Join the Socialist Party Join us today!

Printable version Printable version

Facebook   Twitter

Link to this page: https://www.socialistparty.org.uk/issue/646/10585

From The Socialist newspaper, 11 November 2010

Attacks on disabled people's rights

Disabled people protest against cuts, photo S Civi

Disabled people protest against cuts, photo S Civi   (Click to enlarge)

A recent Observer exposť of the implications of Con-Dem cuts on one London borough described a nightmare scenario.
"Streetlights will be switched off at night ... Home repairs for council tenants will be refused. Libraries and children's centres will close ... Fees for swimming and sports will increase. And luncheon clubs for pensioners, playgroups for children, youth clubs and breakfast clubs will all be cancelled."
Age UK released figures showing that even a 7% cut in adult social care would mean 250,000 fewer people receiving care in their homes.
Here a disabled socialist gives an example of the conditions already faced by those in need of support.

A RECENT Court of Appeal judgement gives the green light to councils to reassess all disabled and older people's existing care packages, and in some circumstances compel service users to, against their will, adopt approaches to personal care that will reduce their need to use personal assistants or care workers.

The details of the case also demonstrate the negative impact the underfunding of social care by successive Tory and New Labour governments is having on the lives of disabled people and their families.

The case concerns the social care needs and rights of Elaine McDonald, a 67 year old who lives in the Tory controlled borough of Kensington and Chelsea.

She was a principal ballerina at the Scottish Ballet in the 1970s and 1980s and an artistic director at the Northern Ballet Theatre. The Thatcher government awarded her an OBE in 1983.

In 1999 Elaine had a stroke, after which she had to use a wheelchair when outside her home. Following the stroke, her partner Donald cared for her at home.

In 2006 Elaine fell at night and broke her hip. After she returned home, she fell two more times and on each occasion had to be hospitalised.

Also in 2006 the strain of caring became too much for her partner and he was hospitalised. After this, he was rehoused and has lived separately from Elaine ever since.

But he has had to help Elaine for three nights a week during her court battle for a judicial review of her council's decision to withdraw services.

The conflict is centred on a dispute about whether Elaine should be allowed to continue using care workers to help her with a commode during the night, or whether this support can be withdrawn by Kensington and Chelsea council.

This would compel Elaine to either use an incontinence pad or special absorbent sheeting. Elaine believes the council's alternatives are unacceptable and an affront to her dignity because she is not incontinent, but simply needs to use a commode at night because of a bladder problem and needs help to avoid falling.

Following her third stay in hospital, Elaine's council gave her an interim care package. From March 2007 she received some support during the daytime and ten hours help at night, seven days a week.

But when an application to the national Independent Living Fund (ILF) that was designed to split the £703 cost of Elaine's package failed, the council decided through a reassessment that her need was for help with urination at night and not a specific need to use a commode, therefore pads or sheets would be an acceptable way of meeting this need.

In October 2008 Kensington and Chelsea 'offered' Elaine a care package of £375 a week for daytime support, and £75 a week to employ a care worker to help fit incontinence pads at bedtime.

During the subsequent court cases, the council 'compromised' and only withdrew three nights support pending a legal judgement.

Finance over needs

Disabled people protest against cuts, photo S Civi

Disabled people protest against cuts, photo S Civi   (Click to enlarge)

The refusal of Lord Justice Rix to grant a judicial review is largely rooted in the House of Lords Gloucestershire Judgement of 1997. This allows local authorities to consider their financial position when deciding what assessed needs they will meet.

In 1998 the disabled Labour peer Jack Ashley tried to introduce a law to overturn the Gloucestershire Judgement. But the Blair government refused to use its Commons majority to support him, aware that such a law would require the investment of many billions more in social services every year.

This failure then paved the way for a 1998 legal judgement that gave Kirklees council the right to consider cost when choosing between different ways of meeting a need - the precedent used to justify telling Elaine McDonald she has to use incontinence pads against her will.

One striking point made by Rix is that other disabled people in the Kensington and Chelsea area who are not incontinent have accepted the option of pads, sheets or convenes overnight, and that to support Elaine's use of care workers at night would be to give others the right to £22,000 extra support a year.

Elaine's lawyers tried and failed to successfully argue that the Disability Discrimination Act, Human Rights Act and UN Convention on the Rights of Persons with Disabilities support her right to make her own choices. What are seen as safeguards by many disabled activists will be mere paper tigers in the 'age of austerity'.

The disabled people's movement must now mobilise to defend Elaine McDonald's rights, linking up with anti-cuts campaigns in every area. A defeat for her is a defeat for all disabled people.

Why not click here to join the Socialist Party, or click here to donate to the Socialist Party.


In The Socialist 11 November 2010:


Socialist Students

£9,000 student fees: we won't pay!

No to £9,000 tuition fees: Fight for your future!

Ireland: Largest student protest in a generation


Anti-cuts campaign

Stop the Con-Dems' slave labour scheme

What the capitalist cuts really mean

National Shop Stewards Network: Anti-cuts conference


Socialism 2010

Socialism 2010: An inspirational weekend


Youth

Youth Fight for Jobs and Socialist Students conference

Leeds: Stop the closure of Union Books

Goldsmiths students occupy town hall


Socialist Party editorial

London firefighters' dispute: the fight is not over

Massive anger must be organised into coordinated trade union action


Socialist Party workplace news

London tube strike - picket line reports

BBC staff fight for pensions: picket line reports

Protest at law centre closure

Fight the mail centre cuts


Socialist Party news and analysis

Vendetta continues against Tommy Sheridan, socialist fighter

Angry campaigners discuss Stroud fightback

NHS - workers looking for a fighting lead

Fast news


Socialist Party feature

Attacks on disabled people's rights


International socialist news and analysis

Scotland: potential to build a mass movement against cuts

US elections: Bankruptcy of Democrats leads to spectacular fall


Socialist Party review

Review: Call Mr Robeson: A Life, with Songs


 

Home   |   The Socialist 11 November 2010   |   Join the Socialist Party

Subscribe   |   Donate  




Related links:

Disabled:

triangleWaltham Forest Universal Credit protest

triangleChatsworth ward campaign replies to Tory MP's intervention

triangleUN slams Tories for disabled rights ruin

triangle'Freedom riders' lobby against violent policing

Cuts:

triangleBradford Socialist Party: A strategy to defeat the cuts

triangleScene set for TUSC conference electoral debate

triangleHaringey: now's our chance for a no-cuts council

triangleBristol anti-cuts campaigners debate alternatives to the cuts

Council:

triangleBuilding the campaign against clearances of the working class

triangleNo fudge with the right wing

triangleNorth London Socialist Party: When Liverpool council defied the Tories

Care workers:

triangleBrum care workers protest council attacks

triangleHome care workers to strike

Libraries:

triangleBallots against Bromley privatisers

Reports and campaigns

Reports and campaigns

19/2/18

Walthamstow

Building the campaign against clearances of the working class

16/2/18

Haringey

No fudge with the right wing

15/2/18

TUSC

TUSC statement on sentencing of Derby TUSC agent

14/2/18

Haringey

Haringey protests HDV - but Labour fails to kill it off completely

14/2/18

UCU

Uni strike: coordinate public sector fightback

14/2/18

Cardiff

Enjoyable and successful Cardiff Refugee Rights gig

14/2/18

Carlisle

Carlisle debate - socialism or social democracy?

14/2/18

Firefighters

Staines fire services saved

14/2/18

Surrey

Threat of action defeats pay cut at Surrey council

14/2/18

Woolwich

Woolwich Crossrail walkouts to demand promised bonuses

14/2/18

London

Sadiq Khan's bus drivers' London licence doesn't go far enough

14/2/18

Mansfield

Stop press: victory - campaign saves NHS rehab ward

8/2/18

Newham

Teachers strike again as anti-academy pressure mounts

7/2/18

Unison

Unison national women's conference

7/2/18

Royal Mail

Royal Mail forced back under threat of action

triangleMore Reports and campaigns articles...


Join the Socialist Party
Subscribe to Socialist Party publications
Donate to the Socialist Party
Socialist Party Facebook page
Socialist Party on Twitter
Visit us on Youtube

LATEST POSTS

CONTACT US

Phone our national office on 020 8988 8777

Email: info@socialistparty.org.uk

Locate your nearest Socialist Party branch Text your name and postcode to 07761 818 206

Regional Socialist Party organisers:

Eastern: 0798 202 1969

East Mids: 0773 797 8057

London: 020 8988 8786

North East: 0191 421 6230

North West 07769 611 320

South East: 020 8988 8777

South West: 07759 796 478

Southern: 07833 681910

Wales: 07935 391 947

West Mids: 02476 555 620

Yorkshire: 0114 264 6551

ABOUT US

ARCHIVE

Alphabetical listing


February 2018

January 2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

2006

2005

2004

2003

2002

2001

2000

1999