PIP Judicial Review given the go ahead

The court gave the go ahead on Friday the 3rd of May for the legal challenge against PIP to proceed to a full judicial review.

justice - lawyersitesThis decision represents a big step in the process as it means that a judge has heard from both my own lawyers and the Department of Work and Pensions and has decided that the case has enough merit to proceed to a full hearing in July.

Although the case was initially brought by three people through two different solicitors (Two people in conjunction with We Are Spartacus and one separately) the DWP have convinced the court to put two of the cases on hold and to proceed with only one case. Our lawyers have agreed that my case is the best one to proceed to a full judicial review. Solicitors for the other two cases will be watching my case and will request to rejoin the proceedings should they have something different to add.

We Are Spartacus: High Court gives green light to PIP legal challenge

A Latent Existence: Why I am suing the government

Tumblr: Why I am suing the government (Quick version)

Why I am suing the government

I receive Disability Living Allowance. DLA provides help for people who are disabled to live a normal life on a more equal footing. DLA provides two components, care and mobility, that pay for carers, cars, wheelchairs, but also taxi fares, pre-prepared food, adaptations for the home, and many more things. I asked people on Twitter what they use their DLA for and you can read their answers on Storify.

The Welfare Reform Act replaces DLA with Personal Independence Payments. Under PIP eligibility for the highest rate of help with mobility has been drastically reduced, from 50 metres to 20 metres and I fall right in the middle of those two. If I do not qualify for the enhanced rate of mobility then the biggest change is that I will no longer be eligible to lease a car from the Motability scheme. That means that I will have to rely on my wheelchair and public transport for every trip to the shops, to the doctor, to the hospital, and that means that every trip will turn into an far longer ordeal of exhaustion and pain that will leave me stuck in bed for hours or days afterwards. It means that I will only go out for the essential trips and will stay isolated the rest of the time and that will affect both my physical and my mental health. DLA is paid to disabled people regardless of whether they work or not, and in fact it enables a lot of people to get to work. If I were ever to return to work then it would be the help from DLA that got me there. Without it, I don’t stand a chance.

I am one of three people, likely to be badly affected by the change, that is taking the government to court and asking for a judicial review to declare the consultation invalid.

Jane Young of wearespartacus.co.uk did a huge amount of work to start the legal action, finding lawyers to take the case pro bono, finding people willing to put themselves in the firing line and put their name to the case. A call for volunteers was made through blogs and social media (Social media being a lifeline for isolated sick and disabled people) and lawyers picked those with the best case from about 50 volunteers. Although I volunteered early on I was not initially involved until one of the other people withdrew for personal reasons. This meant that I was brought in to the process at a late stage and had to rush through the paperwork. Even with a solicitor doing most of the work I had to work with her over the phone to produce my statement and I had to read and sign an awful lot of pages, each of which had to be emailed, printed, signed, scanned and both posted and emailed back because of time constraints. All very draining stuff for a sick person.

Some have criticised us because the legal case focuses on one part of PIP and didn’t cover mental health, among other things. Believe me, if I could have taken the government to task over all the other aspects of PIP I would have done. (Not least because I have mental health problems myself.) As it happens I was in the right place at the right time to take on this particular aspect and so that is what I have done. Unfortunately it isn’t possible to just go to court and tell them that PIP is rubbish, we had to specify exactly how the law was broken and attacking just this one aspect has been a lot of work for the people involved.

If we are successful in the judicial review then the consultation will have to start all over again with the 20 metre limit rather than the 50 metres mentioned in the first consultation. However, given the arrogance of the government I see no reason why they would pay attention to a new consultation any more than they paid attention to the one that they already did. I see this judicial review as a tool to give time to shine a spotlight on the injustice of PIP and bring attention to the arrogance of the government rather than the ultimate goal in itself. I think it will be public pressure that will change this policy, and the judicial review could be instrumental in bringing that about. I believe the best result would be if the government dropped PIP and kept DLA.

My solicitor, Karen Ashton from Public Law Solicitors explained the legal case to BBC West Midlands:

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For the official press release and contact details for enquiries please see my announcement about the case.

Replacement of disability living allowance headline news for hours

The replacement of DLA with PIP was the main story all morning until cruelly kicked from the headlines before the evening news. Here are some collected clips and links.

Steven Sumpter on Sky News – Video (Main headline all day)

Steven Sumpter on LBC Radio at 08:05


Margo Milne on LBC Radio at 08:15


Sue Marsh on 5 Live at 09:05


Sue Marsh on Radio Leeds at 09:50


Steven Sumpter, Ema, Kaliya Franklin and Sophie Christiansen on 5 Live at 10:35

With Stephen Duckworth of Capita


Rebecca on on BBC WM

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The Guardian - Three disabled claimants launch legal action against new mobility tests

The Independent - Ed Miliband attacks ‘nasty’ George Osborne as DWP faces court challenge over benefit reforms

Ed Miliband criticised the government’s welfare policies but still fails to understand what went wrong with the work capability assessment

Sue Marsh has attempted to combat some of the lies the government tell about DLA

I’m one of three people taking legal action against the DWP over the PIP consultation

Labour People’s Policy Forum

People who read my rant about The Labour Party last week will be surprised to know that yesterday I attended the Labour People’s Policy Forum in Birmingham and put questions to Labour MPs. I won’t be voting Labour any time soon but for all of the past actions and the betrayal of Labour, they are likely to be in power in 2015 and so I jumped at the chance to influence their next manifesto.

Caroline Flint, Maria Eagle and Mary Creagh

I put questions to Caroline Flint, Maria Eagle and Mary Creagh about income security and benefits. I wasn’t particularly thrilled by the answers but I was pleased when Maria Eagle told me that demonising disabled people was the worst thing that the government had done. I also asked them if they would ever consider basic income but the answer was politician-speak for “no”. (It took a few more words than that.)

In another forum Emma Round managed to get a round of applause for suggesting that Labour should apologise for ESA, the work capability assessment and Atos.

Ed Miliband at the People's Policy ForumThe main event of the day was a Q&A session with Ed Miliband. The audience was made up almost entirely of people who were not members of Labour, which I think was a brave decision especially since the first few questions were very angry. It opened with a demand that Labour challenge the Welfare Reform Act, calling it an insult to a developed country and an assault on its people. The second speaker gave a call to protect the NHS, saying “I work in the NHS, I believe in the NHS but next week I won’t BE in the NHS, I’ll work in public health. Come next week everything that we do and across the NHS is going to go out to tender.” These sentiments got applause and agreement from the audience. Questions followed about education, jobs, equality and much more.

Eventually I got to ask the question which had brought me there through the snow and despite the two hours of awful driving conditions and the resulting cost to my health. I asked Ed Miliband to scrap Personal Independence Payments and keep Disability Living Allowance. I’m afraid the answer was as vague and meaningless as I expected, but I am glad that I got to put the question to him in a public forum.

My question to Ed Miliband

Watch the whole Q&A session with Ed Miliband

The show starts about 44 minutes through the video.

uklabour on livestream.com. Broadcast Live Free

Telling the full story of benefit changes

Mainstream media has shown very little interest in covering the coming changes to benefits and the impact that this will have. There is an occasional segment on TV news and a few more newspaper articles but even after two years of campaigning few people realise what is actually happening. The common reaction is disbelief and accusations of scaremongering and exaggeration.

My idea is to create an hour long documentary film using all the professional tricks to make it compelling and informative so that it conveys the full impact of the changes hitting people who live on benefits, whether unemployed, disabled or low-income. It would use personal stories, graphics, commentary, interviews and music to tell the story. The film does not have to convey a political message, only the reality of the changes. Any positive changes that can be found should be included too. I believe that even if made as unbiased as possible the film will be devastating in its message.

To get mainstream appeal the film could be narrated by and feature interviews with celebrities, with well-known paralympians potentially being the best choice but others too.

While a spot on television would be the ideal, these days a film on YouTube can get millions of views – potentially more than would see on TV. An online campaign using very short clips and hashtags could attract viewers. To raise the chances of it being seen on TV a ten minute version could be made using materials from the full version and sent to TV stations everywhere.

I’ve noted some of the steps that I think will be required. They’re not necessarily in any particular order.

  • Find a suitable name and some introductory branding
  • Create a website for the film
  • Crowdsource a list of all benefit cuts, eligibility reductions, care and service cuts and the impact of all this.
  • Start an awareness campaign on social media to get people involved.
  • Ask people to submit short clips through Vine and YouTube telling their stories and what they expect to happen. Clips can be recorded with smartphones or webcams. Gather these clips under a hashtag on twitter.
  • Raise funds through donations  for travelling to record interviews.
  • Interested parties meet to discuss content. Further meetings where appropriate in later steps.
  • Record interviews with celebs.
  • Follow up personal stories for better recordings.
  • Create graphics and animations to explain the changes.
  • Edit together a draft version of the film.
  • Record narration of the changes.
  • Create transcripts and subtitles.
  • Meet up physically and make a final version of the film.

This is all very much at the ideas stage, please comment with your views, suggestions, offers of help etc. Lets make this happen!

If you can only walk twenty metres you’ll get no help

20m in the house of commonsWhen PIP starts to replace Disability Living Allowance next year anyone who can walk just twenty metres will not qualify for help with mobility. Twenty metres is less than the distance most of the disabled parking bays at my local Tesco are from the door. It’s really not much. Hundreds of thousands of people will no longer get a mobility allowance and as a result will no longer be eligible to lease a Motability car. One day it might be you that needs this.

The government has also left out the phrase “safely, reliably, repeatedly and in a timely manner” from the PIP regulations. This means that if a person can do something just once, or can push through pain to do it, they might not get help and can’t even challenge it at tribunal.

These are just two of the largest problems. Please write to your MP and ask them to fix this urgently. I can’t stress enough how urgent this is. You can contact your MP at Write To Them

There is lots more information at We Are Spartacus.

Please also sign the (Stop the) War On Welfare petition which is calling for government to do a cumulative impact assessment on welfare reform. A great many changes are being made all at once and yet the government have not stopped to consider how they will affect people when taken all together.

This is the message that I sent to my MP, you can use mine as a starting point for your own if you are stuck. Remember that MPs pay more attention to unique messages.

Dear xxxxxxx,

I am writing to you about the new Personal Independence Payments (PIP) which will soon replace DLA. It has emerged following the publication of the PIP regulations last week that there are many problems with the regulations, two of which are extremely serious.

Under PIP a person who can walk just 20 metres will not be eligible for the mobility component of PIP. That is an astonishingly short distance. Even the closer disabled parking bays at my local Tesco are twenty metres from the entrance. This decision will deny mobility allowance to hundreds of thousands of people who rely on it, and an estimated 100,000 people will lose their Motability cars in the first year alone as a result.

I also note with alarm that the phrase “safely, reliably, repeatedly and in a timely manner” has not been included in the regulations. This phrasing is extremely important, since a person may be able to do something once but then not again for hours – effectively meaning that the activity cannot be done, but PIP will take no account of that.

Government ministers claim that the vulnerable will be protected. I hope that you can see why I am so concerned about PIP and how this will leave people trapped in their homes without transport and denied support for even the bare minimum of activities that they must perform. Please can you give me your assurance that these regulations will be amended so that disabled people can continue with their lives.

Sincerely,

[Name and address]

 

PIP resources

Yesterday the government released the final regulations for Personal Independence Payments. I haven’t absorbed enough detail to do a full blog post on this yet but these are some useful links related to it.

 

Read the new regulations: The Social Security (Personal Independence Payment) Regulations 2013

The new distance past which you are considered not to need assistance to walk is 20 metres. Jane Young has written a blog post on the results of this alarming regulation. Well over 100,000 to lose Motability vehicles under draconian new rules

 

The Government’s response to the consultation on the Personal Independence Payment assessment criteria and regulations

Watch the recording of the announcement of the regulations in Parliament (Jump to 11:19) or read the transcript

DWP: Personal Independence Payment – information for support organisations and advisers

 

What’s the difference between 1930s Germany and modern-day Britain?

Before we start I would like to point out that I am not a historian and I am not a sociologist and as such I have done my best to present the information here as I understand it. With that out of the way, I’ll start with an overview of how disabled people were treated in Germany during WWII.

1930s Germany

Nazi Euthanasia Propaganda

A poster about how expensive disabled people are.

The Aktion T4 programme ran in Germany from 1939 to 1945. In the 1920s  Alfred Hoche and Karl Binding, part of an extreme eugenics movement, advocated killing those who were judged to have “life unworthy of life.”  In the 1930s there were huge cuts to state institutions causing overcrowding and Nazi propaganda emphasised the cost of caring for mentally ill and disabled people. In 1939 parents of disabled child Gerhard Kretschmar wrote to Hitler to ask him to permit their child to be killed. Hitler agreed and immediately set up a committee whose job was to organise more such murders – Aktion T4. When the war started parents were told that their mentally ill and physically disabled children were being sent to special treatments centres. In fact they were murdered without the knowledge of the parents. The programme was soon extended to adults, starting in Poland then in Germany. Throughout the programme Hitler knew that there would be huge opposition to such killing and so he never put his orders in writing. The one exception was a secret letter written to authorise the formation of the Aktion T4 programme, mainly because his justice minister would not cooperate without one. The programme operated in secrecy until it was too late for most people. Under the programme at least 200,000 disabled people were murdered over six years, either through lethal medication, starvation or gas chambers.

Modern Britain

Now we jump forward to Britain today. The events I describe in the paragraph above are unthinkable. No government minister, no tabloid newspaper, no man in the street would advocate such things, right?

That’s not quite true though. Most of the pieces are in place. We have propaganda pushing the idea that sick and disabled people are scroungers, workshy, lazy. This propaganda is coming from government ministers, their special advisers, and tabloids like the Daily Express, The Sun, the Daily Mail. Even broadsheets like the Times and the Telegraph have contributed. Such propaganda has even been raised by MPs in the Work and Pensions Select Committee and ministers told to stop. The propaganda is working too, with hate crimes against disabled people up in vast numbers.

We have many people fighting to legalise assisted suicide, inadvertently promoting the idea that life for some people is not worth living. Sure, we’re only asking for voluntary euthanasia, but what other factors might be in play? Pressure to stop being a burden, financial problems, cuts to care all contribute to a desire for death. If euthanasia becomes legal what is to stop people from being pushed to kill themselves? It may be overt or it may be through suggestion and through making their lives hell. (This is more my fear of how it could go wrong than any judgement on my part for or against euthanasia.)

We have cuts to local authority care budgets, starting in Worcestershire, that mean anyone whose care costs more than sending them to an institution will lose some care. The politicians argue that it’s a choice because people can choose to move to a care home or to cut some of their care provision. But what to cut? Eating? Washing? Dressing? Using a toilet? We have already seen people lose in court after fighting to not have to wear a nappy. Adults are expected to soil themselves rather than get help to use a toilet. We have also seen the loss of the independent living fund. The net result is loss of care or institutionalising people. Most care homes are run by private companies and neglect does not seem uncommon. I think more abuse and neglect is likely especially when companies are cutting costs because they have underquoted better homes.

We have sick and disabled people being  judged as fit to work and told to claim job seeker’s allowance and look for work, and we have even more seriously sick and disabled people being placed in the Work Related Activity Group. Both groups are subject to The Work Programme where they are expected to undertake unpaid work experience for large companies, and government plans are to make such work placements of unlimited duration. Work makes you free.

Under these plans anyone who is seen to not be cooperating with The Work Programme and other work related activities will see their benefit income slashed. Those on Job Seeker’s Allowance can have their entire allowance removed entirely for weeks, even six months. Those on Employment Support Allowance (e.g. too sick to work) will see three quarters of their allowance removed. Of course anyone who has been judged as fit to work or has been placed in the WRAG is expected to be capable of going on work placements even if their assessment was wrong and they are waiting a year for an appeal, and even if people are seriously harmed by trying to work. The result is that those who don’t destroy themselves trying to find jobs that don’t exist or going to endless work placements will instead not be able to afford food, clothes, fuel bills, rent and more. Many will be able to use food banks but some will not be physically able to get to them and food banks rely on charity from other people who are struggling too.

The result

Is it such a large step for disabled people to be dying? No. It’s already  happening. Reports in April claimed that 1,100 people had already died after being placed in the work related activity group. That’s more than thirty people a week. This is what Chris Grayling calls “Tough love.”

Some government ministers make policy decisions without thinking about the consequences of what will happen in practice. Others are fully aware of what will happen and just don’t care. Either way, they are often covered by claiming that their policy in itself does not harm people, even though the flaws with implementation allow people to fall through the net and come to harm. Government ignore evidence. They dismiss statistics, they blame the previous government, they claim that processes are being sorted out now, they claim that any harm is the fault of the sick or disabled or unemployed individual. The Government are hiding behind Atos and A4e who are “just carrying out orders” but they way they carry out those orders makes things even worse. Government ministers have the same attitude as many other people in power – they can say “make it happen” and the minions do the dirty work.

In 1930s Germany the government themselves ordered the rounding up and the killing of disabled people. In modern-day Britain the government can claim that it is not their fault, even that it should not happen, but private companies and the chasm of bureaucracy between various government departments are what kill people. Starvation, homelessness and neglect are what will kill people. The implementation is different and the scale is different but the attitude and the outcome are the same.

 

Further Reading

Godwin’s law must die [A Latent Existence]

Action T4 [Wikipedia]

Disabled benefits claimants face £71 a week fines for breaching work plan [The Guardian]

32 die a week after failing test for new incapacity benefit [Mirror]

Early day motion 295 [Parliament]

Work-or-starve plans for seriously ill welfare claimants might backfire [Eklesia]

Past Caring? [We are Spartacus]

 

Help We Are Spartacus respond to the PIP consultation

We Are Spartacus: PIP Consultation

The government are carrying out a consultation about Personal Independence Payments, known as PIP, which will replace DLA from next year. The consultation is our chance to tell the government what is wrong with PIP, and it could determine who qualifies for help and who does not. We Are Spartacus have come up with a survey which will help them write a group response to the consultation. Please help them by taking a few minutes to answer their survey. The survey assumes that you have seen the draft PIP descriptors, so if you have not please head to the We Are Spartacus website and have a look through the Unofficial Guide to PIP Consultation.

Read the unofficial guide to the PIP consultation

Take the We Are Spartacus PIP Consultation Survey

 

 

 

 

 

Welfare Reform Bill Will Be Made Law But It’s Not The End

Pseudodeviant

This is a guest post written by @pseudodeviant who blogs at pseudo-living.blogspot.com

 

 

 

So that’s it.
Tonight Lord Best forwarded an amendment to the WRB, asking that the government did detailed research on the impacts of the bill so that if it does – as many fear – cause more harm than good it can be dealt with quickly.

Lot’s of Lords spoke in support but eventually Lord Freud convinced the Peer that his amendment was not necessary and Lord Best withdrew. Now there will be no more ping-pong between the Lords and the Commons. The bill will become law. It just has to get Royal Assent, and that is a given.

It’s so sad to think that all the amendments put forward to help those who are vulnerable have systematically been denied by a blinkered government waving ‘finacial priviliage’ at any hint of Lords opposition.

Is this the end? No.

The big fight is just beginning.

Lawyers and Human Rights specialists are gearing up to fight it as are we. Remember the Poll Tax made law but was eventually defeated. We can work towards more protests and direct actions in the coming year.

The PIP consultation is currently ongoing so we have a chance to mitigate some of the damage it might cause. Go to wearespartacus.org.uk and you will find easy read documents, help and a sheet you just have to fill in to send off to the DWP so your voice is heard. There is even a forum you can join to get help and meet others like you. I’m making the most of it ;-)

In a year and a bit we’ll have another general election and we can show the government exactly what we think of them. We’ll also have had our chance to get our stories out nationally by then.

It’s important we try to make this a major area for Labour and other parties to focus on so they don’t forget the WRB should they come back into power. We can keep up the pressure there.

And those are just the first things off the top of my head.

Let’s no get too disheartened about this, there is still plenty more we can do.

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