Mother’s victory could give 6m right to flexitime

The mother of a disabled boy won a crucial legal victory yesterday that could lead to new rights to flexible working for Britain’s six million carers.

Sharon Coleman, 41, says that she was forced to resign from her job as a legal secretary, working at a London law firm, in 2005 after her employers refused her the same flexible working hours as other staff.

Ms Coleman says that she was called “lazy” when she needed to take time off to care for her son Oliver, now 5, who suffers from a rare breathing condition and is deaf, and that she was threatened with disciplinary action. But yesterday the chief legal adviser to the European Court of Justice in Luxembourg ruled that treating some employees less favourably than others because of their caring responsibilities for a disabled - or elderly – relative was unlawful.

The case will now go before the judges of the European Court of Justice for ratification. In 80 per cent of cases the court follows the Advocate-General’s opinion. A decision is expected by May.

At a press conference in London, Ms Coleman, who now works for a local authority, said: “The decision is brilliant. It is one step on the road but a very important step.”

She said that her treatment when working at the solicitors’ firm Attridge Law had left her “feeling absolutely horrendous” and “lying on the floor crying because I couldn’t both work and be a carer”.

Her claim was not about compensation but the principle, she added, although, if she is ultimately successful she would be in line for a payment. Colleagues with children who were not disabled were allowed to work “around their children but it was made very difficult for me”, she said.

She took a claim for constructive dismissal to an employment tribunal in London, which in turn referred the case to the European Court of Justice for a ruling on whether she was protected under equality laws. The key issue was whether the laws outlawing discrimination at work went beyond the protection of the disabled or elderly themselves to cover those who face discrimination because they are associated with a disabled or elderly person.

The European Court had heard that comments were made at Ms Coleman’s workplace, that her “f****** child” was “always f****** sick” and that she was using her son to manipulate her working conditions.

John Wadham, the legal director of the Equality and Human Rights Commission which is backing the case, said: “People want to work and need to work and should not be forced to choose between their jobs and their loved ones.”

He added: “This is not about employers having to provide flexible working hours for all their employees, so employers don’t need to be concerned.

“What it is about is being fair: if employers provide systems, they must apply across the board.”

“What this [opinion] says is that you have to treat people fairly, without prejudice, and equally – and not harass them on grounds of the disability of their children or other persons they care for. It is a simple message.”

Lucy McLynn, solicitor with Bates Wells & Braithwaite, the firm acting for Ms Coleman, said that the opinion was “extremely encouraging”. The law at present was inconsistent, she said.

If someone was discriminated against at the workplace because of their links with another person on the grounds of religion, race or sexual orientation, they had the protection of the law. But that had not been the case where age or disability were involved.

She said that the Advocate-General’s ruling meant that the European directive on equal treatment at work now also covered disability discrimination by association.

Anthony Fincham, head of employment at the City law firm CMS Cameron McKenna, said that if the European Court backed the opinion it would be “a quite remarkable and far-reaching extension of our disability discrimination laws”. An estimated one in four people in the workforce had caring responsibilities, he said.

An employer would be under a legal obligation to make reasonable adjustments for employees who care for the disabled when not at work if other employees enjoyed those arrangements, he added.

Nick Thomas, an employment lawyer with Jones Day, said: “It has for many years been accepted that it is unlawful to discriminate against one person on the grounds of another person’s race; for example, by refusing to serve a white customer in a bar because they are accompanied by a black friend. But it has never before been applied in disability discrimination cases.”

Imelda Redmond, the chief executive of the charity Carers UK, said: “This landmark legal opinion means that employers will have to alter the way they treat carers in their workforce. There are nearly 4.5 million carers of working age in Britain, of whom 2.5 million are in employment.”

In his opinion Miguel Poiares Maduro, the Advocate-General, added: “Directly targeting a person who has a particular characteristic is not the only way of discriminating against him or her; there are also other, more subtle and less obvious ways of doing so.

“One way of undermining the dignity and autonomy of people . . . is to target not them, but third persons who are closely associated with them.”

Anita Rai, an employment solicitor at Fox Solicitors, welcomed the decision as fair but gave warning that a knock-on effect could be that employers could face increased absences from employees. “Employers will have to guard against the few employees who might abuse this right and become serial absentees,” she said. “There will have to be a degree of trust.”

Source: BBC News

Disabled people in poverty battle

DISABLED people in Suffolk are today facing daily financial struggles and battles against poverty, it has been warned.

Lyn Eley, manager of Ipswich's Disabled Advice Bureau, said at least three quarters of people with disabilities in the county face serious money worries.

She said: “If you're on long-term benefits because you can't work you eventually get into problems, very bad problems.

People are prevented from working and unless benefit payments rise considerably there is no way they can be secure financially.

“We see an awful lot of it, people who are really struggling.

“People with disabilities also face higher heating costs; their dietary costs are often more. Everything costs more. It is very frustrating.”

Meanwhile Linda Hoggarth, chairwoman of Optua, a Suffolk-based disability charity, said problems were particularly acute in rural areas of the county where access to transport was difficult.

She said: “It's certainly our belief that many disabled people are likely to be living in poverty across the country and in Suffolk.

“There are a number of reasons for this, for example disabled people may have significant additional costs such as personal care, or mobility aids, which other people do not have.

“They are also less likely to be in employment and have to rely on benefits, which although helpful do not replace a normal wage.

“The picture is no different in Suffolk and the rural nature of the county makes the problem worse.

“Transport is always problem for disabled people in general but in Suffolk where many people live in rural isolation, it's much more of an issue. Bus services are less frequent and many of them are not accessible for disabled people. This makes it difficult and more expensive for them to get about and means someone who would be able to work is less likely to be able to actually get to work.”

Are you facing financial problems as a result of a disability? Write to Your Letters, Evening Star, 30 Lower Brook Street, Ipswich IP4 1AN or e-mail eveningstarletters@eveningstar.co.uk

Source: Evening Star 24

Ruling gives boost to millions of carers

Millions of people juggling a career with caring for a disabled family member are likely to receive greater protection in the workplace after a British secretary won the latest round in a long-running legal battle.

An adviser to Europe’s highest court said today that Sharon Coleman, a former legal secretary who is the primary carer for her disabled son, was entitled to the same rights against direct discrimination at work that disabled people already enjoy.

The European Court of Justice (ECJ) was asked to rule on the case – which concerns the issue of “discrimination by association” - after Ms Coleman sued her former employer for constructive dismissal.

She claims managers at Attridge Law refused to offer her the same flexible working arrangements as other staff and so she was forced to accept voluntary redundancy in order to care for her son, who suffers from a serious respiratory condition.

A South London Employment Tribunal - which has not yet decided whether Ms Coleman’s allegations are justified - sent the case to Europe for clarification over whether a carer could be subject to discrimination because of their connection with a disabled person.

The Advocate-General of the ECJ - whose opinion is not binding but is usually followed - said that European law, which the UK is obliged to follow, “protects people who, although not themselves disabled, suffer direct discrimination and/or harassment [at work] because they are associated with a disabled person.”

Nick Thomas, an employment expert at Jones Day, said that if followed, the opinion would provide carers with "significant new rights".

Rachel Dineley, an employment partner at Beachcroft, said that if adopted, today’s opinion would also cover people harassed or discriminated at work because they are associated with someone from a group protected by discrimination law such as homosexuals or members of a specific race or religion.

“Someone who feels they have been treated less favourably or abused at work because they have a homosexual child or are in a mixed-race relationship will also benefit from this opinion if it is upheld,” Ms Dineley said.

However, lawyers stressed that the case does not change the general status of someone seeking flexible work arrangements to care for a disabled person.

Under UK law, anyone with a child under six or a disabled child under 18 can apply for apply for a flexible work arrangement. Managers are obliged to consider these requests but can legitimately refuse them on business grounds if for instance, it would be impossible to find a replacement.

Ranjit Dhindsa, an employment partner at Reed Smith, system will remain and carers have not won an automatic right to demand a flexible working arrangement.

But they have won the right to protection against discrimination or harassment on the grounds that they are a carer. Any worker, therefore, who can prove they have been treated less favourably because of this, will have a case against their employer, Ms Dhindsa said, where previously they would not have been able to make a claim.

Carers UK, a campaign group, estimates there are 2.5 million carers in work. Imelda Redmond, the group’s chief executive, said today’s legal opinion was “a positive step towards true equality for carers.”

Source: MSN News

EU volunteers help disabled

OUR European volunteers have given 1200 hours of their time to help disabled youngsters in some of Edinburgh's poorest areas.

Dominika Pucilowska, 26, from Poland, Ariane Rosel, 19, from Germany, 21-year-old Kale Traore from France and Spaniard Saenz Abed, 24, have worked in the city through a scheme run by the European Voluntary Service.

The group worked across north Edinburgh and Leith, helping 36 disabled children.

Dominika said: "I have enjoyed volunteering. It's interesting to see how things are done in Scotland."

Source: The Scottsman

Attack on disabled writer apparently random

Police investigating Monday's attack on a woman in a wheelchair in her home have determined she was not targeted.

"They believe it was a crime of opportunity," said police spokeswoman Patrycia Chalupczynska.

Edmonton playwright Heidi Janz was alone in her condo Monday afternoon when a masked man entered, then stabbed, strangled and robbed her. He left with her purse when she fell unconscious

Chalupczynska said the attacker got into the building through an outside door that was not property secured, possibly because of the weather.

The building has a front lobby where an inside door is controlled by keys or a buzzer, as well as service doors at the rear.

A home-care worker said Janz was doing a lot better today. She's still in the hospital with a fractured shoulder, but hospital officials decided it was not serious enough to require operation.

Source: Edmonton Journal

Deborah Orr: We must protect disabled people against this wave of barbaric and hateful crimes

He died in his mother's arms, so badly beaten that his uncle did not at first recognise his face.

Brent Martin's story should, and could, have been a story of quiet success. The 23-year-old had struggled in his short life with his learning difficulties, and those struggles more than once had become so serious that he had been compelled to spend long periods in psychiatric hospitals. Even a generation ago, such a history might have condemned a young man to an institutionalised life. But we are more enlightened now, in theory at least.

Martin, released in spring of last year into the care of his family, was recognised as a man who was quite capable of living independently, supporting himself through work, paying his taxes, living and loving like the equal member of a civilised society that he was, or should have been. In August last year, he was winning. He was about to start a new job as a landscape gardener, about to move into a flat and live on his own for the first time, and enjoying the time that he spent with his girlfriend.

Then, on 23 August, he was chased for a mile and a half through two estates in Sunderland. Repeatedly, he was set upon by 21-year-old William Hughes, and two boys of 16 and 17. Between them – they had trained as boxers – they bet £5 that one of them could knock him out with their fists. Their attacks got more frenzied until they started kicking Brent, and stamping on him. They removed his lower clothing, at the end, and took photographs of their bloodied selves to mark the occasion.

Brent died in his mother's arms of a massive head injury. He had been so badly beaten that his uncle did not at first recognise his face. Hughes and the 16-year-old admitted murder, while the 17-year-old was found guilty of murder at Newcastle Crown Court last week, after telling witnesses that "he was not going down for a muppet". All three have been warned that they face mandatory life imprisonment, when sentencing takes place next month.

What is the worst thing about this abhorrent crime against a vulnerable person? The worst thing is that it is by no means the most horrific recent example of escalating violence against people with disabilities. Over the last couple of years, a slew of vicious and often fatal crimes against people with physical or mental disadvantages have come to trial. Sometimes, the ordeals of victims went on for many months before they died.

Steven Hoskin, 39, was targeted over a long period by 30-year-old Darren Stewart, along with his girlfriend, Sarah Bullock, 17, Martin Pollard, 21, and a shifting cast of teenagers who were attracted, presumably, by Stewart's drug-dealing. Stewart, it had long been known, had moved into Steven's tiny flat . He had been commandeering his benefit money, and hitting him if he tried to resist.

Material and financial abuse developed into mental and physical abuse, which for some dark reason reached its perverted climax on the evening of 6 July 2006. Steven, who had a reading age of six, was tortured, taunted, burnt with cigarettes and yanked around on a dog's lead, until he confessed, erroneously, to being a paedophile.

Having extracted their "confession", the three of them fed him 70 Paracetamol tablets, and marched him to Trenance Viaduct in St Austell, where they forced him over the rail. He fell 30 metres to his death. Bullock kicked his head and stamped on his fingertips to help him on his way.

The Cornwall Adult Protection Committee published a Serious Case Review that investigated the protracted events leading up to Steven's murder last month. It identified 40 occasions on which various support services had had an opportunity to intervene. Until a month before his death, social services had visited Steven weekly. Despite the presence of Stewart, who was locally notorious, they saw no cause for concern. When Steven requested that the visits should stop, a month before his death – presumably under pressure from the people he sometimes described, happily, as "his gang" – they complied. Steven also asked the police for assistance 12 times, but had no luck.

This case ought to have achieved a prominence similar to the Victoria Climbie case, or the Stephen Lawrence case, but so far there is little sign of wide-spread unease. This is particularly worrying because even cruelty of this magnitude is by no means unique. Under the leadership of the estimable Katherine Quarmby, Disability Now magazine has identified four other recent cases in which "financial abuse" of disabled people living independently exploded into terminal violence.

Raymond Atherton, Kevin Davies, Rikki Judkins and Barrie-John Horrell all suffered a similar pattern of abuse before they were killed by people purporting to be their friends. Yet, despite legislation under the Criminal Justice Act 2003 which identified hostility based on "the disability or perceived disability of the victim" as a hate crime, none of these five cases was identified as a potential disability hate crime.

Disability Now investigated 50 crimes against disabled people in 2006 and 2007, 14 resulting in death, many others in serious injury, and a substantial number involving attacks on people in wheelchairs or using mobility scooters, and established that only two of them had been treated as hate crimes. The magazine is now campaigning for hate crimes against disabled people to be recognised as such.

There remains a school of thought which scoffs at the idea that attacks inspired by a particular prejudice should be treated as especially heinous. The argument is that murder or violence is murder or violence, whatever sets it off. This is not a sensible view. It is really important to highlight particular prejudices as unacceptable triggers for crimes, as this concentrates public outrage and raises wider awareness of specific dangers.

Also, it offers particular lawful protection for the groups that need it most, adjusting the balance in the favour of those under attack, or at least formally acknowledging the need for such an adjustment.

Survey after survey confirms that the disabled are massively more likely to be assaulted than their typically-abled peers. In 2002 the crime prevention organisation, Nacro, found that disabled people are four times as likely to be violently attacked, and twice as likely to be burgled. A more recent report by the cerebral palsy charity Scope found that 47 per cent of disabled people had either experienced physical abuse or witnessed the physical abuse of a disabled friend.

Practical counter-measures are needed when such additional stresses are being perpetrated against already vulnerable people in such a widespread manner. The advances that have been made towards the full participation of disabled people in everyday life are still fragile, and they need to be defended. A concentrated effort to reduce the barbaric lack of stigma around such a cowardly form of criminality is absolutely essential.

d.orr@independent.co.uk

Elderly disabled missing out on social care

A postcode lottery in social care means thousands of severely disabled elderly people miss out on help in the home, according to a new report.

All you need to know about long-term care The Government launched an urgent inquiry into eligibility rules after the Commission for Social Care Inspection (CSCI) uncovered widespread variations across the country between different levels of support offered by councils. But opposition politicians and charities for the elderly condemned the Government for taking action only after the report was published. Just 358,000 households received home care in 2006 compared with 479,000 a decade earlier, while nearly three quarters of local authorities now refuse help to anyone whose needs are not considered "substantial" or "critical". Most of those with "moderate" needs, who can not carry out routine daily tasks such as getting out of bed, bathing and doing the washing up are excluded, along with 275,000 pensioners with less intensive requirements - such as needing help to go to the shop. Another 6,000 elderly people with "high support needs", which means they can not bathe or eat without assistance, receive no services and no informal care. Altogether, the CSCI estimates 450,000 older people rely on friends and family to get by, even though they have been assessed as needing more help. The inquiry will only deal with differences across the country in levels of care provision and not the wider problem of elderly people forced to spend their savings, or even sell their homes, to pay for the care they need in their old age. Source: Telegraph.co.uk

Parking wardens ticket another disabled blue badge holder

ANOTHER disabled person has been given a parking ticket for displaying their disabled badge upside down in Lewes.

John Bassett, 72, of Prince Charles Road, Lewes,was using his disabled badge for the first time when he was fined in Friars Walk.

He has since reluctantly paid a £60 fine but was unhappy with the treatment. He said the parking scheme was 'ruining' the town.

Mr Bassett, a retired storeman from the Lewes Police HQ in Church Road, said: 'I think it's very unfair.

'I came back to the car and tried to explain but the warden didn't want to know.

'I have problems breathing and my doctors said I ought to get a disabled badge and this was the very first time I'd used it.

'What makes it worse is the ticket says it I was parked in a pay and display car park without displaying a valid pay ticket, but I had the disabled badge and it didn't say anything about that.'

A spokesman for East Sussex County Council, which runs the hugely unpopular p

arking scheme in Lewes, said: 'Unfortunately, Blue Badge fraud is rife and parking attendants cannot properly identify whether one is forged or genuine if it is displayed upside down.

'That is why attendants up and down the country are under strict instruction to automatically issue parking tickets for this breach of the rules.

'These can be overturned at appeal if they are deemed to be unfair but, in this case, there was no appeal.'

Last week the Express reported the case of a Don Short, 85, a disabled Dunkirk war veteran who is almost blind, who was given a parking ticket - despite displaying a disabled badge on his wife's car.

In December Ann Teare 84, from Newick Green, was also given a ticket even though her disabled badge was visible.

In Mrs Teare's case the county council refused an appeal but cancelled the fine a week after her story appeared in the Sussex Express.

Source: Rye And Battle Observer

Parking fears for disabled drivers

IT has been claimed that plans by Moray Council to change markings on residential disabled parking spaces outside people's homes are likely to cause problems in the future.

However, a council spokesman maintains that nothing has changed.

Previously, disabled badge holders applying for their own parking space were allocated a reference number which was painted on their allotted space. Moray Council, however, now plans to phase out the codes and leave the spaces unmarked, with disabled markings painted outside the space instead.

"That means that any person with a disabled badge can park in anyone else's space," said Forres community councillor Eleanor Hayward when she raised the issue at the group's recent meeting. "What if someone goes out and comes home to find someone else in their space, and can't get into their house? I can see there being fights about this."

Mrs Hayward, who has been in contact with both her MSP, Richard Lochchead, and Moray Council on the subject, said the new proposals were a bit unfair. She also said it was confusing to change the system, if people were still under the impression that they had their own space.

Moray Council said that there are clear criteria for allocation of disabled parking space, which include the applicant holding a blue badge, but the spokesman added that legally speaking, any disabled badge holder could park in the space.

"All disabled parking facilities in residential areas are provided at the specific request of an individual," he said. "They are only allocated where that individual meets all the essential criteria within the council's policy on provision of disabled parking. The style of markings, which have now been in use for a number of years, differs from the old-style markings, but have the same meaning as far as their use is concerned."

He said that the old markings had a disabled logo and a reference number. The new markings only have the word "disabled" to comply with the Traffic Signs and General Directions 2002 legislation.

"Rather than remove the old markings – a reference number and logo – and replace them with the new 'disabled' markings, which would be a very costly exercise, we are allowing the old markings to eventually disappear through natural wastage," he said. "If a sign needs to be refreshed, it will be with the new markings. If it is no longer required, the markings will be removed."

The council claim that the Road Traffic Regulation Act 1984, which allows traffic to be regulated on a road, only allows space to be reserved for parking on a road in particular circumstances: for example by disabled drivers, HGV vehicles, for loading or taxis.

"Whether it is old or new markings, the legislation does not allow a disabled space to be reserved for the exclusive use of an individually named person," he said. "Any disabled badge holder can make use of these facilities."

After being approached by one local couple who had tried, but failed, to be allocated a disabled parking space, as the car driver was not the registered disabled person, Mrs Hayward e-mailed the Moray Council on their behalf to find out more about the system.

She said that she was astonished by what she found out, which could have serious repercussions for people who would struggle if they had to park any further than the space outside their homes.

She was told that Moray Council operated a strict policy on the allocation of parking facilities for the disabled, which involved an applicant meeting certain criteria before they would be considered, and that any markings were in accordance with the Traffic Signs Regulations and General Directions 2002.

Moray Council said they agreed that it would be unfair if another resident in the area, who failed to meet the criteria, continually utilised the facility requested by an individual who did satisfy all the criteria.

Local disabled campaigner Kenny Shand, who works with the Leonard Cheshire group to make improvements for disabled people and has been instrumental in securing changes around the Forres area, said that the changes to the system were bound to cause problems.

"When I first got my parking bay outside my house, a blue disabled badge was placed on my gate," he said. "This is different to others I had seen on other bays, and there are still two different types out there."

He said that under this proposal, he could go out and then come home to find someone else parked in the allocated spot.

"I cannot get any other parking space near my house," he said, "so I would have to go and look for a space nearby and try to get back to my house. If disabled users could do that, they wouldn't need to ask for an allocated parking spot."

Mr Shand said that if the allocated spots were turned into disabled parking bays for all, it would create a huge problem for all disabled drivers and families who really needed them.

He accused Moray Council of not thinking through the plans properly, or considering the problems that the changes were going to cause. "Who did they talk to about this?" he said. "They need to put themselves in our situation and then think again."

Mr Shand is asking anyone with an allocated parking bay, or who is likely to be affected by the new proposals, to contact him by e-mailing comments@disabilityhelp-scotland.co.uk, or writing to 'The Forres Gazette".
Source: Forres Gazette

Free guide to Chicago for the disabled

Chicago is offering a new free guide for visitors with disabilities called "Easy Access Chicago."

Basic visitor information for city attractions like Millennium Park, Navy Pier, Wrigley Field and the Sears Tower are all in the guide, along with details on accommodations like ramps and elevators, handicapped parking, Braille signage and assistive listening devices, and accessible bathrooms, counters and ticket windows.

Other tips include how to get a 21-day pass for paratransit services or arrange free guided tours for visitors with disabilities through the Chicago Greeter program, which offers 40 special interest areas and 25 neighbourhoods to choose from (details at http://www.chicagogreeter.com or 312-744-8000).

"Easy Access Chicago" can be ordered by mail at no charge from the Illinois Bureau of Tourism at 800-226-6632 or by visiting http://www.enjoyillinois.com. It can also be downloaded in a PDF format from http://www.easyaccesschicago.org. You'll find the link near the bottom of the welcome screen.

Last year Chicago was named one of America's most disability-friendly cities by the National Organization on Disability. All the city's public buses are wheelchair-accessible. Each July, the city hosts the largest Disability Pride Parade in the nation as well as AccessChicago, a products and services expo.

Source: The Canadian Press

Marriott must provide golf carts for disabled

The world's largest golf resort management company has discriminated against disabled golfers and must provide carts that let them hit the ball without stepping on the course, a federal judge in San Francisco ruled Monday.

Marriott International, which owns or operates 26 courses nationwide including Half Moon Bay Golf Links, violated the Americans with Disabilities Act by denying mobility-impaired golfers the same access as their able-bodied counterparts, said U.S. District Judge Phyllis Hamilton.

Lawyers for three disabled golfers said it is the first ruling in the nation that requires private golf clubs to offer accessible carts, which are controlled by hand and have seats that swivel. A disabled player can use them to navigate an entire course, including putting greens and sand traps, without leaving the vehicle or damaging the course, said attorney Sid Wolinsky of Disability Rights Advocates in Berkeley.

In September, the Defense Department said it would provide similar golf carts at all U.S. military bases. The Justice Department negotiated a settlement in 2002 that required the city of Indianapolis to use the carts at its public courses.

In a statement through his lawyers, plaintiff Richard Thesing of Atherton said it was "particularly short-sighted for a corporation such as Marriott, with billions in annual revenue, to refuse to spend such a minimal amount to allow people with disabilities to enjoy a round of golf."

Thesing, who uses a wheelchair because of injuries from a traffic accident, heads an organization called Mobility Golf.

Marriott did not respond to a request for comment.

One ruling Hamilton cited was the 2001 Supreme Court decision allowing professional golfer Casey Martin, who suffers from a degenerative leg disorder, to use a golf cart in tournaments. The court found that the PGA was violating the Americans with Disabilities Act, rejecting the association argument that walking is an essential part of the sport.

Marriott argued that it was providing access to disabled golfers by allowing them to use their own specialized carts, and by a pilot project of providing the carts on four company-owned courses, a project that started after the suit was filed in 2006. The company also contended the carts posed safety hazards and said courts should await Justice Department regulations, which have been in the works since 2004.

But Hamilton said the plaintiffs wouldn't be able to load their own carts onto a trailer, couldn't take advantage of the pilot project at most Marriott courses, and wouldn't have equal access, or any access, under the company's current policy. She also said there was no evidence that the accessible carts had caused any injuries in 20 years of use and noted that the Justice Department regulations may be years away.

"Marriott's current policy does not provide plaintiffs, mobility-impaired golfers, with an experience that is functionally equivalent to that of other nondisabled golfers," the judge said. "Nondisabled golfers can simply show up at the course, and Marriott will provide them with a functional cart as part of the cost of their round of golf.

Source: San Francisco Chronicle

Institutional care for disabled people in EU not satisfactory

Institutional care for disabled people in the European Union (EU) continues to fall short of acceptable standards in many cases, a report released Tuesday by the European Commission says.

The report recommends a wider use of community-based quality services instead of institutional care.

"Quality of life in these institutions varies greatly and dignity for their residents is not always guaranteed," said Vladimir Spidla, EU commissioner for employment, social affairs and equal opportunities.

"I am confident this commission study, with a solid scientific basis, will help member states and stakeholders transform services for disabled people from institutions to quality social services in the community."

Over 1 million disabled people live in institutional care in the 27-member EU.

The European Commission financed a study on the development of community-based services for people with disabilities. The study was carried out by the University of Kent and the London School of Economics.

It confirmed that institutional care is often of unacceptably poor quality. Sometimes the conditions in institutional care may represent serious breaches of internationally accepted human rights standards.

Community-based services, when properly established and managed, can deliver better outcomes in terms of life quality and ensure that disabled people can live lives as full as able-bodied citizens.

The study found that services in the community are not more expensive than institutional care, once the needs of residents and quality of care are taken into account in calculating the costs.

Source: XinhuaNet

New Labour betrays disabled workers

Despite government promises, disabled workers at Remploy factories face closures and cuts. Simon Basketter spoke to some of the workers who are angry and fighting back

After months of false promises from Labour, it has emerged that more disabled workers at government-owned Remploy factories will lose their jobs than under the original proposal to close 43 factories.

The government has approved the closure of 28 factories. Remploy also wants at least 650 voluntary redundancies from factories that aren’t closing plus one extra redundancy for every worker who transfers to a new site.

That means the decimation of Remploy jobs and will undoubtedly result in more factory closures.

Execution

Remploy is rushing to wind down operations in the factories earmarked for closure – even though they were supposed to have a stay of execution until the end of March.

In some factories, promotional material for Remploy products are simply being dumped in their thousands. In others, management are attempting to remove machines and leave workers sitting in empty sites until March.

Workers at the York Remploy site last Friday saw their machines packed away and ready to be removed. But the workers fought back.

The 51 workers have vowed to keep the factory open, so they stood in the way of vans which arrived to take sewing machines and other equipment away. The site’s gates were locked and the removal team was twice forced to turn back.

Caroline Johnson, who is 60 and has worked at Remploy for 11 years, joined the blockade. She told Socialist Worker, “We’re not just doing this for ourselves – we’re doing it for other disabled people who will struggle to find another job.

“We are like a family, a community, and that is being torn apart for no good reason.

“But we’ll believe there is a chance to keep the factory open right until the last minute.”

John Wilson, the GMB union’s assistant shop steward at the factory, said, “Preventing these machines being removed shows we are prepared to fight on a moral issue. It’s another example of what we see as bully-boy tactics from Remploy.

Disgrace

“We are doing this because we think what has happened to Remploy is a disgrace, not just for those working there now, but for disabled people in the future.

“As far as we’re concerned, new jobs for these people are not there and, even if they are, they will be at the lowest end of the service sector. We have called off industrial action once before as a peace gesture and been kicked in the teeth as a result.

“Now we are determined to do whatever we can to keep it open. Where there’s life, there’s hope.”

The workers at the York factory are voting on strike action, as are workers at factories in Hartlepool, St Helens, Treforest, Ystradgynlais near Swansea and Brynammon in South Wales.

Workers in Unite and GMB at two Merseyside factories have already voted to strike.

Some 73 percent at Aintree voted in favour of strike action, while 100 percent at the Central Cutting Unit in Wallasey, Birkenhead, voted in favour.

There was a national protest of Remploy workers at the employers’ forum on disability at Bradford Football Club on Tuesday.

GMB senior steward Paul Bragg told Socialist Worker, “We want a reversal of the policy. If the Labour government can get Northern Rock out of a £55 billion hole using taxpayers’ money, it can help us.”

There is a lesson here for all trade unionists. Last year the unions made a deal not to embarrass the government at the Labour Party conference over the Remploy job cuts. That was a costly mistake.

So was the GMB’s decision to hand over £15,000 of the union’s money to former work and pensions secretary Peter Hain, who pushed through the closures.

Paul Kenny, general secretary of the GMB, points out, “Remploy workers have been betrayed by the Labour government. This whole exercise has been a sham and a disgrace which will taint the relationship between the GMB and the government.”

Labour should not be allowed to get away with their betrayal of the Remploy workers.

That means supporting the workers’ fight and recognising that funding the Labour Party is simply paying for the government to attack us.

Source: SocialistWorker.co.uk

How the elderly and disabled are being left to fend for themselves

A growing number of elderly and disabled people are being denied help with washing, dressing and eating as more local authorities ration social care.

A report showed that seven out of ten councils restrict help to very serious cases, leaving others to pay for themselves or rely on family and friends.

The annual report from the Commission for Social Care Inspection found that thousands fewer people qualify for care now compared with three years ago, despite a 3 per cent rise in the number of people over 75. Only 840,000 people received social care services in 2006 compared with 867,000 in 2003. Those receiving funded care at home declined from 479,000 in 1997 to 358,000 last year.

The commission is also worried about the lack of help when an old or disabled person fails to meet the strict eligibility criteria. In many cases families get no help to find private services, or are sent to charities for advice.

“People who only five years ago qualified for council-arranged help are today excluded by the system and left to fend for themselves,” said Dame Denise Platt, chairman of the commission. “The poor experiences of people and their carers trying and failing to get sufficient help contrast starkly with those people who do qualify for council arranged care. People unable to rely on families or friends and unable to pay for care services themselves are simply left to cope with everyday life, while some become virtually trapped in their own home.”

In response to this latest report, the Government announced a review into the eligibility criteria used by local authorities, saying that regional variations were unacceptable. The report found variations in how local authorities interpret “critical” and “substantial” cases, even within the same local authority, where the rules were sometimes applied inconsistently.

West Berkshire, Wokingham and Northumberland have the tightest restrictions, offering help in “life and death” cases only. Many others are planning to follow suit, but are waiting to see the result of a legal challenge against Harrow Council, which attempted to toughen its criteria last year. Sunderland and Calderdale in West Yorkshire are the only councils that still offer help with care in cases judged to have low-level needs.

The latest review brings to five the number of government-backed investigations under way into social care. Others are examining dementia, palliative care and the role of unpaid family carers. Government underfunding is largely to blame for the looming crisis, campaigners say. In the three-year spending round, funding for social care increased by just £190 million to £1.5 billion in 2010. Political pressure is mounting, largely from Britain’s six million carers who look after elderly or disabled relatives.

Sources: Times Online

Author: Rosemary Bennett' Social Affairs Editor

Bakti's Phase 2 programme for disabled

Bakti (the Association of Wives of Ministers and Deputy Ministers) will be launching the second phase of the Semai Bakti programme to help the disabled on Feb 1. 

Prime Minister Datuk Seri Abdullah Ahmad Badawi will launch the national programme at the PDK Puteri Gunung in Taman Tasek Indah, Simpang Ampat, South Seberang Prai here. 

In a press statement, Bakti, headed by Datin Seri Jeanne Abdullah, the Prime Minister's wife, announced that the objectives for the second phase would be to get the public's commitment in building a caring society regardless of race or religion. 

The programme would involve all MPs' and assemblymen's wives to get constituencies' allocations that would be channelled directly to the disabled. 

Bakti also aimed to better the education quality for the less fortunate through a series of courses to improve the skills of PDK teachers, parents, management staffers and the community. 

A complete research and campaign would also be held under the programme to decrease the number of disabled by working with the Welfare and Health departments to help pregnant mothers. 

Semai Bakti was first launched by the Prime Minister in April 2005.

 

Source: The Star Jan.29, 2008

Identity of Disabled People: When do you want to be called “disabled people”?

Written by Hisayo Katsui

I am heading for Uganda in the end of January for one month to conduct my fieldworks especially on development cooperation activities. When preparing for the trip, I came across with a very important issue of disability identity that I should pay special attention to. In this article, therefore, I am trying to discuss this issue of identity.

Who are disabled people? The official definition of “disabled people” is diverse from country to country. They are usually based on medical diagnosis, on the basis of which people are entitled to certain services, devices, medications and so on. In Northern countries, the definition is increasingly diversifying as more new diagnosis are found and also because the population is aging. When it comes to Southern countries, the definition tends to be more “classic” ones which include often people with observable sensory or physical impairments. This is one way to look at the identity and possibly the easiest way for a researcher to approach “disabled people.”

For instance, in my last article in the newsletter (No.3/2007), I introduced some figures: “10-12% of the population is disabled people in the world and 80% of them live in the South.

Read more

Clubs fail on disabled standards

Only Bolton and Blackburn meet the recommended spacing requirements outlined by the association, although Arsenal come close with 96%.

Tottenham, Portsmouth and Fulham fall short with less than a third of the required space at their grounds.

It is estimated 30,000 disabled fans regularly attend matches in England.

The National Association of Disabled Supporters (Nads) laid out their recommendations in their Accessible Stadia Guide in 2003, which was endorsed by the Premier League and the Football Association.

However, the majority of top-flight clubs are failing to meet the required wheelchair spaces four years on.

A report by 5 Live drew responses from Chelsea, Portsmouth and Fulham with Chelsea, who provide less than half the required seating, pointing out that they provide free tickets for disabled fans at home matches.

Portsmouth said they would aim to increase their capacity for wheelchair spaces should they move to a new ground in the future.

A Fulham statement said: "Fulham Football Club has recently received approval by the local authority for planning consent to redevelop areas of the ground.

The club will continue to investigate ways in which improvements can be made to the current facilities at Craven Cottage for all of our supporters.

"This is in-line with the club's guiding principle of providing a 'Best in Class' service and to be inclusive to all fans."

However, a Nads statement said: "Nads feels that is important that clubs meet these demands whether they are in the business of building new facilities or not.

"Nads believes that clubs should now be moving towards reconciling disabled seating supply and demand and the guidelines.

"It may be that with the pressures exerted by owners and shareholders to maximise profits, the only way forward will be through government intervention and clear legislation."

Exhibit celebrates the beauty of the disabled

In a bid to change the way society looks at disabled people and to celebrate their beauty, the City of Cape Town is to launch a photo exhibition featuring French models with various forms of disability.

The dramatic photo exhibition, which will take place from 2 to 29 February 2008, will be officially opened by the Cape Town mayor, Helen Zille on Friday as part of the Suidoosterfees to promote cultural exchange.

"I fully support this initiative to reconcile the notions of disability and beauty and to change the way society looks at disabled people as well as the way people with disabilities look at themselves," said Mayor Zille.

Entitled "Aesthetic and Disability", the exhibition will be held in the Cape Town Civic Centre concourse.

The city said that the powerful gallery of images was conceptualised by Deza Nguembock, and produced by top photographers, Angele Etoundi Essamba of Amsterdam and Cherif Boubrit of Paris.

Mr Nguembock and Ms Essamba both live with the after effects of childhood polio.

"We decided to launch the exhibition in Cape Town because the Executive Mayor, Helen Zille, was the first public figure to respond positively to our invitation," said Mr Nguembock, who was born in Cameroon but now lives in Paris.

He said they wanted to use their talents to rehabilitate the image that society has for disabled people, and to enrich the image of disabled people in different societies.

"I am thrilled that the world premiere is taking place in Africa, where people with disabilities are not set apart, but form an integral part of society.

"The world will be looking to Cape Town to see how people react to this concept," said Mr Nguembock.

The exhibition includes photos of Nicholas Bissardon of Lyon, a 25-year-old upcoming model who has a birth malformation in his limbs and Evelyne Breton of Marseilles, France - the country's wheelchair marathon race champion for 2000, who became a paraplegic following an accident.

The self-funded project took 12 months to complete and most of the photos were shot in a Paris studio.

After its Cape Town showing, the exhibition will return to Paris and possibly tour New York and Tokyo later this year. - BuaNews, Cape Town

Arc aids developmentally disabled

To some, cleaning tables, swiping cards and interacting with customers is just another tedious day at work. However, it is a step toward independence and a sense of accomplishment to the people the Arc of Orange County serves.

The Arc of Orange County works with local developmentally disabled residents to help incorporate their skills into the community.

The nonprofit is increasing the resources available to these residents with the newly formed Employment Support Services.

The main focus will be to assist individuals in finding paid employment, said Christian Keller, director of group programs and specialized services.

"These guys have a lot of viable and useful skills, but they just need that extra support to go through the process," Keller said.

The month-old department is working with eight people currently, and new referrals come in everyday, Keller said.

"We're just starting to expand the program," said Michelle Antonelli, employment specialist for Arc. "Our goal is to serve many more than that."

Arc works to provide disabled residents with the resources they need to locate, secure and maintain a competitive employment position.

Keller said they try to place clients in jobs that complement existing interests and skills.

"If someone really loves music, we'll look into some of the record stores or a place where they can be working with folks that play instruments," Keller said.

Arc has provided this aid before. They've set up summer internships and volunteer opportunities for clients at local businesses for years.

"We have done bits and pieces of employment support services but nothing to this extent," Keller said. "Now we can put all of our energy and time into helping clients find jobs."

One client already works at Café Carolina in Meadowmont Village.

"It allows him to be around and talk to people he wouldn't normally be exposed to," said Sam Rhule, Café Carolina general manager. "He gets to learn … communication skills and how to deal with people."

Rhule said he would encourage other businesses to become involved with Arc's employment services.

The most successful part of the program is the individual's sense of pride and independence in their vocation, Keller said.

"It's a real job. It's not something that's made up for them," Keller said. "They're in a real business with a real job. They are being able to be productive and contributing members of a society."
Source: The Daily Tar Heel

Disabled parking rules should be enforced

(From UK)
I Sympathise with Jane Ogilvie and Paula Caulton over their problems with Blue Badge parking (Letters January 1 and January 7) Unlike them I have never felt discriminated against or asked why I am parking there.

I actually look disabled as I am an elderly a wheelchair user with one leg.
For me it is a necessity to park in a Blue Badge bay and like Jane and Paula I have problems when these bays are abused by people without a Blue Badge because it prevents me from shopping independently.
Today, thanks to the 1995 Disability Discrimination Act, disabled people are now being treated as equal members of society. We have dropped kerbs, automatic doors, wide shopping aisles, lifts, etc.
The service provider is at last beginning to value the customer with a disability, but not yet realising how important it is to be able to park their car. The spending power of the customers with disabilities is £70bn so why not help us spend it?
Monitor disabled parking bays and fine people using them without a Blue Badge.
John Coxhead.

Pay Toilets Welcome Wheelers

New York City opened its first of 20 wheelchair-accessible, self-cleaning, public pay toilets in Madison Square Park in December. The usage fee is 25 cents for 15 minutes, after which the automatic door swings open and a 60-second self-cleaning cycle begins.

Since the 1800s NYC has had public pay toilet problems. The city outlawed public toilets in 1975 because they discriminated against women — there were no stalls. Subsequently, the city won a class action suit in 1993 that originated because of complaints by a homeless group about the lack of public toilets. Cemusa, the Spanish advertising company that won the bid to install the new toilets, will also add hundreds of news stands and bus shelters. All surfaces of the outdoor furniture, even the toilets, will be sold for advertising.

Source: NewMobility.com