11, when a taster group came into his school.

By that point he had started anger management to deal with the frustration his disability was causing.

“It started off back in high school when I was struggling to come to terms with my hearing,” he adds.

“It was a mental thing where I felt quite isolated, not being able to hear or understand people.”

Six years later he had his first bout in the amateur ranks, where his high work-rate made him stand out from the crowd.

“I can understand some people can be in the same position I was, feeling low,” he said. “Knowing I’ve overcome those obstacles, if I can inspire people to do the same I get that good feeling.

“Boxing takes your mind off a lot of things. Whatever you personally feel – anger, confusion, excitement – you can take it out on a bag without feeling any guilt.”

A fight to reach the ring

Since last September, the Suffolk fighter has worked with trainer Rob Ottley, who accompanied Cattermole through his first training camp and for most of his extended 10-month wait for a professional licence from the British Boxing Board of Control.

Their records show David Cave, a boxer in the mid-1970s from Cambridgeshire, as the only other deaf pro from the UK.

“It was a scary thought, not knowing if I’d get the licence,” he said.

“What got me it was when they referred me to a top hearing surgeon. They requested his opinion as my hearing will eventually get worse through time, but he had a fair point – it’s no different to someone getting hit in the ear.

Ottley continued: “Some days he was worried all the training would all be for nothing.

“It was quite a progressive move for the board to grant a licence – it’s not a sport which you’d normally associate with a disability.

“You know some of the bad publicity boxing gets, this is a positive story. It shows despite disability you can still achieve what your dreams are.”

Cattermole’s anxiety about being able to box for a living was in stark contrast to his feelings about the day when he will lose his hearing altogether.

“That doesn’t get to me in any way at all,” he said. “I’ve got family, friends, everything around me I need – that’s actually the least of my worries.”

Cattermole wears a hearing aid, which he has to take off for sparring and fights, and lip-reads interview questions via video call.

“People make the mistake that just because he’s deaf, he’s stupid. He’s a very switched on young lad,” said Ottley.

The man himself is nonplussed.

“That’s just one of the natural things – my girlfriend calls me deaf and dumb,” he joked. “It’s what people think the first time they see you’re deaf. I just let them think that and take advantage.”

Several subtle adaptations are made by his trainer to make the relationship work.

“If I need to start or stop something, I have to tap him on the shoulder,” Ottley told BBC Sport.

“We have little signals and I have to make sure I’m facing him.

“If he’s in the ring I try getting him to glance over once in a while – I bang the canvas even though I’m not meant to – three times means ‘pick the pace up’, one time means ‘steady on’.

“It’s against the rules as a trainer but, in the circumstances, I’d take a telling off from the ref.”

‘He can climb the ranks quite quickly’

His points victory over experienced Italian Victor Edagha has raised expectations, but Cattermole has two clear objectives in the sport.

“Our main aim is to go for title fights at British level, but for me personally inspiring others is one of the main goals,” he said.

“I’ve been asked to do a talk about my story to youngsters and put on a training camp – that’s another good thing, being able to help.”

He and partner Bella are expecting their first child in August, something Cattermole says “will change me entirely, how I view things”.

However, that is unlikely to temper his endeavours in the ring, with Ottley planning at least one more fight for him this year – possibly as soon as July.

“I think he can do very well and I don’t want to jinx it but he can climb the ranks quite quickly,” he said.

More Than Half Of Diabetics Have Been Treated For Mental Health Problems, According To A New Study

June 12, 2018

A press release:

An independent study of people living with type 1 and 2 diabetes, by Censuswide, commissioned by Ieso Digital Health, the UK’s leading provider of online therapy highlights the scale of mental health problems affecting those living with this chronic condition.

  • Around 700 people get diagnosed with diabetes every day in the UK. That’s the equivalent of one person every two minutes[i].
  • Three quarters (75%) of young adults (16-34) believe that their mental health has been negatively affected by their diabetes.
  • Almost half (46%) say that more awareness of diabetes-specific mental health issues would help prevent high levels of stress, anxiety and depression and other mental health problems, associated with having diabetes.
  • 43% say mental health education and assessment should be integrated into on-going diabetes health care.

This study, compiled by Ieso Digital Health, the UK’s largest provider of online CBT, shows that people living with diabetes are more likely to experience mental health problems compared with the general population. About one in four adults in the UK will suffer from a mental health condition each year ii; however, the Ieso study found that over half of patients with diabetes (51%) have sought treatment for stress, anxiety, depression or other mental health problems. Three quarters (75%) of young adults (16-34) believe their mental health has been negatively affected by their diabetes.

According to Sarah Bateup, Chief Clinical Officer, Ieso Digital Health “Mental health should be considered an integral part of on-going diabetes care.  We need to ensure a multifaceted approach including comprehensive assessment for mental health problems, educating patients to recognise stress and mental health problems and encouraging self‐care. Providing effective mental health interventions such as cognitive behavioural therapy (CBT) can help patients to address the emotional and behavioural aspects of living with a life-long condition such as diabetes.”

Mental health issues can make it more difficult for diabetes sufferers to alter their diet and lifestyle to comply with medical treatment programmes.

Mental health issues linked to diabetes include feelings of loss, stress, anger, panic attacks, mood disorders, depression, anxiety and eating disordersi[ii]. A depressed person is less likely to adhere to their diabetes medication or monitoring regimens which are necessary for effective management of diabetes, resulting in poor glycaemic control. Phobic symptoms or anxieties related to self-injection of insulin and self-monitoring of blood glucose are common, resulting in further emotional distress. Stress and depression are known to elevate blood glucose levels, even if medication is taken regularly iv.

Diagnosed with diabetes? Call to treat the whole patient, not just the physical symptoms.

Almost half (46%) of people believe that better awareness would help detect stress and mental health issues, while 43% think discussions of mental health within diabetes-specific appointments would help and that clearer advice from medical bodies would help.

All Together Now- Series 2

June 12, 2018

Same Difference has been asked to publicise the following:

I’m contacting from the second series of BBC One’s singing competition programme, All Together Now as we’re looking for outstanding vocalists to take part. Our show is hosted by former spice girl Geri Horner and TV presenter Rob Beckett, there’s also a £50, 000 prize up for grabs which the winner can use however they want – whether it’s to promote their music or simply book a holiday is up to them! Inclusivity is very important to us and we’d like to make sure that all talented singers across the UK have the chance to apply.

There are some clips online from our first series, which your artists can watch to get a feel of the show…

https://www.youtube.com/watch?v=pKdP_oxG1lY

https://www.youtube.com/watch?v=mKd60Fn9T-w

https://www.youtube.com/watch?v=0ZHEhjlqHiQ

Anyone interested can send over their cover songs  to sola.ogunsola@remarkable.tv along with their contact details.

 

Deaf Patients Being Left Behind By NHS

June 11, 2018

A very important feature from the brilliant Victoria Derbyshire show.

 

A lack of face-to-face interpreters is meaning deaf patients are missing key operations and being informed of serious medical issues – such as a miscarriage – via a tablet computer, we’ve learned.

Many of those affected say they want to be treated as equals by the NHS.

Anna Collinson reports.

Lost Voice Guy Gets Second Series Of Radio Sitcom Ability

June 11, 2018

A second series of Lost Voice Guy’s sitcom Ability is coming to Radio 4, following his Britain’s Got Talent win.

The comedian, real name Lee Ridley, said he’s “delighted” to return with his semi-autobiographical show.

Ability, co-written by Katherine Jakeaways, follows the life of 25-year-old Matt who has cerebral palsy and is moving into his best friend’s flat.

The first series was broadcast last month, ahead of Ridley’s victory on the ITV talent show.

In the next instalment, Matt’s new carer Bob – to be played by Bafta-nominated Allan Mustafa – will be joining the cast.

“I’m delighted to get the opportunity to write another series of Ability,” said Ridley. “I really enjoyed writing the first series, and it was a joy to have Katherine Jakeaways as a writing partner.

“The process of writing and recording the show was fun from start to finish. I’m glad we’ll be hearing more from Matt, Bob and Jess!”

Meanwhile, the 37-year-old from Newcastle has already had one of his comedy dreams realised.

After winning Britain’s Got Talent on Sunday, Ridley said his goal was to have a sold-out gig in his home town of Newcastle.

And now, his performance at the 300-capacity The Stand in the city has sold out in a matter of hours, having gone on sale the day after his talent show performance.

He’s announced two tour dates, the other being in Salford, and is also doing other stand-up shows. And he will perform his Inspiration Porn show at the Edinburgh Festival Fringe in August.

Ridley, who won the BBC New Comedy award in 2014, is thought to be the first stand-up comedian in the UK to use a communication aid during his act.

Jane Berthoud, producer of Ability, said: “It’s been brilliant seeing Lee’s well-deserved success over the last few weeks, though it’s not surprising how much he has touched people’s hearts.

“Everyone who heard the first series of Ability will know just how funny, clever, self-deprecating and, at times, poignant Lee’s comedy can be.”

In A Wheelchair? Want Benefits? Take The Stairs

June 11, 2018

Three weeks ago, Linda received a letter from the Department for Work and Pensions (DWP) calling her in for “reassessment” of her disability benefits. Linda is not her real name; she wants to speak out but says she fears any “comeback” from the DWP.

Talk to Linda for two minutes and it’s clear that forcing her to prove she’s not “fit for work” is brutal in itself. Sat in her wheelchair with a calliper holding two metal rods along her leg, the 59-year-old has spinal cysts that cause total numbness down her right side. Malformation of the brain – in short, part of her brain has come out of her skull and presses on her spine – leads to regular blackouts. Spinal damage explains the rigid collar brace around her neck, attached to an alarm pendant to call for help if she falls.

Nerve damage has left Linda largely deaf and we communicate via email. Even this is hard for her: the numbness down one side means she can only type with one hand and a splint stabilises the other.

But it’s one detail in the assessment letter that’s the real kicker: Linda’s test will take place “on the first floor”. The building in Birmingham has a lift, but it cannot be used in the event of fire. The letter states, underlined and in bold, that in order to attend their assessment, claimants have to be able to negotiate the “44 steps” down to safety. In other words, if they are unable to walk 44 steps they are not allowed to come to the assessment centre.

Linda can’t get her head around the logic. “Why does the DWP, knowing most people going for a medical will be disabled like me, think it’s right to have the office on the first floor [with] 44 steps?” she asks.

This is Britain’s benefit system in a nutshell: a wheelchair user is told to negotiate 44 steps to get her benefits. Linda’s letter informs her that if she thinks she’ll “have difficulty” using the stairs, she should “ring the helpdesk”, so they can “make alternative arrangements for you”. Calling a helpline is little use when you’re deaf; panicked, Linda had to ask a friend over to contact the DWP for her.

I ask Linda what alternative the DWP officials told her she could have. “None at all,” she says, “despite my friend, a MP and my doctor all saying I can’t get up or down any steps.”

The DWP told me that, contrary to the letter it had sent out, wheelchair accessible facilities are available on the ground floor of the Birmingham centre and that “customers are contacted prior to their interview to ensure the correct room is booked”. Yet Linda says she was told clearly by the DWP that only the first floor could be used for assessments.

Her benefit test is scheduled for the week after next and she dreads what’s coming. “I’ll once again be asked if I can walk down the 44 steps and because I really can’t they will put me down as a ‘no show’ and my money will get stopped.”

This is not a far-fetched fear. What’s happening to Linda comes in light of my report last month on Jaki – a mobility scooter user in Essex who’s gone almost a year without her disability benefits because her local test centre has no ramp. There’s growing evidence that the government is sending disabled people to multiple inaccessible benefit centres to test them for disability benefits. At minimum, this is causing distress and pain to people who are already struggling with their health. In the worst cases, this is leading to them being denied vital benefits simply because they can’t get in the building. The DWP tells me that: “While all assessment centres meet accessibility standards, where access to assessment rooms is via a lift there are health and safety implications in the event of a fire if claimants cannot use stairs.” It adds: “Providers make every effort to identify those claimants who may have problems in accessing these sites.” Such claimants are offered an appointment at another centre or a home visit.

“Home visit” is the default DWP response when challenged over the inaccessibility of benefit centres. But poke a bit more and it seems little more than smoke and mirrors: disabled people and welfare advice workers report it’s common for even seriously ill people to be turned down for a home visit, while doctors’ surgeries, increasingly swamped by benefit evidence requests, are charging anything from £25 to £100 for the privilege, in effect pricing many sick and disabled people out of the chance of an assessment in their own home.

Even if the centre were accessible, Linda couldn’t get out of the house to get there. She’s been housebound for three years; sickness and social care cuts have trapped her inside. It’s been “impossible” for her to get support from her cash-strapped local council – “To even have one day a week [to have] a carer to come out with me would be a dream come true,” she says – and the only way she can get washed and dressed is if a neighbour comes over to help her.

When Linda’s friend called the DWP for her, she was informed she “didn’t meet the criteria for a home visit”. The large cardboard box of heavy-duty meds that sits in her bungalow is her only way to get through a normal day: steroids, epilepsy tablets, antidepressants, an inhaler, and morphine tablets for the pain. If Linda doesn’t qualify for a home assessment, it’s hard to imagine who does.

She worked from the age of 15 – for the army in the 1970s and then as an NHS nurse – until she fell ill in her 40s, which she asks me repeatedly to mention in anything I write. Nowadays, some people believe the myths spread by certain MPs, she explains – “that every single disabled or poor person is a scrounger”.

Linda is grateful – “I know there are people out there probably a lot worse off than me,” she says – and talks of the small things that keep her going (her cat knows she’s upset and won’t leave her side), but it’s hard to play down the impact on her. She had to be seen by a mental health worker last week, “for a breakdown”, when the stress of the assessment got too much. In the last few days, Linda has received an official doctor’s note to try to “prove” her disability but says she’s been told by officials that this is “no guarantee” she’ll be granted one. “It’s catch 22,” she says. “I can’t walk to negotiate the 44 steps but don’t meet the DWP’s criteria [to have an assessment at home].”

This week, Linda emailed to tell me that – out of the blue – the DWP had cancelled her appointment with no explanation. She has no way of knowing if this means it’s being rescheduled or what will happen with her benefits. “So more waiting and worrying,” she says.

It’s tough to comprehend why exactly the government won’t commit to a common-sense solution: pledging to only hold benefit assessments in centres disabled people such as Linda can fully access.

“I think the DWP just want every disabled person to fail, no matter how bad their illnesses are,” she says. “I worked hard all my life but now I can’t … I’m not worth anything to the government any more.”

Lost Voice Guy: Is Geordie The Funniest Accent?

June 11, 2018

Comedian and Lost Voice Guy Lee Ridley doesn’t like the voice on his tablet computer that he uses to speak, as it makes him sound like a posh Robocop.

So he travels to Newcastle – home of Cheryl, Ant & Dec and Geordie Shore – to see if he should adopt the Geordie accent.

Coronation Street Actors Launch A Networking Event For Disabled Performers

June 8, 2018

Coronation Street actors Cherylee Houston and Melissa Johns have launched a new networking initiative for disabled artists and performers in the north-west of England.

Disabled Artist Network Community (DANC) aims to “encourage change” by opening up dialogue with TV companies, music producers, arts venues and film-makers.

DWP advisor, I take tablets and I can work so you can too. Doctors refusing to issue sicknotes after recieving a letter from the DWP. This weeks blog.

June 7, 2018

Charlotte Hughes's avatarThe poor side of life

Dear readers, today didn’t start too well. I had been unwell all night so ended up being awake for most of it listening to podcasts, but no fear I arrived at our weekly demo as usual. For anyone disputing my dedication to the cause I’d like to dispute their claims. As well as helping people, we raise awareness and I work very hard on this, its near enough a full time job.

Anyway enough about me, let’s talk about the important stuff, the people that are suffering at the hands of a cruel, uncaring government. For those thinking that the government actually does care, you are sadly mistaken. Years of experience tells me that they don’t have a caring bone in their bodies. It’s simply about persecuting the poor in as many ways as is possible.  Below are a few examples.

The first man that I spoke to is a…

View original post 1,451 more words

Seatplan Helps Find Accessible Theatre Seats

June 7, 2018

This is a guest post by Laura Kressly.

People from all sorts of backgrounds and demographics enjoy going to the theatre, and theatre tries hard to bring in audiences from all sorts of backgrounds and demographics. But sometimes all the good intentions in the world are thwarted by theatre buildings.

Most of London’s West End theatres date to the Victorian or Edwardian era, and some are even older – Theatre Royal Drury Lane was completed in 1812, which is 7 years before Queen Victoria was born. Attitudes towards disabilities were very different back then, and access was not something architects considered. Now many of these buildings are listed, with measures that would more easily facilitate access unable to be carried out due to planning regulations.

That said, the theatre industry is waking up to the need for improved access. Companies are increasing their access provisions, including access performances, outreach and staff trained in Disability Awareness. Buildings are adding portable ramps, additional entrances, induction loops and low-level service counters at their box offices and bars.

This isn’t always good enough, though. Theatres may have brought in access measures, but not all of them are very good about making this information available. A survey conducted by charity VocalEyes found last year that 72% of UK theatre websites they surveyed had access information, but this varied from a few sentences to detailed descriptions of their provisions. That means 28% of theatres had no information displayed at all. This just isn’t good enough.

Though some owners have several theatres in their property portfolios, others are independent. This means there’s a lack of an industry standard for what access content is published online. There are also few third party sites that provide information for the whole of London’s West End theatres.

Luckily, SeatPlan.com goes some way in filling that gap. This theatre website contains individual pages for each of the major West End theatres, complete with accessibility pages. On these pages you will find details about things like the number of stairs, wheelchair spaces and most importantly, contact information for each theatre’s access team.

These theatre staff will be able to provide up-to-date details about access performances and provisions that may not be advertised, answer any questions customers may have, assist them in booking suitable tickets and services. They will also be able to advise theatregoers of all the information they will need for their visit, including arrival times, entrances and who will be on hand to assist them.

Though it’s clear that the commercial theatre industry is trying to change in the face of financial and architectural restrictions, there’s still more to be done. Sites like SeatPlan go some way in making the process of going to the theatre as a disabled person easier, but theatres need to do more to up their game. Luckily, change is coming even if it’s slow to be implemented.

Petition: Allow Disabled People Freedom To Travel On Trains

June 7, 2018

Please join us in signing this:

 

Last week Govia Thameslink Railway instructed their staff not to help people with disabilities to access their trains if there is a possibility offering assistance will make the service late. Apparently this is part of company policy.

As a wheelchair user I am appalled by this decision. I use this train service, it’s one of the main things that enables me to lead a ‘normal life’. But with this decision Govia has made me feel like an inconvenience, rather than as a human being or a paying customer.

I’m worried I will end up missing train after train, or become unable to use the service all together, because it takes “too much time to help people like me.” It can take a little more time to deploy a ramp or to help someone onto a train. And in the past I’ve had experiences where the person meant to assist me is late. I’m concerned if staff decide these adjustments run the “possibility” of making the train late then they will not provide them. These tiny amounts of time shouldn’t mean people like me loose out of traveling on the train.

Govia is one of the biggest train operators in the country, there are hundreds if not thousands of disabled people that threaten to be affected by this.

If they are struggling to get their trains to run on time they need to find solutions that don’t punish disabled people. We have the same rights as any other passenger to travel on the train and we deserve to be treated with dignity.

We need to speak out and hold Govia to account now. If they are allowed to get away with it, other train companies might follow. This could have a disastrous effect on disabled people’s travel and independence.

This is a disgrace and a step backwards. This policy takes away choice and freedom for many disabled travellers.

We CANNOT let this policy continue! Please sign my petition calling on Govia Thameslink to scrap this policy.

DWP’s secret watch-list of who on Social Media it monitors – like @Dis_PPL_Protest

June 7, 2018

mrfrankzola's avatarFrank Zola

Today the DWP released it’s secret list of campaigners, journalists and individuals it keeps a close eye on.

Disabled People Against Cuts (@Dis_PPL_Protest) are amongst those the DWP likes to monitor.

Extract of list

Name – Handle 
Adam Boulton – adamboultonSKY
Alan Jones AlanJonesPA
Alex Cunningham MP ACunninghamMP
Alex Spence alexGspence
Alison Holt AlisonHolt1
Allegra Stratton BBCAllegra
Alok Sharma AlokSharma_RDG
Andrew Gregory andrewgregory
Andrew Neil afneil
Andrew Sparrow AndrewSparrow
Andrew Verity andyverity
Angela Rayner AngelaRayner
Arj Singh singharj
Asa Bennett asabenn
BBC Daily Politics daily_politics
BBC Question Time bbcquestiontime
BBC Radio 4 Today BBCr4today
Ben Riley-Smith benrileysmith
Carl Dinnen carldinnen
CCHQ Press Office CCHQPress
Charlie Cooper CharlieCooper8
Chris Mason ChrisMasonBBC
Chris Ship chrisshipitv
Christoper Hope christopherhope
Coffee House SpecCoffeeHouse
Craig Mackinlay MP cmackinlay
Craig Woodhouse craigawoodhouse
Dan Hyde DanTLHyde
Daniel Boffey DanielBoffey
Darren McCaffrey DMcCaffreySKY
David Budworth DavidBudworth1
David Wooding DavidWooding
Debbie Abrahams Debbie_abrahams
DPAC  Dis_PPL_Protest 
Ed Conway EdConwaySky
Emily Ashton elashton
Emily Dugan emilydugan
Emma Lewell-Buck MP EmmaLewellBuck
Emma Revie emmarevie


Esther McVey EstherMcVey1
Faisal Islam faisalislam
Francis Elliott elliotttimes
Frank Field MP frankfieldteam
FT Westminster ftwestminster
George Eaton georgeeaton
George Osborne George_Osborne
George Parker GeorgeWParker
Gerri Peev GerriPeev
Gingerbread Policy…

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Ten Thousand Posts!!!

June 6, 2018

Yes, readers, another milestone has been reached today by Same Difference.

Just before our 11th birthday in a couple of weeks, this tiny little article is our 10,000th published post.

It’s a tiny fraction of the massive World Wide Web. The World Wide Web will forget it tomorrow. But we will remember it forever, because to us, it means the world.

We often use our milestone posts to thank you, readers. This one is no exception.

THANK YOU ALL. If we had no readers, we wouldn’t have written ten posts- 10,000 would never have even crossed our minds.

We’ve covered so many topics in our 10,000 posts. Love, loss, romance, rants, progress (and the lack of it) the arts, politics, and so much more. Disability is everywhere. We hope you see that when you look through our growing archives.

When we wrote our first post, Tony Blair was Prime Minister. Our focus has been forced to change as Governments and Prime Ministers have come and gone, and made policies that have directly affected our lives as disabled people and carers. We didn’t start out to be a political site, but now our focus is firmly on politics, especially welfare reforms.

But, readers, that is only because we always track the kinds of posts you read the most. That is only because our statistics and your discussions in our comments tell us that those are the topics you want to read about, and the ones that you care about the most.

However, we still do what we started out to do 10,000 posts ago. We still celebrate the amazing achievements of disabled people. Just three days ago, the final of Britain’s Got Talent showed the mainstream world what we have been trying to show them from our very beginning.

Given a chance, and the right support, disabled people can do anything they find interesting. Sometimes, we might just win the final, but even if we don’t, we all deserve the chance to try to do anything we like.

So, we use this post of celebration to say- please don’t give up. Disabled people, try your best to do anything you like. Carers, families, friends- please support us in our dreams. Your support means more than you realise- and you never know what your support might enable the disabled person in your life to do.

We hope we’ll have much more to celebrate over our next 10,000 posts!!

 

 

Frank Field Puts ATOS And Capita On Notice To ‘Start Delivering, Or Else’

June 6, 2018

A press release:

The DWP today announced in a written statement that it was intending to extend Atos and Capita’s contracts to provide Personal Independence Payment (PIP) functional assessments for a further two years to “allow for a stable transition to any new provision”, over which period it would develop in-house IT capacity.

Rt Hon Frank Field MP, Chair of the Work and Pensions Committee, said:

“This is the most the Committee could have asked for at this stage and is further credit to the thousands of disabled people who sent evidence to us. The Government is making the important first steps to enable it to get out of a hole of its own making. Having the capacity to bring assessments back in house will put it in a far stronger position to turn the screws on its hitherto failing contractors, in the interests of claimants and all taxpayers. This should serve as notice for Atos and Capita to start delivering, or else.”

The Committee published its policy report on PIP and Employment and Support Allowance (ESA) assessments in February 2018, which found “a pervasive culture of mistrust” around assessment processes. The Committee also published a report on claimant experiences alongside it, setting out some of the stories of the 4,000 claimants who made written submission to the inquiry, an unprecedented public response to a departmental committee.

 

DWP agrees to video recording of assessments as standard

In its formal response to the report, published in April 2018, the Government agreed to the Committee’s key recommendation of recording PIP assessments as standard. Today, it has announced that it will pilot video recording with a view to making it a standard part of the assessment process across Great Britain. This was a further recommendation of the Committee.

With regards to contractors, the Committee [44.%20Successive%20evidence-based%20reviews%20conducted%20on%20behalf%20of%20the%20Department]concluded:

94. The PIP and ESA contracts are drawing to a close. In both cases, the decision to contract out assessments in the first instance was driven by a perceived need to introduce efficient, consistent and objective tests for benefit eligibility. It is hard to see how these objectives have been met. None of the providers has ever hit the quality performance targets required of them, and many claimants experience a great deal of anxiety over assessments. The Department will need to consider whether the market is capable of delivering assessments at the required level and of rebuilding claimant trust. If it cannot—as already floundering market interest may suggest—the Department may well conclude assessments are better delivered in house.

With regard to recording of assessments, the Committee [44.%20Successive%20evidence-based%20reviews%20conducted%20on%20behalf%20of%20the%20Department]concluded:

44. Successive evidence-based reviews conducted on behalf of the Department have identified a pervasive culture of mistrust around PIP and ESA processes. This culminates in fear of the face-to-face assessments. This has implications far beyond the minority of claimants who directly experience poor decision making. It can add to claimant anxiety even among those for whom the process works fairly. While that culture prevails, assessors risk being viewed as, at best lacking in competence and at worst, actively deceitful. Addressing this is a vital step in restoring confidence in PIP and ESA. The case for improving trust through implementing default audio recording of assessments has been strongly made. We recommend the Department implement this measure for both benefits without delay. In the longer term, the Department should look to provide video recording for all assessments.

Was Lost Voice Guy’s BGT Win A Watershed Moment For Disability?

June 5, 2018

On Sunday evening, Britain’s Got Talent drew to a close and this year’s winner was crowned. Nothing unusual there.

But Lost Voice Guy’s victory wasn’t just notable because he was the first comedian to win in the show’s history – but also because he has cerebral palsy.

Furthermore, the runner-up, another comedian named Robert White, has Asperger syndrome.

The pair helped the show attract its biggest audience since 2015 – an average of 8.7 million viewers tuned into the final, according to overnight figures.

Both acts made light of their own disability in their acts. So is this a watershed moment for disability on TV?

“No,” says broadcaster Mik Scarlet, who is now an inclusion and equality trainer. “I think it’s just another one of those moments that happens throughout the history of media.

“The media has always believed that the public can’t cope with disability, but that’s just never been my experience.

“I was discovered in a similar, not quite so dramatic, hail of praise and glory in 1989, and I went on to become one of the most famous disabled presenters.”

Mik, who uses a wheelchair, became a familiar face to viewers as the presenter of Channel 4 kids TV show Beat That, and went on to acting roles in The Bill and Brookside.

“Everywhere I went, all the people I met were fine with [my disability], they genuinely didn’t care,” he says.

“What this actually needs to be is a watershed moment where the media wakes up to the fact that, actually, the general public are absolutely fine with disability.”

He adds: “Hopefully what might happen is now the media will stop making it such a terrible tragedy story.

“It’s very easy for them to shine a light on the public and go ‘Oh look the public voted, they must have changed,’ when actually this is the first time the public have been given the chance to vote.”

Viewers may not have had many opportunities to vote for acts like Robert White and Lost Voice Guy – whose real name is Lee Ridley – in talent shows before, but disabled people have been represented on screen in a variety of other ways in recent years.

Noughties comedy series Little Britain (which starred David Walliams – now a Britain’s Got Talent judge), saw Matt Lucas play a disabled character who was secretly able-bodied.

The sketches poked fun at the idea that disabled people fake their condition in order to claim benefits, and the show was hugely popular with viewers.

But now the comedy is coming from disabled performers themselves.

Dean Chaffer, a comedy fan who also has cerebral palsy, has been following Lost Voice Guy’s career for a number of years.

“Watching Lee around various comedy clubs and places around the north-east over the years, how he supported Ross Noble in the early days of his career, that was really good,” he recalls.

“And hopefully he can go as far as he wants to doing comedy, and challenging people’s perceptions of disability and getting laughs along the way.”

He adds: “The first rule of comedy is just to be funny and I think that’s what Lee does really well.

“Disabled people have a sense of humour, just like everyone else… we’re just like normal people, and I think it needs to be highlighted that Lee and Robert were up there because they were the funniest people.”

Tim Renkow, another comedian with cerebral palsy, told BBC News: “[The audience] can get super uncomfortable when you get on stage but once you’ve done three jokes, they just don’t care and they want you to be funny.”

One of the factors key to both White and Ridley’s success, Mik thinks, is the fact that they actively made their disability the subject of some of their comedy.

“There are a few people now who work in the media who are disabled but never really mention it. The thing about Lost Voice Guy is he goes on about it, it’s his set,” he says.

“And I think it’d be really nice if disabled people could finally be allowed to talk about it again, and be considered something other than a contributor. At the moment, if you want to talk about disability on television you tend to be a contributor, and not anything else.

“And I think that might be a really important change; that we see comedy where disability is in it and it’s done well.

“Hopefully soon you’ll have a really funny comedy about disability, which makes disabled people laugh, but also makes non-disabled people laugh not at us, but with us.”

Mik adds that he hopes Lost Voice Guy’s win will open doors for a new generation of disabled performers.

“Recently there’s been a very unhealthy attitude that the only way for a disabled person to follow a dream is to become a Paralympian.

“And I hope that what this does is say to the next generation of kids, ‘Do anything, do what you like, do what you’re good at’.”

Another comedian Francesca Martinez, who also has cerebral palsy, has often made light of her disability in her comedy routines – including during an appearance on the BBC’s Live At The Apollo.

Channel 4 comedy show The Last Leg is now in its 13th series, despite it initially only being commissioned for a brief run during the London Paralympics in 2012.

The show, which stars Josh Widdicombe, Adam Hills and Alex Brooker sees Hills and Brooker regularly make fun of their own disabilities – Hill was born without a right foot and Brooker’s right leg was amputated when he was a baby. He also has hand and arm deformities.

“I think we need disability to be normalised on screen,” says Dean.

“The BBC has had Silent Witness (which earlier this year featured an episode with three disabled actors) and we just need to see disabled people going about their everyday lives.”

“There will be things that a disabled person finds funny and it’s often about things that have happened to you. Sometimes as a disabled person you go through things, and you think, if I don’t laugh about it, what would I do?

“And I think that’s the reason shows like The Last Leg are there, because it enables everyone to have a conversation about disability, and it’s no longer taboo.

He continues: “Now that we have platforms like YouTube, disabled people are able to present themselves in the way that they want to and say this is my life that I’m living, rather than somebody who’s controlling or producing the show, looking at having a version of them on screen.

“Disabled people now have much more control in representing themselves and challenging people.”

Facebook Criticised For ‘R Word’ Ads

June 5, 2018

Facebook has been criticised by disability charities for hosting adverts across the platform featuring the word “retard”.

The adverts for the game Hustle Castle: Medieval Life featured characters with the heading “Level 1 Retard”, reported digital content site Digiday.

The adverts also featured on the social network Instagram, which is owned by Facebook.

The social media giant has yet to comment.

The game which caries a 9+ age rating on Apple’s App store, allows players to run a castle and start battles. It is developed by the Dutch company My.com, which is owned by the Russian internet company Mail.Ru.

Charity frustration

“It’s pretty surprising that in 2018 the creators of a game for children are using such antiquated language in their advertising materials,” said Richard Lane, spokesman for the disability charity Scope.

Leroy Binns, who has a learning disability and works for the charity Mencap, told the BBC about his own experiences with the word.

“I have been called this and it is one of the most hurtful things someone with a learning disability can be called. It makes us feel like we are worthless and people think less of us,” he said.

“This company should take the word down and Facebook and Instagram should know better and make it clear this language is not allowed.”

A spokesman for My.com has apologised for the advert, which he said was created in Russia.

“This was a poor judgement call without the proper knowledge of the language and disconnected from the local market. We apologise for the offence and will take steps to improve our advertisement choices.” he said.

The company confirmed it had pulled the adverts from both Facebook and Instagram.

DWP Admits To Getting PIP Law Wrong On Managing Therapy And Monitoring A Health Condition

June 4, 2018

With many thanks to Benefits And Work.

The DWP have abandoned a court case after admitting to getting the law relating to personal independence payment (PIP) wrong again for years, meaning that many thousands of PIP claims will have to be reviewed and claimants given back-payments. However, the DWP are refusing to concede that they are still applying the law wrongly now, meaning another legal challenge is likely.

In March 2017, the DWP made two major changes to PIP legislation. One of these related to the mobility component and severe psychological distress, the other related to ‘Managing therapy or monitoring a health condition’. Both changes were made so that the law matched the guidance that the DWP had been using to make decisions for years, but which the courts had found to be incorrect.

The result of both changes was that fewer claimants would be entitled to PIP.

Mobility component
In January of this year the DWP admitted that the changes relating to the mobility component were unlawful and stated that they would now the law as the courts had interpreted it before it the DWP altered the regulations on 16 March 2017.

Not only that, but the DWP also agreed to go back through old PIP decisions and correct any that had been made by applying the law wrongly.

As a result, significantly more claimants with mental health conditions are entitled to the mobility component and the DWP have begun a massive review of all past PIP decisions to try to identify hundreds of thousands of claimants who may have wrongly missed out on an award, or a higher award, of the PIP mobility component.

Managing therapy or monitoring a health condition
The changes to the ‘Managing therapy or monitoring a health condition’ activity in March 2017 were intended to prevent claimants who needed help in the form of supervision, prompting or assistance with taking medication or monitoring a health condition from scoring more than one point. The changes stated that help with taking medication, or with monitoring a health condition, did not count as help with therapy for which up to 8 points can be scored.

In two cases where the initial decision was made before March 2017, the DWP appealed to the upper tribunal after the first tier tribunal had decided that claimants were entitled to score points for help with therapy because they needed someone to monitor their health condition adnd administer medication.

According to Garden Court Chambers, who are representing the claimants:

“The government had been arguing that ‘therapy’ excluded treatment which consisted of the monitoring of health and administration of medication. For example, one of the claimants in these cases was a person with type 1 diabetes and unusual sleep patterns, who needed someone to watch over him at night, sometimes administering insulin or glucose while he slept, to avoid diabetic coma and death. The FTT had decided he qualified for PIP. The government had argued in the appeal that he should be awarded only 1 of the minimum 8 points necessary to qualify for PIP.”

The DWP have also withdrawn an appeal in a separate case that was due to be heard in the Court of appeal. In CPIP 721 2016 the Upper Tribunal had held that where a claimant needed help with both managing medication and monitoring a health condition then they should score more than one point.

The judge also ruled that where supervision was needed for “elements of what would ordinarily be regarded as therapy that go beyond either managing medication or monitoring a health condition” then the higher scoring descriptors would apply. In addition, the time taken for managing medication and for monitoring a health condition as part of the therapy could then also be taken into account.

Where the law stands now
For decisions made before 16 March 2017 the DWP have said that they will now have to look again at claims relating to this activity.

According to Garden Court Chambers:

“As a result of withdrawing her appeals, the SSWP [Secretary of State for Work and Pensions] has accepted that, as with the case of her error relating to the mobility element of PIP, she will now need to review past claims relating to this descriptor, to identify other claimants who may have been underpaid. The government has not yet given any details of when or how that process will be carried out, or how many claimants it expects to be affected.”

However, the DWP is arguing that none of this applies from the date when they changed the law. So for cases from 16 March 2017 the DWP claims its decisions are correct.

But it isn’t that simple.

By withdrawing their appeals the DWP are admitting that they were applying the law incorrectly.

So, the changes they made to the law in March 2017 were not just to clarify the existing law, as they argued at the time. Instead they were a material change in the law which removed entitlement to PIP, or a higher rate of PIP, from many thousands of claimants.

In this case the DWP were under a duty to consult before making changes to the law.

They didn’t do this and it is now open to a court to decide that, because there was no consultation, the changes were unlawful and, as with changes to the mobility component, the law must go back to how it was before.

It looks like the DWP are not going to concede this easily, but there’s no doubt that a case will be brought to court to try to overturn the changes to the regulations.

What you should do
If you think you may have been affected by this issue, then make sure you keep subscribing to the Benefits and Work fortnightly newsletter and we’ll keep you informed about what’s happening.

If the decision in your case was made before 16 March 2017 and relates in part to this issue then, in theory, the DWP should be contacting you. More details of how the review will be carried out and when you should be contacted should be made available soon. At that point you can consider whether to wait to be contacted or raise the issue with the DWP yourself.

If the decision in your case was after the cut-off date then keep reading the newsletter and we’ll let you know when a hearing is to be held to decide whether the changes to the regulations were unlawful.

If you’re currently making a claim, then include as much information as you can about the help you need with managing your condition. If you are unhappy with the decision in your case, you can get advice in order to consider whether to appeal on the grounds that the changes to the regulations were unlawful or whether to wait for clarification of the law.

If you are not already a subscriber, you can sign up to the Benefits and Work free fortnightly newsletter using the two boxes near the top- left of any page on this site.

You can download CPIP 721 2016 from this link.

You can download SI 2017 No. 194 from this link.

You can read more about the DWP decision to drop the appeal on the Garden Court Chambers website

Jobcentre On List Of Organisations That Will Be Allowed To View Your Entire Internet History

June 4, 2018

Lost Voice Guy WINS Britain’s Got Talent 2018

June 4, 2018

Same Difference is thrilled to report that one of our editor’s favourite DisAbled comedians, Lost Voice Guy (Lee Ridley) has just won Britain’s Got Talent 2018.

This is the moment we have been wishing for for the last two months, ever since we heard he was on the show. But, he’s not a singer, and everyone knows singers usually win BGT- unless dancers are lucky- so we didn’t dare to hope it might actually happen!!

Yet happen it has. Here’s his winning routine:

And here’s his winner’s speech- with a joke thrown in, of course:

Same Difference wouldn’t be Same Difference unless we also gave a shout out and sincere well done to the runner up, Robert White, who has Asperger’s. Here is his final routine:

How Do You Learn Trapeze Without Sight?

June 1, 2018

Amelia Cavallo has mastered the art of aerial performance on silks and trapeze at great heights above the floor.

As someone who is registered blind, how does she know how high up she is and where the silk or trapeze will be when she lets go as part of a trick? And how often does she end up on the crash mat?

Cavallo is performing as part of new circus show, What Am I Worth? It’s a collaboration between disabled performers and musicians and asks society a very pertinent question.

DWP To Keep ESA Repayments As Small As Legally Possible

May 31, 2018

With many thanks to Benefits And Work.

The DWP confirmed to the Public Accounts Committee (PAC) last week that they will pay the minimum amount they can legally get away with to claimants who were underpaid ESA as a result of DWP errors. This means that they will not backdate all the way to the date of the error in many cases and also will not pay any consequential losses, such as prescription charges claimants should have been exempt from.

In March of this year we reported that the DWP failed to award income-related ESA to around 70,000 claimants who were transferred from incapacity benefit to contribution-based ESA from 2011 onwards.

Affected claimants are owed between £2,500 and £20,000 each.

However, the DWP are insisting that they are only legally obliged to repay underpayments from 21 October 2014, when the upper tribunal first ruled that contribution-based and income-based ESA are a single benefit and that the DWP has a duty to assess claimants for eligibility to both types of ESA when a claim is made.

This means that underpayments from before this date all the way back to 2011 can simply be ignored by the DWP. Child Poverty Action Group are currently mounting a legal challenge to this decision by the DWP.

In evidence to the PAC, Peter Schofield, DWP Permanent Secretary, insisted that compensation would not be paid to claimants who had lost out:

“We don’t pay blanket compensation in situations where the courts have told us to interpret a piece of legislation in a particular way. We don’t do that . . . I have a responsibility, as accounting officer, and I have looked carefully at this in the context of “Managing public money”. The key point here is not to create precedents that put the taxpayer at risk.”

Schofield was then pressed by the Chair of the committee:

“Just to be clear, if you were paying prescription charges or something—the passported benefits—would people individually be able to get those refunded, if they can prove that they had to pay them?”

Schofield responded that prescription charges would not be refunded:

“We are not introducing a blanket compensation scheme . . . No. I have assessed this from the point of view of an accounting officer, and I don’t believe that is consistent with “Managing public money”.

Schofield also revealed that the DWP intend to have processed all repayments by next April and that “hopefully” they would begin processing repayments in June to the next-of-kin of claimants who have died.

The PAC also praised the welfare rights website Rightsnet for first highlighting the issue. The chair suggested that the welfare rights worker (Andrew Dutton from Derbyshire Welfare Rights Service) who spotted the problem and first wrote to the DWP about the underpayments, should be bought a pint.

You can read the PAC meeting minutes here.

Legal Changes To Tribunals

May 31, 2018

With many thanks to Benefits And Work.

The government is making legal changes to allow tribunal staff to carry out some of the functions which are currently the role of judges. In addition, the President of the Tribunals Service will have the power to decide on the composition of tribunals, including the number of people sitting on them.

The Courts and Tribunals (Judiciary and Functions of Staff) Bill had its first reading last week. It has two main effects.

It will “increase the routine judicial work undertaken by ‘case officers’to enable judges to concentrate on more complex matters.”.

In other words, clerks will be able to undertake functions currently exercised by judges. That could, for example, relate to issues such as whether to postpone a hearing or require the DWP to provide specific evidence about a case.

It will also “enable greater cross-deployment of staff between jurisdictions according to need.” So a clerk from say employment appeals could be transferred across to social security appeals where they would, without necessarily a great deal of knowledge, be able to undertake judicial functions, as above.

Whilst this will undoubtedly lead to savings and efficiencies, there are real dangers that staff from one jurisdiction will not be fully aware of how other jurisdictions work. Employment tribunals, for example, tend to put a great deal more pressure on the parties to settle prior to the hearing and are much more likely to issue onerous directions to either party to the appeal.

The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) (Amendment) Order 2018 also came into force this month.

New regulations allow the Senior President of Tribunals to decide how many people are required to sit on appeal panels without the need to have regard to how such panels were constituted in the past.

At present, PIP appeals always require a three person tribunal, but it would be possible for the Senior President to decide that in some circumstances only two, or even one person is required.

The government have said that they will not go ahead with their original proposal to introduce a single member panel as the default position in the unified tribunals. But that does not prevent them introducing one or two person tribunals where they consider that the matter is not sufficiently complex to require more members.

You can download the Courts and Tribunals (Judiciary and Functions of Staff) Bill from this link.

You can download the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) (Amendment) Order 2018 from this link.

Tribunals Service Struggles With Flood Of PIP Appeals

May 31, 2018

With many thanks to Benefits And Work.

The Tribunals Service is struggling to recruit and train an extra 700 panel members after being hit by a flood of personal independence payment (PIP) appeals, the President of the Service revealed in his latest annual report last week. The result is longer waiting times for claimants to have their appeals heard.

According to judge John Aitken “The rapid rise in appeal numbers has outstripped our ability to recruit and train sufficient numbers of panel members to keep pace.”

Social security hearings reached their height in 2012-13, when there were 507,000 appeals. However, the introduction of the mandatory reconsideration before appeal system brought these numbers crashing down to 112,000 in 2014-15.

But the mass reassessment of working age claimants for PIP has clearly had a huge effect on appeal numbers. In the year to the end of March 2016 they had gone up to 157,000 but, warns Aitken, “The trend is now upwards and provisional figures indicate much larger increases over 2017.”

The problems for the Tribunals service are made worse by the fact that PIP appeals require three person tribunals, rather than the two needed for ESA appeals or a judge sitting alone for many other types of social security hearing.

Having got rid of many staff members when the number of appeals plummeted, the Tribunals Service is now having to start recruiting again:

“In September 2017 we recruited 62 Disability Qualified Members from the Employment Tribunal who have now been hearing cases for several months. The process was streamlined and the quality of applicants very high.

“We are presently engaged in a competition via the Judicial Appointments Commission to recruit up to 150 further disability qualified members by open competition, the results of which will be known by the summer. We recently concluded recruitment of 250 medical members who are undergoing training and initial observations and will commence sitting soon.

“A number of salaried Judges were recruited in open competition, 17 have already been appointed and it is hoped that another 10 will soon join them significantly strengthening our salaried team. A streamlined internal assignment process has commenced to recruit fee paid Judges in tandem with an open competition, and it is hoped that around 200 fee paid Judges will be recruited in this way.

Aitken revealed the massive scale of the recruitment process in his report:

“In total within 12 months around 700 new judicial office holders will sit in the jurisdiction. They are required because of rapid rise in appeal numbers has outstripped our ability to list cases as quickly as we would have liked.”

For claimants, what this means is longer waiting times whilst the new members are recruited, trained and begin work. It may also mean more appeals having to go to the upper tribunal as new panels make errors that more experienced ones would not have made.

You can download a full copy of the report from this page

The DWP And Sainsbury’s Are Spying On Disabled People

May 30, 2018

Lost Voice Guy Makes Britain’s Got Talent Final

May 29, 2018

Here’s his semi final performance. Same Difference would love to see him win the show!

Twins With Same Condition Judged Differently For PIP

May 29, 2018

On Holiday Again

May 19, 2018

Same Difference will be offline next week as our editor will be on holiday again. We will return on Tuesday, May 29th with our usual mix of benefits news, progress, fun and lifestyle stories.

In the meantime, enjoy the Royal Wedding!

Best wishes

Samedifference1

Cancer Means I Can’t Smile

May 18, 2018

My cancer, an aggressive tumour on the salivary glands, was diagnosed in early 2015. I’d first noticed the lump the previous summer, but tests proved inconclusive. It took a deep-tissue biopsy in January to confirm that it was cancerous. Because of where it was – and because it had been there for about 18 months – there was a good chance the cancer would be embedded in the nerves. The surgeon said he might need to cut those to remove the lump, in effect paralysing that side of my face. He wouldn’t know until I was under the knife.

I didn’t really understand the impact of this. From the outset, I wasn’t interested in my prognosis, because it didn’t help me cope with my illness; trying to imagine life without facial movement was pointless. When I woke up, after a five-hour operation, I was told they’d had to sever those nerves to root out the entire tumour. I couldn’t move the right side of my face or make any facial gestures, and could open my mouth just wide enough to eat a piece of toast.

It’s only when you can’t smile that you realise how central it is to nonverbal communication. Soon after coming out of hospital, I passed someone in the chemist and did that whole “after you” pantomime, giving her a little smile. Except it wasn’t a real smile – it was a sort of one-sided grimace. She gave me a confused and slightly mistrusting look.

I asked my consultant how I could get my smile back. I’m a project manager for an IT company, and I perform in a band, so nonverbal communication is really important for me. Plus I have a 10-year-old daughter, Mia. “How are you going to get a girlfriend if you can’t smile?” was her burning question. I was told it wasn’t an option yet; the remaining nerves were being blasted by radiotherapy and there was a lot of scar tissue. I had my treatment and saw a speech therapist about facial physiotherapy. She referred me to another hospital, which specialises in facial palsies such as mine.

My kind of facial paralysis isn’t temporary, like Bell’s palsy – this situation was for ever, unless I went for it. So, in November 2016, I had a 14-hour operation. It was a complicated procedure, but I was determined to come out smiling. The surgeons took a nerve from my thigh and attached it to the cut nerves in my face, connecting them to my jugular vein. They put a deep layer of fat on top of the affected area, which kept the nerves warm and helped the blood supply from the jugular. After the operation, I kept haemorrhaging. They used leeches to control the bleeding. I lay in bed, covered in leeches, watching Trump win the election and thinking life was pretty bad. The next morning they operated again to stop the bleeding.

I knew the lump would look ghastly, then settle down, but I cried as hard as I’d ever cried after seeing myself in the mirror. It looked like a massive tumour. I’d told Mia I was going to hospital to restore my smile, and that it wouldn’t come back straight away. But this was awful. When I got home, she sat on my right, but asked to swap because she couldn’t cope with how I looked.

A year and a half on, I still can’t smile. My doctors originally said it could take up to two years to see movement. Now they say it might take up to three. Of course I miss smiling with Mia, but there’s a level of communication with someone intimate that is intuitive – we hug and laugh a lot, and she knows when I’m smiling inside. She’ll sometimes say she wished this had never happened, but our relationship is probably stronger than ever. She’s shown empathy and intelligence, and understands that there’s no such thing as normal or weird – just different.

Now I choose my words carefully, talk more slowly and use more eye contact. It’s interesting to see how other people cope when they meet me. I think there’s a fear – of looking at me and not offending me. Everything I say is delivered with the same face, so you have to really listen to the words to work out what I’m saying.

While I’m waiting to see if the nerves start working again, I’d like an operation to help my face look more symmetrical. But I’m pragmatic; I’m alive, back at work, recording and performing my music, and raising awareness of facial cancers for Cancer Research UK. And, to Mia’s delight, I’ve got a girlfriend. She didn’t know me before all this happened. It’s good to know she wants me as I am.

Xbox Launches Disability Friendly Xbox Controller

May 17, 2018

Microsoft is launching a new Xbox controller, developed to meet the needs of people with disabilities.

Set for release later this year, the Xbox adaptive controller is a customisable device intended to support a wide range of needs and disabilities, making video games more accessible. It will retail for $99 (£73.50) and will be sold worldwide via Microsoft digital stores.

“We think the traditional Xbox controller is an industry-leading design, but it’s not accessible to gamers with limited mobility,” said Gabi Michel, the senior Xbox hardware programme manager. “They usually require custom solutions which can cost thousands of dollars and a lot of technical expertise to set up; you often have to go to a non-profit organisation to get them made and there are waiting lists. We wanted to solve all those problems; we created the Xbox adaptive controller to be accessible and affordable.”

The controller features two large buttons on the face, which can be operated with hands, elbows or feet. It is designed to be placed on the player’s lap, on a table, or on the floor, allowing for a number of control options.

The main feature is the row of 3.5mm ports along the rear of the pad, representing each of the inputs and buttons on the standard controller. Using these 19 ports, players can plug in a range of add-on devices such as bite switches, foot pedals, touch-sensitive pads and other accessibility products that are either already available or have been developed specifically for the controller by third-party manufacturers. These will also be on sale via Microsoft stores. In this way, control setups can be highly personalised: players use a dedicated app to create controller configurations, and can quickly switch between three preconfigured profiles using a button on the face of the controller.

The device is wireless and powered by an internal battery, charged via USB-C connection. However, it also comes with its own optional power supply so that devices that draw a lot of power – such as mouth-operated quadsticks, controllers designed for quadriplegic players that use a “sip and puff” tube for inputs – can be supported more easily. There is a headphone socket and, on the base, a set of mounting ports, allowing players to fix the controller to a tripod.

During a demo event at Microsoft’s campus in Redmond, Washington, learning specialist Solomon Romney showed how he could control the racing simulation Forza Motorsport with one hand, utilising a specially designed joystick add-on developed by peripherals firm PDP, resembling a Nintendo Wii nunchuck. Plugging the nunchuck, which will retail at $20, into the Xbox adaptive controller’s left USB port, he used the analogue stick and two buttons to steer, brake and accelerate.

According to Microsoft, the adaptive controller, which is also compatible with Windows 10 PCs, is completely plug and play – users are able to repeatedly swap out add-on components while playing.

“As I’m going through various games, I’m trying different configurations, testing how it feels without ever having to quit out and start again,” said Romney. “It makes it much easier to iterate and find the ideal setup very quickly. I can now play whatever game I want, however I want to play it.”

The device originated with a small group of staff from the company’s accessibility team, who developed an early prototype for a Microsoft hackathon event in 2015. They worked closely with Warfighter Engaged, a charity seeking to rehabilitate injured military veterans, to design a customisable controller that met a range of needs but still had the build quality and look of a traditional controller.

The following year, the team was back at the hackathon, this time with the support of Leo Del Castillo, Microsoft’s general manager of Xbox hardware, who committed a group of electrical and mechanical engineers to the project to help improve the design. A year – and several prototypes – later it was officially greenlit.

“The traditional Xbox controller makes a lot of assumptions,” said Bryce Johnson, Microsoft’s senior inclusive designer, who was part of the original development team. “It assumes I have two hands to hold it, two thumbs to hit the analogue sticks, and the fine motor control to get at all the buttons. It also assumes I have the endurance to hold it for a long gaming session. That’s a barrier. Throughout the design process of this device, we spoke to charities like the Cerebral Palsy Foundation, AbleGamers and SpecialEffect and to countless gamers with disabilities. We’ve designed a device that we think will empower them.”

The design team has also worked with occupational therapists including Erin Muston-Firsch, an assistive technology specialist at Craig hospital, Denver, which treats people who’ve had spinal chord or traumatic brain injuries. Muston-Firsch and her patients tested and fed back on prototypes as they were developed. “I have a patient named Reece. She has 15 brothers and sisters, and she used to teach her younger siblings how to play – it was the way they related to each other,” said Muston-Firsch.

“Then she had a spinal injury, a major trauma, and she couldn’t do that anymore. She came to me for rehab and I sat her up with the Xbox adaptive controller and within five minutes she was playing Call of Duty, co-piloting with her brother – he was controlling the right analogue stick but she was doing everything else. It was awesome. Her mother was crying because it was such a powerful moment.”

The prices of add-ons for the adaptive controller range from $65 for an AbleNet Big Red Switch to $399 for a QuadStick. It’s likely some users will require several to build a workable control setup. However, the device also supports the Xbox One co-pilot feature, which allows two controllers to be used as one input. Consequently, many players will be able to create a useable setup with just the adaptive controller and a traditional pad.

Evelyn Thomas, Microsoft’s accessibility programme manager for Xbox, said the new controller is a major hardware launch, and the company will support it with further updates in the future. “There are millions of gamers out there with a wide variety of disabilities. That’s why we feel this device is so important,” said Thomas. “This is not a niche product.”

Deaf Rave: The Fight For Access To Music

May 17, 2018

Growing up among the reggae soundsystems and pirate radio stations of 1980s Hackney, Troi Lee was surrounded by music, “speakers on the street corners blaring”. After getting a Walkman for his 14th birthday, he would wander through his neighbourhood playing songs by Public Enemy on repeat: “It was pure joy,” he says. This passion led Lee to follow in the footsteps of his cousin John and become a DJ. It’s a common enough path – except that Lee was born severely deaf.

With his hearing aids on the telecoil setting, he could hear certain frequencies of his Walkman – the bass vibrations from the percussion and glimpses of lyrics – through a magnetic wireless signal. When DJing, Lee, now 44, uses digital software to visualise the instrumental elements that he mixes together. “We need to reverse the myth that deaf people can’t enjoy music,” Lee says. “I don’t let my deafness affect me. I want to show the world that deaf people can play music just as well as our hearing peers.”

The idea that deafness impedes the appreciation of music is gradually being debunked. In 2013, sign language interpreter Amber Galloway Gallego went viral in the US for her animated performance for rapper Kendrick Lamar at the Lollapalooza festival. Rather than merely signing the words, she embodies musical textures with her face and movements, showcasing a unique technique that she describes as “showing the density of sounds visually”. To represent bass, she places her arms in front of the lower part of her body and inflates her face, replicating the sign for “fat”, while higher frequencies are placed at head height and above. After her performance, US talk show host Jimmy Kimmel took notice, inviting her and fellow interpreters Holly Maniatty and JoAnn Benfield on his show for a “sign language rap battle” in 2014.

Despite some progress, a report by accessibility charity Attitude Is Everything recently stated that in the UK over 80% of deaf and disabled music fans have experienced problems when booking tickets to live music events. The UK’s live music census in February also found that only 30% of surveyed venues have dedicated disabled-access areas and only 7% of surveyed promoters have a policy to provide PA (personal assistant for deaf and disabled customers) tickets as standard. Yet it’s estimated that more than 3.3m deaf and disabled fans attend live music events every year, with a 70% rise in disabled-access ticket sales reported in 2016.

With one in six people suffering from hearing loss in the UK and around one in 1,000 children born profoundly deaf, the lack of accessibility to live music for deaf people is a significant challenge, and deaf fans believe too little is being done to serve their needs. “I don’t go to live shows very often as they’re not that accessible,” says writer Rebecca Withey, who is profoundly deaf. “There is absolutely not enough provision for us, and ironically when some venues do host accessible shows, they don’t promote them well enough for us to find out about them.”

For some fans, difficulties around access can put an end to nights out altogether. “Being ignored by the music industry has made me disengage from live music,” says deaf journalist and film-maker Charlie Swinbourne. Fans say specialist provisions are crucial: interpreting should be as readily available in the UK as it appears to be in the US, says student Liam O’Dell, while Lee believes that “all promoters should allocate a certain number of tickets for deaf and disabled people”.

Small steps are being made towards inclusivity: festivals such as Glastonbury and Festival Republic events Reading, Leeds and Latitude all provide BSL interpreting on request. Still, the provision can face obstacles. “When access is permitted it is often done so reluctantly – it is not widely advertised, left unregulated and is often of an inadequate standard,” says Marie Pascall, director of Performance Interpreting, which provides the service for Festival Republic. She describes one instance where “an act refused to have the interpreter on stage, and then refused for the interpreter to sign any of their performance”.

Troi Lee has taken matters into his own hands. In 2003 he founded Deaf Rave, a quarterly event in London designed specifically for deaf clubbers. The inspiration came from his experiences at illegal warehouse parties in the early 1990s, where the speakers amplified the vibrations he had once enjoyed through his Walkman. “It’s something I can’t quite describe,” he says, “the lasers blazing up the place and the biggest soundsystems I have ever seen or felt, shaking the entire warehouse.” From that moment in 1991, he set out to convince the deaf community that clubbing was as much a part of their culture as the hearing world’s. Through heightened bass levels and the use of new technology such as SubPac – a wearable speaker that intensifies vibrations – Lee can make his events immersive.

The organisation celebrates its 15th anniversary this year, but Lee says there is still much to be done. Deaf people are twice as likely to suffer from depression as hearing people. Withey says: “There’s still a huge stigma attached to being a deaf music fan.” Says Lee: “We are one of the most marginalised groups in society, owing to our isolation, unemployment, lack of BSL in mainstream schools and the daily frustrations of communication barriers. We organised Deaf Rave because we have empathy for our community.”

DWP ‘Find a job’ is mandatory for claimants? However, “DWP staff will not have access to view jobseeker accounts, CVs or activity/application history”

May 16, 2018

mrfrankzola's avatarFrank Zola

DWP has released internal documents on it’s new Find a job (FaJ) website, that replaced Universal Jobmatch.

Jobcentre Work ‘Coaches’, just like with Jobmatch, can mandate a Universal Credit (UC) claimant via their Claimant Commitment to create a FaJ account and upload their CV, or face benefit sanctions. Jobseeker Allowance (JSA) claimants, can also be mandated, through use of a Jobseeker Direction.

However, the UC and JSA guidance both discuss mandating claimants to create accounts in “other” and “more appropriate” jobsites. It is unclear whether this just means claimants will be mandated not only to FaJ but other sites, or that a claimant would be able to avoid being mandated to FaJ by registering with and uploading their CV to “other” and “more appropriate” jobsites?

“Find a job or other jobsites
1. As part of making use of the resources available to them to look for work, we can
reasonably…

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ATOS Assessors Get £50 Bonuses For Extra Assessments

May 16, 2018

https://twitter.com/danbloom1/status/996094791124488192

Twenty Per Cent Of UC Claims Fail Due To ‘Non-Compliance’

May 15, 2018

With many thanks to Benefits And Work.

 

20% of universal claimant (UC) claimants never receive a payment because they have failed to follow the complex rules, the Guardian has revealed. One MP with specialist knowledge of the system said that he had failed to make a claim for UC himself, because of the complexity of the system.

According to figures released by the DWP under the Freedom of Information Act large numbers of claimants are missing out because they didn’t follow the correct process for claiming.

Around 10% failed to book an interview within one week of making their claim. To do so, claimants need first to be aware of the strict time limit for booking an interview and then be able to get through to a helpline to arrange an appointment.

Another 6% had their claim ended because they did not sign a claimant commitment, agreeing what they have to do in order to receive UC.

Another 4% of claims were closed because they did not attend an interview at a jobcentre.

Frank Field, who chairs the work and pensions committee told the Guardian that the complexity of the system was a “mega issue” and that “I have tried to enrol myself [for universal credit] and failed, I wonder if the ministerial team have tried.”

You can read the full story in the Guardian.

Amputee Climber Makes Everest History

May 15, 2018

A Chinese climber who was crippled by frostbite on Everest more than 40 years ago has scaled the summit at the start of this year’s climbing season.

In 1975, Xia Boyu lost his feet after giving his sleeping bag to a sick teammate during a high-altitude storm.

Now aged 69, he became the second double amputee to scale Everest – and the first ever from the Nepalese side.

Australian Steve Plain, meanwhile, set the record for the fastest climb of the highest mountains on seven continents.

Plain’s achievement also features a story of overcoming physical challenge, coming four years after he broke his neck in a surfing accident.

‘A challenge of fate’

The storm that caused Xia’s frostbite struck in the “death zone” above 8,000m (26,200ft) and stranded his team for three nights, not far from the summit.

As a result, he needed to have his feet amputated. Then, in 1996, his legs were amputated above the knee as he battled lymphoma.

Despite his injuries, he never abandoned the notion of reaching the summit.

“Climbing Mount Everest is my dream,” he told AFP news agency in April. “I have to realise it. It also represents a personal challenge, a challenge of fate.”

After the disastrous 1975 climb, he made three more attempts, in 2014, 2015 and 2016. The 2016 attempt brought him close to the summit before a blizzard set in.

However, a ban on climbers like Xia almost ended his attempts.

Nepalese authorities moved last year to ban double amputees – along with blind and solo climbers – from attempting to reach the summit.

The authorities said the new rules were a safety measure but they were struck down by the courts earlier this year as discriminatory.

On Monday, supported by a team of Sherpa guides, Xia reached the summit in what the Himalayan Times says is the first successful double amputee climb from the Nepal side.

It also makes him only the second double-amputee to ever reach the summit of the world’s highest mountain. Mark Inglis, of New Zealand, became the first when he reached the summit in 2006.

Inglis also lost his limbs to frostbite in a climbing accident, after spending two weeks in an ice cave sheltering from a mountain storm.

‘Hangman’s fracture’

Steve Plain also took advantage of the first day possible to reach the summit, setting his four-month speed record for the seven continents.

Both Plain and Xia’s teams had already begun their climb when Sherpa guides affixed ropes to the summit, opening the final leg of the route for the climbing season.

That meant that Plain could reach his seventh mountain peak on his seventh continent in just 117 days – shaving nine days off the previous record.

The seven summits Mr Plain scaled are, in order of completion:

  • Vinson, Antarctica (4,892m/16,066ft)
  • Aconcagua, South America, (6,962m/22,840ft)
  • Kilimanjaro, Africa (5895m/19,340ft)
  • Carstensz Pyramid, Australasia (4884m/16,020ft)
  • Elbrus, Europe (5642m/18,510 ft)
  • Denali, North America (6,190m/20,310ft)
  • Everest, Asia (8,848m/29,030ft)

Plain was surfing in Western Australia in the summer of 2014 when a wave dumped him, head first, into the sand. He suffered a broken neck or “hangman’s fracture” and said doctors had told him they were not sure if he would ever walk again.

“Three and a half years ago I was lying in hospital with a broken neck and at that time set myself the goal,” he wrote on Facebook after reaching the summit.

Plain has also been using his record attempt to raise money for charities the Surf Life Saving Association and SpinalCure Australia – two groups he has close associations with after his own injuries.

Delay Over Fund For Disabled Election Candidates

May 14, 2018

Labour has expressed alarm after the government missed its own deadline to decide whether to reinstate a grant intended to help people with disabilities stand for election as councillors and MPs or for other public office.

Ministers had said they would confirm by 11 May plans for the access to elected office (AEO) fund, which offered grants of between £250 and £40,000 to help cover the additional costs incurred by disabled people in England seeking election.

It was set up in 2012 under the coalition government in an attempt to increase diversity on elected bodies, but suspended by the Conservatives after the 2015 general election.

A cross-party group of MPs wrote to the government in January urging it to follow a recommendation by the Equality and Human Rights Commission (EHRC) and reinstate the AEO fund as a matter of urgency.

In a letter to the international development secretary, Penny Mordaunt, who took on the equalities brief in cabinet after the resignation of Amber Rudd as home secretary, Labour’s Cat Smith said that in last week’s local elections “many talented disabled people were denied the opportunity to stand for public office” due to the suspension of the fund.

“Disabled people make up less than 1% of MPs, despite 16% of the working-age adult population having a disability,” wrote Smith, the shadow minister for voter engagement. “It is our duty as parliamentarians to increase the representation of under-represented groups in parliament and at every level of politics.”

Noting the 11 May deadline, Smith added: “Although this is about fairness, this is also about what sort of politics we want to see. I hope you will restore this important fund as a matter of urgency.”

In September last year, in a submission to an inquiry by the UN special rapporteur on disabilities, the EHRC said: “The UK government should reopen the AEO fund in England and work with the Scottish and Welsh governments to explore options for making the scheme, or similar funds, available across Great Britain.”

After the 2017 general election, in which five MPs with disabilities were elected to the Commons, 91 MPs signed an early day motion calling on the government to reinstate the fund “without further delay”.

A spokeswoman for the Government Equalities Office gave no timetable for when the matter would be decided or what decision might be taken. She said: “The access to elected office fund evaluation report will be published in due course.”

The Big Bang Theory’s Stephen Hawking Tribute

May 11, 2018

We’re not sure if you’ve noticed, but there’s a pretty big wedding taking place this month.

(Not Harry and Meghan.)

Viewers of The Big Bang Theory finally saw Amy (Mayim Bialik) marry Sheldon (Jim Parsons) in Thursday night’s season finale.

But for timing reasons, producers had to cut a scene which paid tribute to Stephen Hawking, who died in March.

Producers revealed the scene featured Sheldon receiving a gift of a pocket watch from Hawking that was sent before his death.

The footage instead will instead be posted online later on Friday.

Showrunner Steve Holland told The Hollywood Reporter: “When we heard of Hawking’s passing, we wanted to do something to honour him but we had already shot the next three episodes.

“It’s hard for us to be super timely because we shoot ahead of our airdates so this seemed like a really nice opportunity.

“The wedding was a big episode and it seemed like a good chance to pay some tribute to him. Steve Molaro had this idea that Hawking could have sent a gift before he passed.

“He had had the idea for the gift and for the inscription and we contacted Professor Hawking’s family to get their blessing. They were very nice and excited for us to do it. I’m glad it will be somewhere.”

Hawking was famed for his work with black holes and relativity, and wrote several popular science books including A Brief History of Time.

The British scientist, who also made cameos in The Simpsons and Star Trek – had appeared in The Big Bang Theory before.

Thursday night’s episode marked the end of the show’s 11th season.

The finale also featured cameos from Laurie Metcalf, who plays Sheldon’s mother, and Mark Hamill, who appeared as himself.

The show is one of the most popular programmes in the US, where it has attracted more than 18 million viewers every year since its sixth season aired in 2012.

The Big Bang Theory has also spawned a spinoff called Young Sheldon.

Dame Barbara Windsor Has Alzheimer’s

May 10, 2018

The actress Dame Barbara Windsor has been diagnosed with Alzheimer’s, her husband has said.

Scott Mitchell, 55, confirmed to the BBC that his 80-year-old wife had been given the news in April 2014.

He said the EastEnders star had been taking medication to manage her condition but that symptoms had worsened in recent weeks.

The veteran of film and TV was made an MBE in 2000 and a dame in 2015 for services to drama.

In an interview with The Sun, Mr Mitchell said: “Since her 80th birthday last August, a definite continual confusion has set in, so it’s becoming a lot more difficult for us to hide.

“I’m doing this because I want us to be able to go out and, if something isn’t quite right, it will be OK because people will now know that she has Alzheimer’s and will accept it for what it is.”

“I hope speaking out will help other families dealing with loved ones who have this cruel disease. Secondly, I want the public to know because they are naturally very drawn to Barb­ara and she loves talking to them,” he added.

Mr Mitchell said his wife was aware that he was making her diagnosis public.

“She often asks me, ‘Do the public know that I’m not well?’ And she asked me again this morning,” he said.

“I said they didn’t yet, but we were going to have to let them know because so many people are talking now. But if she forgets that she gave me her blessing, well, I’ll just have to deal with that.”

Ross Kemp, who played Dame Barbara’s on-screen son Grant Mitchell in EastEnders, spoke of his love for the actress and her husband on Twitter.

Kemp said he hoped that talking about the condition openly “will make it easier for others” to do so.

Mr Mitchell said he noticed his wife found it difficult to learn her lines in 2009, just before she left EastEnders for the first time, but they didn’t think anything of it.

By early 2012, she had started repeating certain sentences and stories, he said.

Following a series of mental agility tests and a brain scan, he said, she was diagnosed.

He recalls that on hearing the news, his wife mouthed the words “I’m so sorry” to her husband.

“I squeezed her hand back and said, ‘Don’t worry, we’ll be OK'”, he told the newspaper.

‘Wonderful and brave’

Carey Mulligan, who is an ambassador for the Alzheimer’s Society and spoke about the disease at the UN last year, praised Dame Barbara’s family’s decision.

Speaking at the Cannes film festival, she told the BBC: “I think it’s really wonderful and brave for the family and Dame Barbara Windsor to come out publicly and speak about Alzheimer’s.

“It’s so important as a society that we become more aware of dementia and we become more accepting as a community.

“For so many years there’s been such a misunderstanding about what it is – that it’s not a natural part of ageing, that it is a disease of the brain.”

Mulligan became a spokesperson for the organisation because her late grandmother had Alzheimer’s for the last 16 years of her life.

She added that education was important “so society can become more dementia-friendly”, saying: “Whenever a public figure speaks out, it’s a great advantage for everyone.”

Dame Barbara appeared in nine Carry On films and played the pub landlord Peggy Mitchell in EastEnders.

The actress first appeared on stage at the age of 13 in a pantomime and was soon performing in the West End musical Love From Judy.

In 1964 she worked on her first Carry On film – Carry on Spying.

She was also in sitcoms including Dad’s Army and One Foot in the Grave.

In 2009 she was given a Lifetime Achievement Award at The British Soap Awards.

Tim Parry, director at Alzheimer’s Research UK, said: “We are saddened to hear of Dame Barbara’s diagnosis with Alzheimer’s. It’s to be congratulated that Scott is speaking out to encourage other affected individuals and families to do the same when it’s right for them.

“It’s important to bring the disease out into the open as a crucial step towards us tackling it. Alzheimer’s is a physical disease, in the same way that cancer or heart disease are, and there shouldn’t be stigma in being open about it.”

He described Dame Barbara as a “much-loved figure on our screens and in public life”, adding: “Our hearts go out to her and her family. We hope she is able to maintain and enjoy her quality of life for as long as possible.”

Alzheimer’s disease is the most common cause of dementia – a syndrome associated with an ongoing decline of brain functioning.

There are currently around 850,000 people in the UK with dementia.

Symptoms of Alzheimer’s disease include memory loss, confusion and problems with speech, but the disease can start years before patients display such symptoms.

None of the treatments currently available can stop the disease, however they can help to temporarily reduce the symptoms.

David Goodall’s Reasons For Going To Dignitas

May 10, 2018

The Australian scientist, 104, sets out his reasons for travelling to Switzerland to voluntarily end his life.

At a press conference in Basel, Mr Goodall added that he was “surprised at the wide interest” in his case.

Scandal Of Positive PIP Feedback

May 9, 2018

With many thanks to Benefits And Work.

The DWP has been claiming extremely high levels of claimant satisfaction for PIP assessments, based on fewer than 1% of claimants being asked a single question in surveys carried out by Atos (IAS) and Capita themselves, Benefits and Work can reveal. The surveys are not anonymous and take place before claimants know what the assessor has written about them.

FoI request
Benefits and Work first became concerned about claimed satisfaction rates when the commons Work and Pensions Committee was investigating PIP and ESA medical assessments. The committee found that: ‘The PIP and ESA assessment processes function satisfactorily for the majority of claimants’.

This conclusion was based on figures provided by the DWP that “all three contracted providers consistently exceed their customer satisfaction targets of 90% for PIP and 91% for ESA.”

Such high levels of satisfaction are hugely at odds with our own members experiences.

In order to try to find out more about the feedback process, Benefits and Work asked a range of questions using the Freedom of Information Act. The questions were, unsurprisingly, only partially answered by the DWP.

However, we learnt a lot from the answers we did receive.

No anonymity
4,305 feedback surveys were carried out for ESA in the year 2017/18. This means that fewer than half of one percent of ESA claimants are asked to give feedback.

For PIP the figure was 11,012 feedback surveys carried out in 2017/18. This is around 1% of PIP claimants.

Neither the PIP or ESA survey is anonymous.

Both rely primarily on a telephone survey which involves claimants being called and asked questions by a representative of the company which carried out the assessment.

The DWP says that in cases where no telephone number is available a postal survey is sent. Again this is unlikely to be anonymous.

Only for ESA is an online version available.

The DWP failed to answer our question about when the surveys take place – before or after the decision. But the anecdotal evidence strongly suggests that most are carried out whilst the claimant is still waiting for a decision. This means that the claimant will have obvious concerns about upsetting the company which holds their fate in its hands.

It also means that the claimant has no way of knowing how accurately, and in what detail, the assessor took down evidence. Or whether the assessor took into account any additional evidence the claimant may have brought along.

Only one question
For ESA there are a set of five questions, four for claimants who had a home visit.

“How would you rate the way in which your appointment was arranged?

Overall, how did you feel you were dealt with by the receptionist at the assessment centre? (this question is not asked of claimants who had a domiciliary visit)

How would you rate the health care professional for courtesy/politeness?

How would you rate the health care professional for professionalism?

How would you rate the health care professional for gentleness of the assessment?”

According to the DWP:

“The overall satisfaction score is based on the 5 questions above, or 4 questions for domiciliary visits. It is calculated by taking all positive answers to these questions (very good and quite good) as a percentage of all those answering.”

For PIP assessments, on the other hand, there is one single question asked:

“How satisfied were you with your overall experience with Capita / Independent Assessment Service’.”

The DWP say that:

“The overall satisfaction score is based on this question. It is calculated by taking all positive answers to these questions (satisfied and very satisfied) as a percentage of all those answering.”

Objections
There is so much wrong with this method of getting feedback that it is hard to know where to start detailing it.

But, these are some of the objections we have.

The feedback is collected by the company that undertook the assessment and is not anonymous. , This means that the claimant is likely to be very wary of criticising the health professional, for fear that it may result in a more negative assessment.

The assessment companies have targets to meet for positive feedback. This gives them a strong incentive to try to ensure that they only collect feedback that they believe is likely to be positive.

The feedback questions do not deal with the accuracy of the report or whether any additional evidence provided was taken into account. Yet it is failings in these areas that cause a great deal of dissatisfaction amongst claimants.

The sample sizes are very small and there is now way of knowing if they are representative. For example, what proportion of those sampled have physical health conditions and what proportion mental health conditions? It may be that people with some conditions have a much better or worse experience than others. We also don’t know how many were home visits and how many took place at assessment centres.

Entirely worthless
The DWP use the very high customer satisfaction rates as a shield against criticism. So far the Work and Pensions committee and many other agencies have accepted these figures at face value.

It is time that those with a responsibility for holding the DWP to account looked more closely at the quality of the feedback the DWP relies upon.

Until anonymous feedback is collected by an independent agency after the claimant has had their decision, these customer satisfaction figures should be given the value they deserve: they are entirely worthless.

DWP Deliberately Inflicting Hardship On ESA Appeals Claimants

May 9, 2018

With many thanks to Benefits And Work.

The DWP are deliberately inflicting hardship on claimants who appeal against ESA decisions by misleading GPs into refusing to issue sick notes. The shock finding was published last week by the legal advice charity Zacchaeus 2000 Trust (Z2K).

ESA claimants who challenge a decision that they are capable of work cannot claim ESA whilst they are waiting for a mandatory reconsideration decision. They may be able to claim JSA, but many claimants are reluctant to do so for fear that they may be unable to meet any jobseeking requirements and then be subject to a sanction.

However, if the mandatory reconsideration is unsuccessful, as the overwhelming majority are, claimants can then lodge an appeal and reclaim ESA whilst waiting for their appeal to be heard.

But in order to reclaim ESA, they have to produce a fit note from their GP.

Until recently the information given to GPs in form ESA65B, issued when a claimant is found fit for work, made it clear that no further fit notes should be issued to that patient except in certain circumstances. It explained that the patient had been found fit for work and :

“This means you do not have to give your patient any more medical statements for Employment and Support Allowance purposes. But you may have to give your patient new medical statements if

they decide to appeal against our decision

their condition gets significantly worse

they have a new medical condition.”

However, the new letter being sent to GPs states:

“As a result of this decision, [Title] [Surname] is not entitled to ESA from and you do not need to provide any more fit notes to [select] relating to [select] disability/health condition for ESA purposes.”

No mention of any circumstances in which fit notes should be issued is made at all.

Z2K first became aware of the issue because of difficulties experienced by their client Louis, who had lodged an appeal against an ESAS decision. Louis’ GP refused absolutely to start issuing fit notes again because, he said, had received a letter from the DWP instructing him not to do so, no matter how mill his patient was.

According to Z2K:

“The decision to omit mention of ESA pending appeal in the current ESA65B is irresponsible to the point of spreading misinformation to GPs. Louis had to register at a different practice, in order to find a GP willing to write him a fit note, despite there being no question that it was medically appropriate to do so. Louis did not have enough money to buy food while this was being resolved.”

The DWP have offered no explanation whatsoever for the change in the wording of the letter, except that it was altered as a result of a ‘ministerial requirement’.

That it is a ministerial requirement that claimants be caused as much suffering as possible, regardless of the law, will probably come as no surprise to our readers.

You can read the full story from Z2K here.

How Universal Credit Rules Force Women Into Abortions

May 8, 2018

Benefits ‘Spy Squad’ Order MS Man To Repay £20,000

May 2, 2018

A YOUNG man with multiple sclerosis has told of his shock after being accused of lying about his condition and ordered to hand back almost £20,000 of benefits.

Michael Forsyth was diagnosed with the debilitating condition just a week before his 21st birthday and started claiming the Personal Independence Payments, which replaced the Disability Living Allowance.

But he has now been ordered to pay the money back after he was covertly followed by a surveillance team from the Fraud and Error Service.

His mobility car was also taken away last week and Michael, 26, says he now suffers regular panic attacks and is paranoid about going outdoors for fear of being spied on.

Medication for his anxiety and depression has been doubled as a result and the stress has worsened the symptoms of his MS.

Michael, who lives in Lanark, said: “When the surveillance team came to my house and showed me the DVD footage they had taken of me I felt violated. They made me feel as if I had never had an illness.”

He says when he was evaluated for PIP in March 2015 his MS was particularly bad and he was in a wheelchair during the assessment.

But last June the surveillance team recorded Michael regularly walking his dog without any type of aid, exercising and cleaning his car. They also looked through his Facebook history and saw pictures of him at T in the Park, on the pitch at a charity football match and building a cabinet.

But Michael says he was with the MS Society, which he had joined to help raise awareness, at the music festival and at the football match, when, he says, he only kicked the ball a few times.

He said: “And yes, I did clean my car but what they didn’t see was me having to go to bed for hours afterwards because I was exhausted.

“The nature of the illness means I can’t say what I’ll be able to do from day to day.”

He has been to his GP surgery 38 times in the last year for a variety of complaints related to his MS such as fainting, depression, tonsillitis, migraines, insomnia and falls.

Because his PIP has been stopped, Michael’s Employment and Support Allowance has also been affected and he has also been ordered to pay back £1,436.35, which will be taken from his weekly payment of £125.55 for the next four years.

Although he has yet to be told how he is expected to pay back the £17,881.82 PIP sum, he expects it will also be taken from his weekly ESA.

The Department for Work and Pensions have shared their findings from the surveillance operation, including the revised scores for the 12 activities used to determine whether someone should get PIP and how much.

Activities include eating and drinking, washing, going to the toilet, communicating and getting around.

Michael’s revised scores, based on the evidence gathered, were zero for all 12 activities. He has now appealed the decision.

As part of his appeal he received a letter from his neurologist at Queen Elizabeth University Hospital in Glasgow, who confirmed that following the diagnosis of MS, Michael developed “further significant symptoms with worsening leg weakness, arm weakness, dysarthria (speech problems) and double vision.”

He added: “Michael has been left with significant on-going symptoms.”

But the response from the DWP insisted this was just an “opinion” and didn’t give the full picture.

The letter stated: “Sometimes a medical professional can only give their best guess about what a person is able to do based on what the patient has told them and based on their knowledge and experience … any opinion about walking ability, or ability to manage self care, expressed by a medical professional is trumped by actual observations.”

They added that Michael’s initial assessment was a “clear and blatant exaggeration” adding that he had “deliberately misrepresented his needs.”

According to the DWP, nearly 3.1 million PIP decisions have been made, and of these 9% have been appealed and 4% have been overturned.

 

Opinion: Niall Sommerville MS Society Scotland

“Once again, we have a case highlighting how the current welfare system doesn’t work for people living with MS.

“The fluctuating nature of MS means current benefits assessments aren’t suitable.

“MS is a lifelong condition with a range of hidden and unpredictable symptoms – something the current benefit system seems incapable of understanding.

“Since the introduction of PIP, one in three people with MS on the highest disability benefit have seen their award reduced after reassessment.

“The UK Government urgently needs to fix this broken system.

“Having MS is hard enough.

“It should not be made harder by a welfare system that doesn’t make sense.”

 

Critics: PIP isn’t working

PIP benefits have been dogged by controversy for five years.

A survey by the Disability Benefits Consortium found 79% of respondents said assessments had made their health worse, due to stress.

Although parts of the benefits system is being devolved, it is thought it may be 2021 before the Scottish Government is in full control.

Scotland has one of the highest rates of MS in the world, with more than 11,000 people living with it in the country.

MS stays with you for life, but treatments can help manage the condition and its symptoms.

MS affects almost three times as many women as men.

To receive support or for information on benefits and MS, contact the free MS helpline on 0808 800 8000 or visit the website at mssociety.org.uk

Woman With Asperger’s Removed From BFI For Laughing

May 1, 2018

A woman who has Asperger’s syndrome was “forcibly removed” from a screening of her favourite film by cinema security staff for “laughing too much”.

Tamsin Parker, 25, had been watching western The Good, The Bad and The Ugly at the British Film Institute (BFI) on London’s Southbank on Sunday.

Many cinema-goers walked out in protest at the “disgusting” way she was treated by some audience members and staff.

The BFI has apologised and said it “must do better”.

Lydia Parker, Tamsin’s mother, said her daughter – who was celebrating her 25th birthday – was in “floods of tears” when she picked her up from the security office.

She said she was “shocked and disgusted” about the way Tamsin was “humiliated”.

“There’s clearly a huge lack of awareness about people with autism,” Mrs Parker added.

She said her daughter, who is an animator, had been “so excited” about the screening.

The 1966 film means a lot because, as Ms Parker explained in a video she produced, she identifies with one of the characters.

Lloyd Shepherd, 51, who was at the screening with his son, said Ms Parker laughed very loudly at the “amusing bits” of the film but that it was never “inappropriate”.

The novelist said some audience members began getting “uptight” about the noise and spoke to staff.

He said one man then shouted abuse at Ms Parker, who was with two friends.

Mr Shepherd said security staff “dragged” Ms Parker out, as she told the audience: “I’m sorry, I’ve got Asperger’s.”

Asperger’s is a form of autism and people with the syndrome can find social relationships and communication difficult.

Ms Parker, from Cricklewood, north-west London, was “incredibly upset”, Mr Shepherd said.

He added: “People were applauding the guy who abused her, and they applauded when security took her out.

“Those people need to take a long hard look at themselves in the mirror.”

The BFI said it was “sincerely sorry” and would look into training staff to be more sensitive.

In a statement, it added: “In what was a challenging and complex situation, we got it wrong.

“We can and must do better in accommodating all the needs of our customers.”

Mrs Parker said security staff were “sympathetic” once they realised her daughter had Asperger’s.

But she said her daughter “shouldn’t have to check in” with staff in order to avoid such a “horrible experience”.

Jane Harris, from the National Autistic Society, said she was “shocked”, adding: “With over 700,000 autistic people in the UK, it’s vital that they are able to enjoy going to the cinema just like everyone else.”

Hollyoaks’ Talia Grant Will Be Soap’s First Autistic Actress As Brooke Hathaway

April 30, 2018

More good news we heard while we were offline that we thought was worth sharing:

New character Brooke will arrive on screen this summer, when she’s fostered by the Osborne family. Brooke is autistic and Talia, who identifies as having high-functioning autism, is the first female actress who is autistic to land a mainstream role on British television.

Talia commented: “I am so excited to be joining Hollyoaks. I have met some of the cast and being on set was fun and everyone was super-nice and made me feel welcome.

“For a long while there has been no representation on screen of autistic women, especially autistic women of colour, so I am really looking forward to developing the character of Brooke and representing something that perhaps people are unaware of.”

Lee Ridley- Quickfire Questions For BGT

April 30, 2018

Lee Ridley’s First BGT Audition

April 30, 2018

While Same Difference was offline for most of April, we found out that a comedian our editor loves, Lee Ridley, is participating in the current series of Britain’s Got Talent.

We thought we would share his first audition, just to give you a laugh this Monday morning.

We wish him well for the competition.

On Holiday

April 12, 2018

Same Difference will now be offline for the rest of April as our editor takes a holiday.

The site will return with light posting in early May. Full service will resume in June.

Best wishes

Samedifference1

Claimants Losing Benefits Because Assessors Say There Was Nobody Home

April 11, 2018

After this story was revealed, Benefits And Work members reported some worrying similar experiences:

One poster told us that they had waited in for an assessment with a friend present, but no-one turned up. Our member informed Capita by phone after 15 minutes and was told that the assessor’s phone was switched off.

But Capita subsequently claimed that the assessor had arrived on time, knocked repeatedly and waited 15 minutes before leaving. The assessor also claimed to have phoned the claimants landline twice but had been unable to leave a message, though our member says they have an answerphone. The assessor was able to say what colour the window sills and the front door were.

However, our member was able to obtain CCTV footage from a neighbour which they say shows that no-one knocked on their door at the stated time.

After three months the DWP sent our member’s file back to Capita and an assessment took place at a Capita centre instead.

Another member had a similar experience of an assessor not appearing, but was told by Capita that the assessor had turned up and was able to describe the car on their drive and the colour of their front door.

This member has CCTV footage of the outside their house which they say showed someone driving into their cul-de-sac at the time of the assessment and then reversing straight out again.

These may be isolated incidents based on genuine misunderstandings and mix-ups about times or addresses. Or they may be evidence of something more disturbing: assessors under time pressure doing a drive-by of a claimant’s home and then claiming to have called.

At this point we have no way of knowing, but we would be interested to hear of other readers’ experiences.

DWP Advise Failed PIP Claimants To Try Again, But Admit They Will Still Unlawfully Turn Them Down

April 10, 2018

With many thanks to Benefits And Work.

The DWP is advising claimants who were refused PIP before 28 November 2016 to consider claiming again if they experience overwhelming psychological distress in relation to planning and following journeys. However, in the same document the DWP also admit that they will still unlawfully refuse an award to those who claim again, though they may put right the mistake at a later date.

MH decision

Back in January of this year, we revealed that the DWP had abandoned their attempts to discriminate against claimants with mental health conditions and instead undertaken to abide by the judgement made in a case known as MH.

In MH, the court ruled that changes to the law made by the DWP in March 2017 were unlawful. The changes had been designed to make it it much harder for claimants who have difficulty going out because of overwhelming psychological distress to claim the PIP mobility component.

However, although the DWP withdrew their appeal, they are still not applying the MH judgement at all.

The result is that claimants who are currently making a claim for PIP and who believe that they should get an award, or higher award, of the mobility component because of psychological distress will either have to appeal or wait for the DWP to do their review of 1.6 million claims and hope they are spotted.

The DWP have now issued a set of FAQs dealing with the MH judgement in which they admit that they are still acting unlawfully.

In it, they advise:

“Anyone who was disallowed PIP before 28th November 2016 and has overwhelming psychological distress that they think affects their ability to plan and follow a journey should consider making a new claim.”

However, the DWP say in the same document that they still haven’t written new guidance that takes into account the decision in MH and so they will still be unlawfully refusing PIP mobility to many claimants who suffer from overwhelming psychological distress.

The DWP say that:

“The Government is working to quickly implement the MH Upper Tribunal judgment for new claims. However, if a decision is made on your claim before this new guidance is established and you are affected by the change then your claim will subsequently be identified by the Department and payments will be backdated.”

In fact, far from working quickly, the DWP do not expect the new guidance to be completed until ‘early’ summer and they will not make any awards using the new guidance until summer of this year.

The DWP’s excuse for taking such an extraordinarily long time to rewrite a few pages of guidance is that:

“We are currently engaging with a range of stakeholders on the required changes, to ensure this process is dealt with as efficiently and sensitively as possible.

“Whilst this work is being taken forward at pace, it is important that all procedures are followed and necessary steps are taken so the changes can be implemented safely and effectively.”

What this means in reality is that the DWP will continue making decisions that they know and freely admit are wrong, with the intention of looking at all the decisions again and putting them right at a later date.

Perhaps the most important FAQ from our members’ point of view is:

Do previous claimants or current PIP award holders need to do anything? Or should they simply wait for a letter?

“We will write to everyone we identify who is affected by the change. Claimants do not need to contact DWP at this stage.

“If you were disallowed PIP before the 28th November 2016 you should consider making a new claim.”

Whether you trust the DWP to correctly identify everyone who should receive a higher award is another matter.

We will let readers know as soon as the new guidance is published.

You can download the complete set of FAQs from this link.

Many thanks to Daphne for posting them on the Rightsnet forum

ICE Taking Almost 18 Months To Even Begin Investigating Complaints Against DWP

April 10, 2018

With many thanks to Benefits And Work.

Complaints made to the Independent Case Examiner (ICE) about the DWP will not be looked into for almost 18 months, a Benefits and Work member has discovered.

Our member’s complaint against the DWP dates back to the summer of 2016.

Having exhausted the DWP’s complaints procedure our member then lodged a complaint with ICE in January 2018.

However, he was informed in a letter from ICE last month that they are currently only just beginning work on complaints lodged with them in November 2016.

This means that it is likely to be almost a year and a half before our member’s complaint begins to be investigated by ICE. And it could be well over four years since the original complaint to the DWP before a ruling by ICE is made.

The extraordinarily long wait sits uneasily with the latest statistics from ICE, released in January 2018. These claim that in the last quarter of 2018, 72% of complaints were resolved within 8 weeks of accepting them for examination.

However, figures given by Penny Mordaunt last October suggest a massive rise in complaints to the DWP about PIP assessments. They rose from 142 in the year from April 2015 up to 1,391 in the year from April 2016.

A proportion of these complaints may now be working their way through the ICE complaints system, causing an increasing backlog.

We’d be very interested to hear about other members experience of making complaints against the DWP. Please post your comments below.

Ticketing Barriers For Deaf And Disabled Music Fans Highlighted

April 10, 2018

More than 80% of deaf and disabled music fans have experienced problems when booking tickets to live music events, with one in 10 considering legal action over the difficulty of accessing concerts and festivals.

The fourth annual report by Attitude Is Everything, a charity dedicated to improving deaf and disabled people’s access to live music, included the results of their access booking survey, which received 349 responses. Almost 80% of respondents said they had been put off buying tickets due to non-accessible booking systems, with more than 70% saying they felt discriminated against. Thirty-seven per cent said they felt that access to booking had improved over the past four years.

In response to the findings, AIE has formed the Ticketing Without Barriers coalition, comprising more than 130 venues and festivals, over 30 trade bodies, leading ticketing agencies including Ticketmaster and See Tickets, and event promoters such as Live Nation, Festival Republic and AEG Events.

The organisation has identified five key areas where action is required to improve the experience of disabled customers. In order to acquire a complimentary carer’s ticket, disabled patrons are required to produce “proof of disability”, for which there is currently no single system. AIE recommend the creation of a universal policy adopted across the UK music industry.

Disabled fans have reported losing out on tickets to in-demand events – such as Ed Sheeran’s forthcoming arena tour – due to insufficient booking systems only accessible by phone. Fans require all venues and events to provide comprehensive access information online, and the adoption of uniform terminology and disability awareness and inclusive communication training for sales staff, say AIE, while accessibility requirements should be integrated into standard online booking systems.

The organisation also addressed the need for disabled fans to be able to access pre-sales, VIP areas and artist “meet-and-greet” events, and for gift cards to apply to access bookings.

Suzanne Bull MBE, chief executive officer for Attitude Is Everything and a disability sector Champion for Music said: “In 2018, every large-scale music event should be all-inclusive. Disabled customers should be able to buy a ticket online, they should be encouraged to attend shows with their friends, and not have to jump through undignified hoops when things go wrong. As a disabled music fan myself, I’d urge ticket sellers, venues and festivals to understand that all disabled people must enjoy the same experiences as any other fan.”

The report has drawn support from Sarah Newton, the minister for disabled people, health and work, industry bodies UK Music and PRS for Music, the Society of Ticket Agents and Retailers, and musicians including Leeds five-piece Hookworms, who commented: “As we grow as a band and depend more on larger venues and ticketing agencies, it’s essential that our shows remain as inclusive and accessible for disabled fans as we have tried to make them on a smaller scale ourselves. No one should feel discriminated against or face barriers when attending gigs or playing music, and we call on our peers and the music industry to help realise Attitude Is Everything’s vision for ticketing without barriers.”

AIE’s survey highlighted the contribution that disabled audiences make to Britain’s live music industry – worth £1bn a year according to 2017 UK Music figures – with the respondents attending an average of nine performances per year, and spending an estimated £250,000 on tickets, food, drinks and merchandise. Government data suggests that 3.3m disabled adults attend at least one live music event per year.

The report also highlighted disabled fans’ difficulties when accessing tickets across other cultural sectors. AIE intends to convene a new cross-sector group bringing together representatives from music, cinema, theatre, heritage and sport. Arts Council England, UK Theatre and the Disability Co-operative Network for Museums have pledged their support.

DWP Took Photos From Disabled Employee’s Facebook

April 9, 2018

A disabled DWP employee has won a £26,000 payout after his bosses called him a “whinger” and gave him a warning after he ‘nearly died’ at work.

An employment tribunal awarded compensation after finding Barrie Caulcutt had been treated unfairly by his bosses at the Department for Work and Pensions.

The 55-year-old, of Caernarfon, North Wales, cried at the hearing, saying his life and health were ruined by bosses who said he didn’t deserve to be treated nicely.

The father-of-two, who suffers from anxiety, chronic asthma and eczema, had to be rushed to hospital after he suffered an asthma attack at work, the Daily Post reports.

He said felt “relieved and pleased” after the tribunal unanimously found the DWP had discriminated against him by failing to make reasonable adjustments for his disability.

Mr Caulcutt had worked for the DWP for 35 years with an “exemplary” attendance record.

Problems started after he was moved from a backroom finance office to work on the “frontline” in Caernarfon facing claimants who were angry because their benefits were being sanctioned.

Mr Caulcutt said he felt his treatment had been “merciless”, adding: “My life was made hell.”

He was awarded over £26,000 compensation but further claims of harassment and victimisation were dismissed.

Mr Caulcutt, who still works for the DWP and has had successful surgery for prostate cancer, said he was asked to deal with customers despite his deteriorating health and against the advice of his GP and the DWP’s occupational health assessors.

In March 2014, Mr Caulcutt asked to be excused from a training seminar held in a small room because it made him anxious. He had an asthma attack and was rushed to hospital.

“I thought I was dead,” he said.

On his return, he was given a first written warning for taking 2.5 more sick days than allowed, marked down as “could improve” and pressurised to move to work at the Bangor DWP office.

An email sent by DWP manager Bev Lovatt to Caernarfon JobCentre manager Eiddwen Borland in September 2014 said: “Let him whinge like crap and raise it in his ET (Employment Tribunal). He doesn’t deserve us to be nice to him.”

It emerged that DWP bosses had taken photos of Mr Caulcutt and his disabled daughter at Tom Jones and Jessie J concerts in Colwyn Bay from his Facebook page, but DWP barrister David Tinkler denied there had been any “snooping”.

Mr Caulcutt’s wife Ceri said: “It’s been a nightmare. It’s made us all ill; anxious – everybody were really worried about him; what was to become of Barrie. At home, we’ve got children and a disabled daughter who needs looking after. It was one big stress. We’ve all been very upset.”

PCS union representative Peter Doughty, said: “It was callous and cruel to give a written warning to someone who nearly lost his life. I’m pleased for Barrie that he has stood up for his rights and that the tribunal found in his favour.

“It is, however, a sad reflection on the DWP that this case ever went all the way to a tribunal. The costs are a huge amount in comparison to the award. This is taxpayers money.”

A DWP spokesperson said: “We take the welfare of our staff extremely seriously and also expect the highest standards of behaviour from all employees. We will be reviewing the tribunal’s findings.”

Claimant Loses PIP- Because Assessor Didn’t Turn Up To Home Visit

April 9, 2018

A mentally ill woman has had her disability benefits stopped because her assessor failed to turn up to a home visit, leaving her unable to buy basic groceries and suffering high levels of anxiety.

Michelle Moloney, 40, was left hundreds of pounds down after she was informed by the Department for Work and Pensions (DWP) that because she “didn’t go” the assessment her Disability Living Allowance (DLA) would stop and her Personal Independent Payment (PIP) had been refused.

Capita, the company sub-contracted by the government to carry out disability benefit assessments, has since said the assessor arrived at the wrong time and apologised to Ms Moloney that their service “fell short of its high standards”.

Ms Moloney, who lives in Nottinghamshire and suffers from bipolar disorder type 2, severe anxiety, and has a history of self-harm, received a letter from the DWP on 28 February stating that her PIP claim had been refused. 

It went on to state: “This is because you didn’t go to the assessment on 14 February 2018 and we don’t think you’ve given us a good reason for this.”

When Ms Moloney sent a letter of complaint to Capita with the help of a friend, they responded on 14 March saying that based on information they had received from the assessor (“a description of her house”) meant they were “unable to uphold” the complaint.

But after being contacted by The Independent, Capita sent Ms Moloney another email on 28 March stating: “Following a further review of your appointment on 14 February 2018 it became apparent the Disability Assessor attended your property earlier than the scheduled appointment time.

“DWP agreed to send the case back to Capita for a new appointment. I can confirm an appointment has been scheduled for 9.15am on Monday 16 April 2018 at your home address.”

As a result of the error, Ms Moloney missed out on £685 last month, which left her unable to eat properly and suffering from high levels of anxiety.

“I’ve not done my usual online shop. I’ve been living off bread and cheese rather than getting proper food to cook. I’ve been scared to spend money. I cancelled everything that wasn’t a must be paid direct debit,” she told The Independent.

“It’s increased my anxiety levels too, worrying about it and what I was going to do without that money and how long it would take for an appeal to get to a tribunal.

“It has really upset me, more so because they messed up and stopped all my ESA instead of just the severe disability premium on it and I didn’t have any idea what was going on with that. 

“Just losing the DLA, being refused PIP and having to figure out what I needed to do to start the process of appealing was stressful. My mood has dropped a lot.”

Charity Disability Rights UK said they routinely see poor practice in the way disability assessments are carried out, saying it was “unacceptable” that private companies are paid large sums of money to provide this service.

Ken Butler, welfare benefits advisor at the charity, told The Independent: “Time and time again we hear of poor assessment practices when it comes to disability benefits. This has a massive impact on people who qualify but are turned down for benefits because of bad administration and decision making.

“It’s unacceptable that companies like Capita, Atos and Maximus are paid hundreds of millions of pounds every year to provide a service to the public and are allowed to continue with their poor practices. 

“The government should be doing more to hold them to account, and penalising them when they fail to deliver.”

He urged the government to “seriously consider” transferring responsibility for assessments to the public sector, rather than allowing them to be used as a “profit-making exercise”.

“In the meantime, disabled people must fully compensated for any extra costs they’ve incurred as a result of a poor assessment,” he added.

A Capita spokesperson, said: “We apologise to the individual that our service fell short of our high standards. On the rare occasion that this does happen, we investigate thoroughly and work with the person directly to address their issue.”

They added that they had been advised by DWP that her benefits have been reinstated. 

It emerged last month that Capita and Independent Assessment Services (formerly known as Atos) – another private firm contracted by the government to carry out disability assessments – received a £40m increase in funding last year despite widespread concerns with the system.

A freedom of information request by The Independent found the DWP paid the companies nearly £255m last year to perform PIP assessments – the highest amount spent on the scheme since its launch in 2013.

It came after the High Court ruled the system was “blatantly discriminatory” against people with mental health conditions, prompting the Government to announce it will review 1.6 million disability benefit claims. It could see up to 220,000 claimants receive higher payments.

The DWP came under fire last week after an investigation by the National Audit Office revealed the department had underpaid an estimated 70,000 people who transferred to ESA from other benefits over the past seven years.

Tribunals Go Digital- And May Just Be Judgements

April 6, 2018

With many thanks to Benefits And Work.

The cost-cutting agenda behind moving tribunal hearings online has been further exposed in new regulations which will to allow ministers and senior judges to cut the number of people sitting on panels, including social security appeal tribunals.

The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) (Amendment) Order 2018 allows the Senior President of Tribunals (SPT) to decide on the number of panel members for any type of tribunal.

In addition, in the future the SPT has to first consult with a government minister before making any decision.

The government claim that the aim is to make “the use of tribunal panel members should be more tailored and flexible”.

The fear is that the aim is simply to cut costs by ensuring that the vast majority of tribunals have only a judge sitting alone.

At present ESA tribunals have a medical member as well as a judge. PIP and DLA tribunals have a judge, a medical member and a person with specialist knowledge of disability issues.

Under the new rules the SPT could decide that all social security hearings would be heard by a judge sitting alone, with a medical member only in special cases. The use of a disability specialist could be dropped altogether.

Many Benefits and Work readers will be able to tell tales of medical members, and even disability members, of panels who behaved in a distrustful and even hostile manner, whilst the judge appeared to be fair and sympathetic.

But it is equally the case that it is often the medical member who points out flaws in the evidence collected in the face-to-face assessment.

And disability members frequently ask questions touching on the daily lives of claimants which help to make clear the real difficulties they face with everyday activities.

A judge sitting alone may have no lived experience of disability and lack any knowledge of the medical condition at issue.

It is hard to see how there can be any advantage to claimants in reducing the number or range of people sitting on PIP, ESA or DLA appeal panels. But the cost advantages to the government are clear.

More details about the changes to the regulations can be found on the parliament website.

Three strokes, blood clots, fluid on the brain… Declared fit for work, being given the run-around by the DWP. Welcome to DWP hell.

April 6, 2018

Charlotte Hughes's avatarThe poor side of life

Hi readers, for once the blog is relatively on time so I don’t need to apologise this week. Its the school holidays so there’s no need  for me to hang around waiting to collect my daughter.

Huzzah! We had sunshine albeit still cold, which was far more welcoming than the awful rain that keeps coming our way. We were still low on numbers this week which was a massive shame. Its hard work but the appearance of comrades from Shaw cheered me up. If you are local to Ashton Under Lyne please come and say hello!

A bit of good news, our latest run of leaflets should be with me next week, I’m running extremely low on these and today was a close call.

We also handed out six food parcels to everyone that needed one plus four extra from our Shaw comrades.

As usual I will go through in…

View original post 1,371 more words

DWP is facing investigation following the suicide of 42-year-old mum of ninee

April 5, 2018

Kitty S Jones's avatarPolitics and Insights

Jodey Whiting’s mother, Joy Dove, with Jodey’s daughter Emma Bell (Image: Ian McIntyre)

The Department for Work and Pensions (DWP) is facing a legal investigation after a mother of nine took her own life “because the DWP stopped her benefits”. 

Jodey Whiting, who suffered severely disabling medical conditions, ended her own life in February 2017, shortly after the DWP stopped her disability support payments. The payments stopped because was claimed by the DWP that Jodey failed to attend a work capability assessment (WCA).

However, her family claims that she never received the appointment letter and is blaming the Government for her suicide.

The 42-year-old grandmother was diagnosed with a brain cyst and curvature of the spine and could barely walk to her own front door, but an inquest has heard that despite her  disabilities, Jodey Whiting faced a distressing battle with the DWP for lifeline benefits.

Supported by volunteers from…

View original post 586 more words

Disabled Passengers: Don’t Even Think About Using The Toilet

April 5, 2018

Wheelchair user Jemma Collins recalls how her dream holiday ended in bruises and humiliation when she was manhandled off a plane.

Campaigner Christopher Wood, who has two disabled children, is lobbying airlines to create a wheelchair space on aircraft.

Ministers outline plan for disabled people’s air travel

YOU Can Prevent The DWP Interfering In The Patient/Doctor Relationship

April 5, 2018

Staff Have 15 Minutes To Read Medical Histories Before PIP Interviews Says Whistleblower

April 5, 2018

A former benefits assessor today exposes the grim world of the Tories’ “unfair” and “ethically questionable” disability regime.

Staff have just 15 minutes to read claimants’ medical history before interviewing them for vital Personal Independence Payment (PIP), the whistleblower said.

And the process is such a “relentless conveyer belt” that they skip toilet and lunch breaks – just to get “10 seconds” back in the day.

PIP, worth £22 to £141 a week, is meant to be a fairer way for 1.6million disabled people meet everyday costs.

But in a Mirror interview, the healthcare professional said they saw vulnerable people through “two worlds – the real world and the PIP world.”

Rigid and “uneven” rules meant some people who obviously needed help were denied the benefit, the assessor claimed.

And some staff were reluctant to score claimants higher – because they could be “told to change” their decision by bosses.

“For staff it’s probably relentless, for claimants it’s probably unfair, and as a professional I think it just needs improving,” the expert told us.

“I think the process was questionable from a clinical point of view.

“If I got my code of ethics out, there were things I was having difficulty reasoning in my head.”

Our source worked for a number of years for outsourcing giant Atos, which the government has paid more than £480million to assess people for PIP since 2013.

PIP is replacing the old Disability Living Allowance – but campaigners say assessments for the new benefit are unfit for purpose.

Of 947,000 people moving from DLA to PIP, almost half (46%) had their payments downgraded or stopped.

Our source, who resigned amid concerns over the “unpleasant” system, told us the “intense” and “frustrating” daily routine for staff had an effect on claimants.

They said: “You’re basically given four slots a day and those slots are fixed. You don’t organise your own diary.”

That left 15 to 30 minutes to read claimants’ medical history before starting an assessment, the source said – if the centre was not overbooked that day.

Some claimants had just an application form and GP’s letter. But sometimes “you think great, I’ve got 15, 20, 80 bits – I’ve had 80 bits of evidence before – how am I going to read through that?

“Atos won’t say ‘we give them 15 minutes or half an hour to read through’, they would just say ‘we’ll give them as long as they need’.

“But in reality, if I’ve got a 9am appointment, I know at 11am I’ve got somebody [else] coming in.”

Our expert said appointments last 45 minutes to an hour, and guidance was to spend 105 minutes on each claimant’s case.

But if someone needed an interpreter or had complications, “booking times go out the window”.

“I could have somebody come in with arthritis on their big toe and somebody come in with multiple mental health conditions,” the source said.

“You generally get the same slot.”

The assessor claimed staff were so pressed for the time that they would skip lunch and toilet breaks.

“You look for 10 seconds, anything you can grab, because you know you’re going to be pushed,” they added.

The second problem was the rigid criteria to decide if people were disabled enough.

“We’ll have two worlds – there’s the real world and the PIP world,” the assessor said.

“In the real world, you think right, I know they will find it difficult to get dressed.

“But because the definitions are so specific, it’s sometimes difficult to award them a higher level.”

Shocking blunders in the past have led to questions over assessors’ competence.

One claimant with no dog who couldn’t walk was told they regularly walked their dog. Another was asked: “When did you catch Down’s syndrome?”

Our source insisted staff were highly-trained as nurses, paramedics, physiotherapists or occupational therapists, with pay starting around £30,000.

Instead the assessor blamed the scoring system – and audits that check it’s being followed.

Atos assessors give people ‘points’ for everyday tasks they can’t do. If someone scores below eight, the Department for Work and Pensions (DWP) denies them the benefit.

But assessors can have their reports “amended” by superiors – and if it happens too often, they are put on a performance review.

The assessor agreed it was right to check reports but said the process was “uneven”.

“It goes both ways,” our source said. “I’ve had reports back where auditors have told me to score higher. But I’ve also had reports where they’ve told me to score lower.

“What I’ve found is, more often than not, it’s more difficult to score people higher. I think it’s uneven.”

Our source added: “You’re getting this stuff sent back and you’re thinking God, I really know this person needs assistance. No way they can do it.

“And it will be sent back and an auditor will basically be telling you ‘no, that’s not the case’.

“What they’ll do is they’ll pick some other evidence in the report that supports their point.

“In my opinion that evidence is sometimes weaker. But you’re essentially told to change it.”

They said it took a toll on staff saying: “It’s led to so many colleagues leaving. On a daily basis it drives people nuts.”

A spokesman for Atos’ PIP arm Independent Assessment Services said: “We listen carefully to all feedback provided by those being assessed, and continually adjust our service to help deliver an enhanced experience for all involved.

“Our Health Professionals (HPs) are able to take as long as they need to understand a claimant’s health condition or disability.

“All assessments are conducted in accordance with DWP policy, and there is no incentive or encouragement given to HPs to conduct an assessment in any way that would lead to a certain outcome.”

A DWP spokeswoman said: “Assessments work for the majority of people, with 87% of PIPclaimants telling us that they’re happy with their overall experience.

“But one person’s poor experience of PIP is one too many, and we’re committed to continuously improving the process for claimants.

“We expect the highest standards from our assessment providers, and we work closely with them to ensure that all claimants receive objective, accurate and high quality assessments.”

“The stress of it froze me to the spot and I cried”

Janet Roberts burst into tears when she opened the letter that slashed her benefits in 2016.

The gran-of-two had been unable to work for four years after being diagnosed with Parkinson’s aged 44.

But after an hour-long assessment for PIP at her St Albans home, her mobility payments were cut – from the full rate under the old DLA benefit to zero.

Janet faced losing her adapted Motability car on her 30th wedding anniversary to husband Aubrey, 76.

But to her relief a DWP internal appeal restored her benefits with days to spare.

The former NHS microbiologist, now 57, told the Mirror: “I just couldn’t believe it.

“The stress of it froze me to the spot and I cried, because it was going to make such a difference to my quality of life.

“I had been living with this condition for 10 years. It is a rotten condition that greatly takes away all sorts of bits of your body and relationships.

“To decide it was nothing felt like a real insult.”

Janet claimed the assessment was “not fit for purpose” because it didn’t account properly for her condition changing from one hour to the next.

She said: “They ask how far you can walk. When my medication’s working I can walk reasonably far – but there’s six or seven times a day when I basically can’t move.”

She added: “I had taken my medication at the right time so I was in my optimum physical state when I was there.

“I said ‘if you wait ten minutes you will see me in the off state’ but the reply was ‘I don’t need to’.”

PIP is paid in two parts, ‘mobility’ and ‘daily living’, and following her appeal Janet now gets both.

But she feared she had lost her mobility payments for around four months while the appeal went through. Thousands wait longer because they appeal to an independent tribunal.

Janet helped charity Parkinson’s UK hand a 33,000-strong petition to Downing Street last month calling for reform to the assessment process m.

She said the system can be “brutal”, adding: “There needs to be a certain amount of individualism.

“It’s almost like disabled people sometimes are [treated] like a different species – but we’re human beings with real struggles.”

Disabled British Man Held In Immigration Removal Centre For Four Months

April 5, 2018

A 53-year-old disabled British man who was born in the UK and says he has never travelled abroad has been held in an immigration removal centre for the past four months, the Guardian has learned.

Paul Tate is in a wheelchair after a stroke and has diabetes, asthma and high blood pressure. He applied for bail last week but the judge who considered his application refused to free him, saying: “He says he is a British citizen but has done nothing to prove it.”

Tate’s solicitor has begun legal proceedings aDogainst the Home Office for unlawful detention and says his client is desperate to be released.

The Guardian has recently reported on cases of people born overseas who have lived most of their lives in the UK but are facing removal because their immigration status was not formalised decades ago.

However, Tate insists he was born in Bangor, north Wales, and that he has never left the UK. Human rights campaigners and lawyers have expressed concern that British citizens who may not have a passport are being targeted for removal by immigration officials.

Home Office sources say Tate told them he was a US citizen, but he denies ever saying this. According to his lawyers, the Home Office made a request to US authorities for an emergency travel document for him in December 2017.

In January the US refused to provide one, saying it had no record of Tate being a US citizen. However, more than two months later Tate is still locked up.

He is being held at Morton Hall in Lincolnshire, a 392-unit immigration removal centre run by the prison service for the Home Office, after serving a 12-month prison sentence for grievous bodily harm.

During last week’s bail hearing by videolink, Tate said: “I will die in here.” Had he not been held in an immigration removal centre after completing his sentence, Tate would have been able to access support from the probation service to reintegrate into society and reduce his risk of reoffending.

Tate’s name was changed from that on his birth certificate when he was adopted as a child. His solicitor is working with members of Tate’s family to obtain documents to prove he is a British citizen.

The human rights lawyer Shoaib Khan asked the Home Office how many cases it had of British nationals being detained in immigration removal centres. The Home Office told Khan that although British nationals were not subject to immigration control, there may be some cases where they were detained while their identity was established, but it could not provide a number of these cases because the information was not recorded centrally.

Tate’s solicitor, Hamish Arnott, of Bhatt Murphy solicitors, said his client insisted he was a British citizen with no connection to any other country and had never left the UK.

“The notion of him being removable is fanciful. He is taking legal proceedings to obtain his release,” Arnott said.

Celia Clarke, the director of the charity Bail for Immigration Detainees, said: “The complete lack of oversight of decisions to detain and to maintain detention, coupled with the avowedly hostile environment, means that anyone with any perceived connection with any other country, be they long-term residents or even British citizens, is now fair game for detention and deportation. This is completely scandalous and the only way to stop it is to end detention completely.”

A Home Office spokesperson said: “We expect those with no basis of stay to leave voluntarily. Where they do not we will enforce their removal – this includes foreign criminals of whom we returned almost 6,000 last year.”

Terminally Ill People Lose Their Benefits Because They Haven’t Died Quickly Enough

April 4, 2018

UC Claimant Sanctioned For Taking Annual Leave

April 3, 2018