What do you think? • Have 5 years of the Equality Act made any difference for disabled people? • Will House of Lords review of equality legislation make any improvement for disabled people? • Do disabled people face systemic and institutionalised discrimination?
There has been a recent call for evidence from The House of Lords Select Committee on the Equality Act 2010 and Disability as part of their review of whether the legislation is working for disabled people. Drawing on previous blogs over a couple of years, I sent them the following comments – and couldn’t hope to cover all the other areas in which we still aren’t getting an equal chance.
Without doubt, five years of legislation have had limited positive benefit for disabled people and, in some ways, their situation is probably worse. This is particularly true in relation to the failings of the Public Sector Equality Duties. The Government initiative to enable disabled people to fulfil their potential and have equality of opportunity by 2025 has become a creature of smoke and mirrors, shackled by austerity cuts, deaf to the legislation’s demands during policy creation and blinkered to it’s requirements in delivery. The generous amongst us may believe these failings are simply oversights of lazy, broad-brush policy thinkers whereas the more cynical may perceive systemic and institutionalised discrimination emanating from the very heart of the nation’s public sector. Would other laws be flouted so blatantly? How can we possibly hope that employers, businesses and others will comply and make a difference when it is so obvious that the public sector does not?
Perhaps the answer is really simple? The majority of “disabled” people (about two thirds of us according to the Office for Disability Issues research) wouldn’t use this label about themselves. So we are very unlikely to have any homogenous coordinated political voice. Would another 20% of the electorate be ignored so consistently?
One wonders how these public policies, practices and procedures will be squared with the protection afforded by the UN Convention on the Rights of Disabled People when the UK’s performance is next reviewed.
Just a few examples of issues that have been publicly evidenced over recent years:
- Prisoners. The 2014 Ministry of Justice report was lamentable (out-of-date data and disability definitions) but did reveal that the proportion of prisoners with limiting long-term health conditions was about twice that in the general population. Does this mean that, as a nation, we manage some impairments through the criminal justice system or does the system itself create those impairments – or both? We are probably unimpressed by other nations that imprison disproportionate numbers of those from, say, ethnic minorities but seem to barely raise an eyebrow at similarly skewed outcomes of our home-grown justice system.
- Bedroom Tax. There is a disproportionately higher level of disabled people in social housing. They are more likely to be receiving housing benefits. It is good news that there has been more flexibility in waiving “bedroom tax” for those disabled people who need extra space for their impairment-related equipment. But how were their needs considered when the policy was created and the rules designed?
- Disproportionately poor health outcomes. The Chief Medical Officer’s 2014 report highlighted that people with visual (like me) or hearing impairments are more likely to acquire dementia, Alzheimer’s disease, other long-term health conditions, anxiety or stress and have less confidence in managing our health. Yet suggestions to her that a key issue is the failure of the health sector to communicate effectively with us using alternative formats, auxiliary aids etc received just the response that Equality Act compliance rests with individual health providers. So where is the leadership and policy drive to redress the situation and implement the legislation? The consequences are not just discriminatory but life threatening.
Employment issues. My primary interest area:
- Increased age requirements for State pensions. Expecting people to work longer before they can claim their state Retirement Pension goes hand-in-hand with an ageing population. But does all the supporting policy make this feasible for that majority of disabled people who acquire their impairments during their working lives (some 70% according to DWP). It is very well known that propensity for disability increases with age (under 5% of those starting their careers which more than quadruples to 23% of those approaching retirement). So, let’s have the policy but make sure that it works in reality by tailoring and delivering employment legislation, practices and support accordingly rather than jeopardising the livelihoods of even more people with impairments.
- Work Programme and Work Choice. The original concept was good: help people to get back to work. But it needed much more attention to practical realities to avoid disproportionate outcomes for disabled people. Instead, flawed funding models, poor contract management and insufficient specialist delivery has left those facing most work barriers still on the shelf. Overall, it looks as if the improvement in the economy is probably the biggest factor in the employability of jobseekers whereas publicly-funded employment support has more potential impact amongst disabled benefit claimants. But this depends on good delivery: holistic, individual, specialist, tailored, flexible, local with all adjustments in place and empathetic, experienced front-line teams – so quite different from much current delivery.
- Employment and Support Allowance, Work capability Assessments and Access To Work (ESA, WCA and ATW). These should be the three pillars that help disabled people get back to work. But a 2014 Select Committee report described WCA as de-humanising and distressing, stressful, confusing, uncertainty and more. Another Select Committee report the same year was similarly highly critical of the ATW system for providing in-work support for disabled people and said it required substantial improvement (and those self-employed have had a particularly hard time). So, with two legs buckling if not actually broken, are the policies properly in place to give us equality of opportunity? Instead, it seems that unlawful discrimination and harassment are endemic in the delivery systems.
- New Enterprise Allowance. Where is the evidence that the policy design and delivery detail for this initiative took account of the needs of disabled people? It should have been a basic consideration that then merited even higher attention because disabled people are the largest and most costly group of unemployed people and, as shown by the 2011 Census, those who work are more likely to be self-employed than their non-disabled peers. Of course, some disabled entrepreneurs will have survived the judgemental processes and inadequate timescales but was the real potential of the initiative fully realised? We receive phone calls and e-mails from across the UK each time one of our new disabled business owners is featured by the BBC –showing that the demand is there but the NEA is not hitting the mark.
Return to the old box-ticking equality impact assessment processes would just risk resistance to bureaucratic red tape. But we know that one-size doesn’t fit all. Instead those creating and delivering public policies need to undertake more robust success and risk impact assessments that address equality issues. Where citizens with protected characteristics such as disability will be most affected by a policy, those characteristics need to be at the heart of decision making and delivery design in order to be successful. “Most affected” means that disabled people (or other protected groups) may experience positive or negative consequences at disproportionately higher levels in relation to either/both the overall population or individual impact.
There is an untapped resource of experts with practical experience who can contribute to shared goals alongside those in the Government Departments that most affect disabled people. Utilising them offers more chance of getting policy and delivery right from the outset rather than years of subsequent criticism and costly change.
Current enforcement seems patchy at best and very difficult for individuals to access. While there is scope for improving enforcement, it is highly preferable for those in the public sector to be better motivated from the outset by recognising that effective consideration of disability issues will improve the success of their policies. More carrot than stick!
Disability Dynamics ltd www.disabilitydynamics.co.uk
Helping disabled people to work since 2000