Labour’s policy on universal credit has again become mired in confusion after its leader, Jeremy Corbyn, promised to scrap the government’s “catastrophic” and “iniquitous” benefit system if his party wins the next general election.
Such a move would be seen as a significant victory for disabled activists and allies who have pushed the party to promise to scrap universal credit, instead of pledging only to halt the rollout of the system and fix its many flaws.
Interviewed after the party’s success in last week’s Peterborough by-election, Corbyn told Channel 4 News: “We are ready for a general election, and that general election will deliver a Labour government.”
He added: “If you voted Remain in 2016, and you’re on universal credit, if you voted Leave in 2016 on universal credit, you actually want to get rid of universal credit. That’s what Labour offers.”
Despite Corbyn’s comments, what seemed to be a significant change in policy appeared not to have been noticed by any mainstream media.
And the party’s press office today (Thursday) issued a statement that conflicted with what Corbyn said, merely stating again that a Labour government would pause the rollout of UC and try to make it fit for purpose.
A party spokesperson said: “Universal credit isn’t working and cannot continue in its current form.
“Labour will stop the roll-out, and ensure our social security system genuinely protects people from poverty.”
Disabled activists, particularly Disabled People Against Cuts (DPAC), have campaigned for the government – and any future Labour government – to “stop and scrap” universal credit (UC).
Only last week, DPAC released new research which detailed media articles on UC published between January and May this year, which it said was “a damning record of UC systemic and catastrophic failures”.
It said that UC had reached a point where it was “unable to adapt to claimants’ complex circumstances, and is forcing people with the least resources into further poverty, homelessness, and hunger”.
DPAC said it was calling for UC to be scrapped because it had become a social security system “which not only does not offer security, but actively undermined people’s ability to cope with the hazards of life”.
A DPAC spokesperson said last night (Wednesday), in response to Corbyn’s comments, but before the party had released its statement: “We welcome it as it’s the only credible position that Labour or any other party can take given UC’s well-evidenced fundamental failings, enormous waste and terrible harm but we remain unsure of Labour’s position until there is a firm public commitment.”
It is not the first time that Labour has appeared to call for UC to be scrapped and then retreated from that position.
Last October, the party had to back-track after deputy leader John McDonnell said in a television interview that UC was a “shambles” and “iniquitous” and added: “I think we are moving to a position now where it is just not sustainable. It will have to go.”
But the party’s press office later stressed that Labour’s position was that “universal credit in its current form simply isn’t working”.
Labour’s work and pensions secretary, Margaret Greenwood, was also heavily-criticised by disabled activists after telling the party’s annual conference in Liverpool last September that the government must “stop the rollout of universal credit and fix its many flaws”, rather than calling for it to be scrapped.
13 June 2019
Repeated claims by the government that the UK is one of the most generous major economies in the world when it comes to spending on disabled people have been exposed as highly misleading by official figures.
The Department for Work and Pensions (DWP) and its ministers have repeatedly defended themselves against criticisms of cuts to disabled people’s support by comparing their record with other countries.
But that defence has now been exposed as deeply misleading, with official figures from the Organisation for Economic Co-operation and Development (OECD) showing the UK has one of the worst records among major world economies on supporting disabled people.
This week, Disability News Service (DNS) was forced to lodge a complaint with DWP after a press officer refused to say if the department accepted the OECD figures.
The statistics emerged after Esther McVey, the former work and pensions secretary standing to be the new Tory party leader and prime minister, defended her own record in government by claiming – during a BBC interview – that the UK was “one of the most generous countries in our support for disabled people”.
DWP subsequently told Channel 4 News Fact Check, when it tried to confirm that claim, that “as a share of GDP, the UK’s public spending on disability and incapacity is higher than all other G7 countries bar Germany”.
This claim was based on data provided by the OECD group of major world economies, which show that of the G7 countries – Japan, the US, Canada, France, Germany, Italy, and the UK – the UK does spend the second-highest amount as a proportion of GDP.
But what the same figures also show is that, when it comes to public spending on incapacity (including sickness and disability benefits, and social care services), the UK’s spending is only 23rd highest of the 36 OECD members as a proportion of the country’s economic activity (GDP).
They even show the UK is below the OECD average of 1.9 per cent of GDP spent on incapacity.
The OECD figures also show the UK’s performance has worsened since 2010, when a Tory-led coalition took power.
In 2010, the UK was 22nd highest of OECD members, with 2.0 per cent of its GDP spent on incapacity, but had slipped by 2015 to 23rd, with just 1.852 per cent.
And when it comes to European Union members of the OECD, UK spending on incapacity is only 18th highest out of 23.
But when DNS asked if DWP accepted these OECD figures, a spokesperson said: “We’re spending £55 billion this year on benefits to support disabled people and those with health conditions – more than ever before.
“As a share of GDP, the UK’s public spending on disability and incapacity is higher than all other G7 countries bar Germany.”
She refused to say whether DWP accepted the other OECD figures.
DWP has frequently compared its spending on disability with other members of the G7.
In February 2018, DWP responded to the latest criticisms of its record on implementing the UN Convention on the Rights of Persons with Disabilities by saying: “The UK is a recognised world leader in disabled rights and equality and as a share of GDP, our public spending on disability and incapacity is higher than all other G7 countries bar Germany.”
It made a similar point in September 2017, in response to criticisms by the UN’s committee on the rights of persons with disabilities, and also in June 2017, again in connection with breaches of the UN convention.
13 June 2019
Senior Department for Work and Pensions (DWP) civil servants have failed to answer key questions about links between the government’s policies and the deaths of disabled benefit claimants, during a face-to-face meeting with grieving parents.
Emma Haddad, DWP’s director general for service excellence, and Colin Stewart, its work and health director for the north of England, spent more than an hour in Monday’s meeting with Joy Dove and Eric Whiting, the parents of Jodey Whiting.
The Independent Case Examiner (ICE) concluded earlier this year that DWP was guilty of “multiple” and “significant” failings in handling the case of the mother-of-nine, who had her out-of-work disability benefits stopped for missing a work capability assessment (WCA), and took her own life just 15 days later.
During the meeting, Dove asked 13 key questions that had been drafted for her by Disability News Service (DNS), based on her daughter’s case and the wider scandal of deaths linked to the actions of DWP ministers and senior civil servants.
But Haddad refused to answer many of the questions for legal reasons.
Among the questions about her daughter’s case, Dove asked how DWP could have made so many serious safeguarding failings.
Her ex-husband asked whether anyone had been disciplined or lost their job over their daughter’s death.
Dove asked Haddad why she should believe that DWP had fixed the system when it had made similar promises after so many other deaths.
And she asked why DWP kept making mistakes that led to the deaths of disabled people when it had carried out so many secret reviews into deaths linked to DWP actions.
Crucially, she also asked about the alleged cover-up which saw DWP fail to show the independent expert ministers had appointed to review the WCA a series of secret reviews into benefit-related deaths and letters written by coroners linked to the assessment process.
And Dove asked if she could see the secret review that would have been carried out by DWP after her daughter’s death.
Haddad promised Dove that she would provide written answers to all the questions.
The meeting took place in the offices of Labour’s Dr Paul Williams, Dove’s MP, in Thornaby-on-Tees.
Dove said that Haddad insisted in the meeting that ministers had not ordered her and Stewart to apologise in person, but that they had instead “got together and decided we needed to come here and say sorry”.
Dove told DNS she was glad the meeting had taken place, but she warned DWP that this would not be the end of her campaigning, although her legal team would now take the lead in seeking justice for her daughter.
She said: “It hasn’t really changed things because she’s dead and she’s not coming back.
“I told them that five minutes away from here, my daughter is in that cemetery.”
Dove believes Haddad was on the verge of tears when she heard her speak about Jodey and showed her pictures of her daughter.
She said: “I thought she had a tear in her eye when I got upset and showed her letters from Jodey saying she was in debt and which said, ‘Please, mam, look after my babies.’
“I could see a tear in her eye but at the same time she had to hold it back.”
But she said Haddad also told her: “I am a mother of two. I know how you would have felt.”
Dove said Haddad and her colleague were left speechless when she told them that campaigners were calling DWP “murderers”.
After the meeting, a DWP spokesperson said: “Senior officials have met with Mrs Dove today, to apologise again for the failings in handling her daughter’s case and discuss the lessons learnt.
“We fully accepted the Independent Case Examiner’s findings earlier this year and have since reviewed and strengthened our procedures to ensure all vulnerable claimants are safeguarded.”
The number of people signing a petition in Jodey Whiting’s name, calling for an independent inquiry into deaths linked to DWP failings, and for evidence of criminal misconduct by civil servants or government ministers to be passed to the police, has now passed 42,000.
But that is less than halfway to the target of 100,000 needed to secure a House of Commons debate on the petition.
To sign the Justice for Jodey Whiting petition, click on this link. If you sign the petition, please note that you will need to confirm your signature by clicking on an email you will be sent automatically by the House of Commons petitions committee
13 June 2019
The care regulator has faced accusations from a committee of MPs and peers that it ordered a “whitewash” of abuse allegations at a private hospital for disabled people that was later exposed by a BBC documentary.
Two senior figures in the Care Quality Commission (CQC) were asked yesterday (Wednesday) to explain why their organisation failed to act over abuse at Whorlton Hall in County Durham four years before an abusive regime was exposed by an undercover BBC reporter.
Harriet Harman, the Labour chair of the joint committee on human rights, asked Dr Paul Lelliott, CQC’s deputy chief inspector of hospitals and its mental health lead, and Ian Trenholm, its chief executive, why their organisation had “suppressed” a critical inspection report about Whorlton Hall, written in 2015, which was never published.
Harman said she did not understand why Lelliott had appeared so surprised at allegations passed to him in the Panorama documentary when a draft report written by CQC’s own inspectors in 2015 had included allegations of bullying and “inappropriate behaviour” by staff at Whorlton Hall.
The 2015 report said patients in the hospital “did not know how they could protect themselves from abuse”.
The evidence session was part of the committee’s inquiry into the detention and inhuman and degrading treatment experienced by young autistic people and people with learning difficulties in assessment and treatment units and other institutions.
The committee heard that the CQC team sent to inspect Whorlton Hall in 2015 included a person with learning difficulties, as part of the regulator’s experts by experience programme, which sends service-users to assist on inspections of care homes, hospitals and care agencies across England.
But the 2015 report was never published, which led its lead inspector, Stanley Wilkinson, to lodge a complaint with his CQC superiors.
The CQC executive who considered his complaint said it should be published, and Lelliott said it would be, Harman revealed.
But instead of publishing it, CQC sent a smaller, less experienced team of just three members to carry out a second inspection, which failed to mention any allegations of bullying or abuse in its report, concluding instead that standards at Whorlton Hall were “good”.
This second team did not include an expert by experience.
Harman said: “It looks like there was a diligent inspection in 2015, it looks like they discovered what we then saw to our horror on Panorama on our televisions, it looks like CQC didn’t publish that 2015 report, it was suppressed.
“There was a row about it, and a strong complaint from the lead inspector, and then the report was supressed despite a commitment to publish it and then a new team was sent in and they produced a report which was a whitewash and said Whorlton Hall was good.”
After Lelliott claimed that the “key findings” of the first report were included in the second report, Harman said: “They were not, because the abuse and bullying had vanished.”
She said Wilkinson had told CQC that this refusal to publish his report “fails in our duty to protect people” and “compromised the safety, care and welfare of patients”, and that the culture within CQC was “toxic”.
Wilkinson had added: “I am raising these issues because I believe something serious could happen which could put CQC under the spotlight.”
Harman told Trenholm and Lelliott: “He was right, wasn’t he?”
Trenholm said he and his colleagues had still not got “to the bottom of what happened during that period” and so had launched an independent review.
And he said that if Wilkinson had thought there was any significant abuse at Whorlton Hall, he would have recommended an “inadequate” rating – instead of “requires improvement” – and CQC would have acted immediately and called police, which would have led to the hospital being forced to close.
Lelliott said that what he saw in the Panorama programme had been “horrifying and sickening”.
But he said the 2015 report had not concluded that abuse was taking place at Whorlton Hall, and he added: “I had no idea that abuse of that type was happening.”
And he insisted that CQC had “a track record of taking decisive action when we have evidence of abuse or malpractice or poor care”, although Whorlton Hall was “a wake-up call for us and for the whole system”.
13 June 2019
A senior Department for Work and Pensions (DWP) official has told MPs that a highly-critical UN report on poverty in the UK was “factually correct” and “made a lot of good points”, despite ministers repeatedly attacking its accuracy.
Donna Ward, DWP’s policy director for children, families and disadvantage, told the work and pensions select committee yesterday (Wednesday) that the report by Professor Philip Alston, the UN’s special rapporteur on extreme poverty and human rights, made “really good points” on issues such as austerity and cuts to local government spending.
Ministers have consistently dismissed Alston’s report, with minister for disabled people Sarah Newton, who has since resigned, claiming last November – following the publication of his preliminary report – that he had made “factual errors”.
And in May, after Alston published his final report, DWP described it as “a barely believable documentation of Britain, based on a tiny period of time spent here” that “paints a completely inaccurate picture of our approach to tackling poverty”.
Amber Rudd, the work and pensions secretary, reportedly claimed that Alston had not carried out enough research and apparently threatened to lodge a formal complaint with the UN.
But Ward has now told MPs on the committee – during an evidence session on the impact of universal credit – that DWP has carried out a “fact check” on the report and has concluded that Alston “made a lot of good points” and that his report was “factually correct”.
She said: “I think where the secretary of state took issue with it and where I as a civil servant can’t be involved was the political interpretation of a lot of what’s happened.
“But in terms of the facts, in terms of austerity, and cuts to local government funding, in terms of the reliance that we have on the labour market and the risk that we have if there was a recession, all of those things were really good points that we have taken on board, we should take on board.”
SNP’s Chris Stephens said Ward’s comments were “quite revealing” because the rapporteur’s report was “very often pooh-poohed” by ministers and some Tory backbenchers.
Will Quince, the junior minister for family support, housing and child maintenance, said he took such reports “incredibly seriously”.
He said: “I’m not going to say I don’t regret the quite inflammatory language and in some cases quite overtly political tone of the report but there are areas in there that of course I recognise and I know that we need to do a considerable amount of work on and any report of that nature is always going to highlight areas.”
Alston said in his preliminary and final reports that government policies such as cuts to public spending and “highly regressive” changes to taxes and benefits suggested that the UK government had breached the “principle of non-discrimination enshrined in international law”.
He also said that figures from the Social Metrics Commission showed that 14 million people, a fifth of the population, were living in poverty and nearly half of them were from families in which someone was disabled.
And he said that many disabled people’s families had been “driven to breaking point” by cuts to social care.
13 June 2019
A trade union has backed disabled activists who are removing thousands of copies of a newspaper every week from their public distribution points over its publication of government advertising features that are air-brushing concerns about universal credit (UC).
The Bakers Food and Allied Workers Union (BFAWU) voted unanimously at its annual conference on Tuesday (11 June) to support the campaign against the Metro free newspaper, which is being led by Disabled People Against Cuts (DPAC).
Members of Sheffield DPAC have been leading the Metro campaign, which has seen photographs and videos posted on social media showing activists removing scores of copies of the Metro so they can be recycled.
In one post this week, Sheffield DPAC said thousands of Metro copies had been taken out of circulation by hundreds of activists across Britain, adding: “We will not leave these lies on the shelves. Universal credit is ruining people’s lives.”
The Metro advertorials are part of a nationwide Department for Work and Pensions (DWP) campaign that it claims will “myth-bust the common inaccuracies” reported on universal credit.
But Ian Hodson, BFAWU’s president, told Disability News Service (DNS): “We don’t agree with it. Tax-payers’ money being used for adverts about something that’s untrue.
“It’s a lie and we know it’s a lie. What they are trying to do is propaganda and it’s unfair.
“We agree with dumping them, burning them, whatever, just taking them out of the public domain and getting a public apology actually for the waste of taxpayers’ money.”
He added: “If they want to do that, what they should do is have two versions: the government version and then a version given by people who are impacted by it, for some balance, and they should fund that as well.”
He said so many benefit claimants were taking their own lives, having their benefits cut, struggling financially and losing their homes, and yet the government “mislead and lie to people over the reality of it”.
He said DWP’s Metro advertising campaign was about “stopping people from being able to speak out and telling what the reality of being under this regime is”.
DNS confirmed last month that DWP had breached Civil Service guidelines when it decided to launch the nine-week series of “unethical and misleading” Metro advertising features without including a government logo.
This week, employment minister Alok Sharma said in a written parliamentary answer that the Metro campaign would run for another six weeks, and DWP would announce how much it had cost after it ended.
Only last week, DPAC released new research which detailed media reports on universal credit published between January and May this year, which it said was “a damning record of UC systemic and catastrophic failures”.
It said then that UC had reached a point where it was “unable to adapt to claimants’ complex circumstances, and is forcing people with the least resources into further poverty, homelessness, and hunger”.
DPAC said it was calling for UC to be scrapped because it had become a social security system “which not only does not offer security, but actively undermined people’s ability to cope with the hazards of life”.
Neil Couling, director general of the universal credit programme, told MPs on the work and pensions select committee yesterday (Wednesday) that he could not introduce vital improvements to UC immediately because the system would not be able to cope.
The maximum rate at which deductions can be made from UC payments to repay an advance will be reduced from 40 per cent to 30 per cent of the standard allowance, but only from October.
And the period over which UC advance payments can be recovered by DWP will be extended from 12 to 16 months, but only from October 2021.
Labour’s Ruth George told Couling and Will Quince, the junior minister for family support, housing and child maintenance: “If these are things that need doing, surely they need doing now for the 840,000 households that are suffering deductions at this moment now and the further 1.5 million that are likely to be suffering them by this time next year.”
Couling and Quince had been called to answer questions about evidence taken by the committee on the link between UC and an increase in “survival sex”, or sex in exchange for money to help meet claimants’ most basic needs.
Couling said the number of people receiving UC was now growing by 130,000 a month so the only way he could introduce changes would be by scheduling them “carefully”.
Quince added: “There’s not another week goes by that I don’t ask [Couling] for another change to UC and you see his head goes into his hands as I ask for another request.”
He added: “The system can only accommodate so many changes at one time.”
But George said: “Do you not understand that the actual claimants are the people whose heads are in their hands because they don’t see a way out of the situation?
“I’m sorry, but that answer is not good enough.”
Couling replied: “Our absolute priority has to be the maintenance of the system.
“There are currently now two million people on it and they depend on payments every month from that and I’m not prepared to take steps that will jeopardise that despite the fact that I would like to introduce these changes quicker than we can.”
13 June 2019
The largest single archive of material detailing the birth, growth and impact of the disabled people’s movement in the UK over the last half-century will be launched in Manchester next week.
The GMCDP Archive consists of about 160 boxes of documents, books, photographs, posters, badges, magazines, newspaper cuttings, postcards, reports and even tee-shirts, some dating back to the late 1960s.
The project began 14 years ago when Greater Manchester Coalition of Disabled People (GMCDP) conducted a feasibility study on setting up a national archive of documents and artefacts connected with the disabled people’s movement.
This led to “spontaneous” donations of material, both by disabled people and disabled people’s organisations (DPOs), a flow of items which continues today.
That material has now found a home in Archives+, a purpose-built centre for archives and family history set within Manchester Central Library.
Most of it will gradually become open to the public, although permission from GMCDP will be needed to view some of the papers, while a few will remain confidential.
An archive of material from the Union of the Physically Impaired Against Segregation (UPIAS) – which played a hugely-significant role in the birth of the movement – will also be deposited with Archives+, alongside the GMCDP archive.
GMCDP said the UPIAS archive would be deposited due to the hard work and dedication of Tony Baldwinson, a long-time ally of the disabled people’s movement and husband of the late Lorraine Gradwell, a GMCDP co-founder.
As well as offering a permanent home for the artefacts, Archives+ has provided support with cataloguing and preserving the archive, working alongside Linda Marsh, GMCDP’s archive development worker.
But only a small part of the archive has been catalogued, and GMCDP is hoping to secure funding for further work.
Archives+ has estimated it will take a full-time worker 18 months to catalogue the entire archive.
Marsh said they had only “scratched the surface” of what was in the archive, with about 20 of 160 boxes of material summarised so far.
She said: “Even if it’s with unpaid volunteers, it will continue. The commitment is within GMCDP and Archives+ to push this forward.”
Part of the reason for the launch is to highlight the importance of archiving important material about the movement.
Marsh said: “It’s just making people aware that we need to preserve this history.
“It’s so important. Every time somebody dies, we lose what’s in their head.
“And quite often we lose the artefacts that they had as well. It’s not just papers, it’s the badges, tee-shirts, postcards, books. Anything that shows our history is really important.”
She added: “It’s important because, as disabled people, we have made such a significant impact on society in the last 30 years.
“We recognise it ourselves in the movement, but it’s not as recognised in the mainstream as some other aspects of social change.
“It’s just so important to preserve this for our own knowledge and our ability to see our own identity and where we have come from, particularly for disabled people in the future.”
She said the documents she has been most excited to uncover were hand-written planning notes for a rally in Manchester of the Disability Benefits Consortium in 1991, along with the parking permit for the van that was carrying the stage for the event.
She said: “It’s all well and good having photographs and postcards, they look really good, but what the archive has is the background detail.”
If there is one document she would like to find, it is something from a black disabled people’s organisation called Spectrum that she remembers from the 1990s.
She said: “There is such a lack of DPOs now that are specifically for black and minority ethnic people, it would be a shame if the knowledge of what went before was to go.”
Marsh is keen for disabled people and DPOs to donate or loan more material from the archive to GMCDP, or to identify an archive in their local area.
And she issued a plea to DPOs to look after their archive material and not throw it away.
She said: “Whatever your organisation is doing, whether it’s a protest or a letter to your MP or organising a lobby of MPs, don’t throw anything away.
“If you’re storing it electronically, store it in at least two places, preferably three. Don’t think that things aren’t worth keeping.”
The launch on Wednesday (19 June) will include speeches from Judy Hunt, wife of the late Paul Hunt, UPIAS co-founder in the early 1970s; Martin Pagel, a GMCDP co-founder and former deputy leader of Manchester City Council; and Deaf actor and activist Ali Briggs, best-known for playing Freda in Coronation Street.
For more details of the launch, visit GMCDP’s website.
13 June 2019
A regulator failed to find a single nurse “not fit to practise” despite more than 220 complaints about face-to-face disability benefit assessments carried out for government contractors, its own figures have revealed.
The Nursing and Midwifery Council (NMC) figures show it dealt with 224 complaints about the way nurses carried out personal independence payment (PIP) assessments and work capability assessments (WCAs) in 2016 and 2017.
But not one of those complaints led to the regulator concluding the assessor was not fit to continue to work as a nurse.
In 2016, of 88 complaints dealt with, 87 were closed in the initial “screening” process and one nurse was found to have “no case to answer”.
The following year, of 136 complaints, 129 were closed in screening, four nurses were found to have no case to answer, while one led to the conclusion that the nurse’s fitness to practise was not impaired, and two complaints had not been concluded.
Only two months ago, the Professional Standards Authority (PSA) said it had found widespread mishandling by NMC of complaints it had received about the way nurses had carried out PIP assessments.
PSA found a string of failings, including a refusal to consider all the concerns raised by complainants.
It also found that NMC relied on the findings of government PIP contractors Atos and Capita to justify closing cases about their employees, and failed to consider crucial documentary evidence, often ignoring the evidence of the person who had lodged the complaint, and failing to ask them for further information.
NMC also told some complainants that the role of PIP assessor was not relevant to the nurse’s fitness to practise, unless it involved dishonesty.
The new figures suggest NMC’s problems extend to complaints about nurses who have carried out WCAs on behalf of the government contractor Maximus.
Disability News Service (DNS) spent months investigating allegations of dishonesty by PIP assessors in late 2016 and throughout 2017, hearing eventually from more than 250 disabled people in less than a year about how they had been unfairly deprived of their benefits.
It continues to receive such reports today, more than two-and-a-half years after the investigation began.
NMC released the new figures under the Freedom of Information Act to Andrew Hill, from Norfolk, who has himself lodged a complaint with the regulator about the nurse who carried out his face-to-face PIP assessment in 2017 on behalf of Capita.
An appeal tribunal found the nurse had been “unreliable” and that her “incorrect and inaccurate findings” about his mental health condition contributed to him having his benefits cut.
Hill has diabetes, and has had one leg amputated, and has further serious diabetes-related impairments which are “fluctuating and unreliable” and have left him with significant support needs.
He had asked for a reassessment of his PIP because his health had deteriorated and he had lost his partner and carer.
But the nurse’s assessment instead led to him losing his PIP enhanced rate of mobility, as well as points on his daily living component – for which he had previously been granted the standard rate.
A subsequent mandatory reconsideration of its initial decision by the Department for Work and Pensions restored him to the enhanced mobility rate of PIP but left his daily living component unaffected.
An appeal tribunal last July allowed his appeal and confirmed his enhanced rate of mobility as well as awarding him the enhanced rate of PIP daily living for the first time.
Meanwhile, he has lodged a complaint with Capita and the NMC about the nurse who assessed him.
NMC is still investigating his complaint. Capita has not yet ruled on his complaint against the nurse.
Matthew McClelland, NMC’s director of fitness to practise, said: “After the PSA published its report, we acknowledged that our approach to PIP-related cases fell short of what is expected. We didn’t get things right and I am sorry for that.
“Since 2018, we have taken action to address these concerns. We have reviewed our processes, improved our quality checks, and enhanced management oversight of cases.”
DNS has now asked for NMC’s 2018 figures through a freedom of information request.
13 June 2019
A bus and tram company has been criticised for an “indefensible and shocking” failure to comply with a high-profile Supreme Court victory on the rights of wheelchair-users to use buses.
Blackpool Transport has now been forced to back down after being challenged about information on its website that describes the company’s policy on access to the wheelchair spaces on its buses.
In January 2017, the Supreme Court ruled that another bus company had breached its duty to make reasonable adjustments for disabled people under the Equality Act through its “first come, first served” policy on the use of wheelchair spaces.
It was the first case of disability discrimination in service provision to be heard by the country’s highest court, and the victory followed a five-year legal battle by accessible transport activist Doug Paulley.
The company says on its website: “Some of our buses have space for only one wheelchair user or one pushchair however much of the new fleet is designed to have space for a wheelchair user and a pushchair.
“Neither wheelchair users or pushchair users have priority over the other.”
Paulley said this was “indefensible and shocking” and he was backed up by Chris Fry, of Fry Law, the solicitor who represented him throughout his legal battle, who said on Twitter that “wheelchair users DO have priority over pushchairs” and added: “Drivers should do all possible to remove people from the space apart from throw them off.”
Stephen Brookes, the minister for disabled people’s rail sector champion for disability, a former non-executive director of Blackpool Transport, also criticised the company.
He stressed that he was speaking for himself, as a disabled user of public transport, and not on behalf of the government.
But he said: “The Blackpool Transport website written policy is not appropriate and needs rewriting to take into account wheelchair requirements on buses, which should be in line with national aims, and more importantly in line with the actual operational signage on the company’s buses.
“It is sad that the work of several disabled people and groups in face-to-face training and awareness-raising, leading to successful outcomes, has been put at odds by incorrectly written website ‘policy’.”
Brookes insisted that bus drivers and other staff in Blackpool were “really on the ball” on access issues and that he believed the problem was with the written document on the company’s website and not the situation on the ground.
Jane Cole, managing director of Blackpool Transport, told Disability News Service that the wording of the information on the company’s website would be changed.
But she claimed the current wording was just “misleading” rather than wrong and that the problem was only with “the way it was worded”.
She claimed the company’s policy had always been that wheelchair-users have priority use of the spaces.
She accepted that the website should make it clear that wheelchair spaces are “a priority for wheelchair-users”, and she said that the wording would be changed “quite soon”.
Following the 2017 Supreme Court ruling, the Department for Transport (DfT) set up a group of advisers, who produced recommendations for action.
DfT welcomed the recommendations “in principle” in March 2018 and announced a further consultation with “a view to bringing forward a package of measures” later in 2018.
But 15 months later, it has still not produced those measures.
A DfT spokesperson said more information on the measures would be released “in due course”.
She said: “We want everyone to be able to use our bus network, and expect operators to comply with relevant legislation.”
But she said it would be “inappropriate” for the government to comment on the policies of individual operators.
She said that 98 per cent of buses in Britain now had a wheelchair space, a boarding ramp or lift and other access features, but “we know there is more to do, which is why our Inclusive Transport Strategy sets out plans to make the entire transport network accessible by 2030”.
13 June 2019
News provided by John Pring at www.disabilitynewsservice.com