His initial win was overturned on appeal and is due to be heard in the Supreme Court in June in a move that could, as campaign group Transport for All says, “set a legal precedent for enforceable priority over wheelchair space”. The Equality and Human Rights Commission (EHRC) supports Paulley’s case, and his awareness-raising helped win him the Sheila McKechnie Foundation award for campaigner of the year 2015.
Paulley has won almost all the 40 disability discrimination cases he has launched over the last decade. Paulley, who lives in a care home and uses a wheelchair, is an activist, not a lawyer. He has represented himself in all but three actions, challenging equality and accessibility barriers in organisations from pub chains to supermarkets and theatre firms. He has won around £10,000 in compensation over 10 years, he estimates, by bringing complaints under the Equality Act in the small claims court.
He answers critics who claim he’s motivated by money or that he enjoys being “a bully” – in fact he often donates damages to activist groups and stresses that the compensation amounts involved are “dwarfed by legal fees” – a reference to high-earning lawyers who represent service providers (the small claims court maximum award is £10,000 but discrimination-related claims generally fall between £600 and £6,000).
The full piece on Paulley, who volunteers at a local Oxfam and has fundraised for disability charity the Calvert Trust, is here.
As Ruth Gould, the artistic director of the UK’s biggest disability arts event, DaDaFest, pointed out in an interview I did with her for the Guardian, the latest cuts threaten to make disabled people “more invisible”. The work of disabled artists, as she says, is also at risk, thanks to sharp reductions in funding from local authorities and Arts Council England (Ace).
In 2001, Gould organised a one-off community arts event for Liverpool city council to mark International Disabled Peoples’ Day. As the head of the North West Disability Arts Forum (NWDAF), Gould, who is deaf, argued a single day was inadequate, and designed a groundbreaking week-long festival.
Fifteen years on, DaDaFest is the UK’s biggest disability arts event and Gould its artistic director. The NWDAF eventually adopted the name of the jewel in its crown (“DaDa” refers to the initial letters of each word in the phrase “disability and deaf arts”), so DaDaFest refers to both the festival and its parent charity. Each biennial extravaganza draws 10,000 visitors and participants. It has launched the careers of comedian Laurence Clark and actor Liz Carr, and helped Liverpool win European Capital of Culture 2008.
Gould commends the Arts Council’s Creative Case for Diversity, launched in 2014 to encourage more BME, deaf and disabled people into arts, but fears such efforts are a drop in the ocean. She explains: “We don’t have the disabled people who put people on the stage – the producers, the casting directors, curators, decision makers.” She adds of DaDaFest’s recent BME seminar: “We tried to attract those we see as gatekeepers…[to] look at the barriers and issues and use them to try and influence change by identifying benchmarks that we can reflect onto to see if change if happening.”
When newlywed Tessa got back to the hotel with husband Mark after their wedding, she found he’d arranged a surprise – he had scattered flowers and balloons around the room.
As Tessa recalls in a new project and book, Great Interactions by photographer Polly Braden: “I kept laughing at Mark – he was trying to throw the flowers around me…He’s happy now he’s married. We love each other. Being married doesn’t feel any different. That’s it. It makes me feel happy. Mark’s already got his name, so his wife will be Tessa Jane Ahrens, that’s mine and Mark’s choice. I used to be Warhurst – not anymore now. When my bus pass has run out they’re going to change my name on it.”
The couple’s story is one of many documented in Braden’s book and exhibition. The project aims to capture the daily lives of people with learning disabilities, from everyday interactions to landmark events like Mark and Tessa’s wedding. The book will be published next month and the images will also be featured in an exhibition at the National Media Museum, Bradford.
Polly Braden spent two years working with social care charity MacIntyre and the people it supports across the UK. The resulting work, refreshingly, offers a glimpse of the diverse, individual, ordinary lives of people with learning disabilities – around 1.5m people in the UK have a learning disability, but the population, usually seen as a homogeneous mass or single statistic, is defined by needs and lack of ability, as opposed to current or future potential.
Braden’s work does not gloss over the problems, but offers a different perspective. She explains: “The people I have met all have stories about the barriers, prejudice and ignorance they and their loved ones have faced in simply trying to have fair opportunities in life. But their stories are also inspiring and filled with heart-warming moments which would have seemed impossible to imagine earlier in their lives – from being active and using public transport to graduating from high school and getting married.”
The photographer’s aim was to try to take photos about support “at the best it can be, but not to gloss over the profound problems in the provision of care and support and the challenges around this as well”. The project tries to look at what can be achieved for people when they are given good support, “and to talk about what happens when they are not”.
The aim of the project is “to challenge out-dated, institutionalised images and improve public awareness by recognising and highlighting the every day interactions and life changing experience of people with a learning disability”. It also focuses on social care professionals’ attitudes towards and relationship with the people they support. As one support worker, Raul, told Braden of the person he works with: “Mikey needs this kind of support: he needs to be around people who know and understand him, who are willing to go a step further and discover the bright and amazing person he is.”
* All photographs by Polly Braden, the book Great Interactions is out in March and the six-week exhibition at the National Media Museum, Bradford, opens on 27 February.
* To mark the book’s launch, the National Media Museum and MacIntyre are asking people to share photos of “everyday moments that make life matter” on Instagram, using the hashtag #IamMe – see the website for more information
* For more reading, see this Guardian feature published at the weekend..
The act, 20 years old this autumn, was regarded as weaker than hoped for by campaigners – not least because its ideals were hard to enforce – and it was replaced by the Equality Act 2010 combining all anti-discrimination legislation under one law.
Back in 1995, beginning my working life, I remember talk and action relating to the most visible aspects of the new law – the installation of ramps in the workplace, for example, and accessibility on public transport.
Recent research, such as a report by Demos and Scope, Destination Unknown, outlines the disproportionate effect on disabled people of cuts to benefits including Disability Living Allowance (DLA), Employment and Support Allowance and housing benefit. Other reforms include the closure of the Independent Living Fund (ILF) and changes to unemployment benefit.
Speaking to disability campaigners and activities for a Guardian piece recently was a good litmus test for the act’s legacy. For example, Debbie Domb, of Hammersmith and Fulham Disabled People’s Organisations Network, “welfare cuts are pushing us further out of sight to the margins of society”. Activist Wendy Perez of LDA (Learning Disability Alliance) England says disabled people are now “treated like scroungers and as people who just take”: “In the last few years it feels like things have gone backwards. There used to be a lot of hope; but now it feels like hope is gone.”
As mental health campaigner Lol Butterfield, who has blogged on this site, says: “The Disability Discrimination Act has provided protection and support for people experiencing mental health conditions but we can never become complacent. We must always be reviewing its use and strength in these times of discrimination against the mentally ill. I have witnessed many positive changes within mental health services and society over all these years. But sadly we still have a long way to go.”
Baroness Jane Campbell, crossbench peer, disability rights campaigner, chair of the All-Party Parliamentary Disability Group, adds: “I was extremely privileged to be part of shaping and helping implement the Disability Discrimination Act (DDA). This brought rights into disabled peoples’ lives, gradually replacing the culture of welfare and charity. Sadly, the momentum was never maintained as we had dreamed.
For Clenton Farquharson, disability and equality campaigner and director of community interest company Community Navigator Services, the DDA meant suddenly he was not longer invisible: “I had a right to be noticed…But 20 years on, sadly, there is still no monitoring or enforcing of the Act, leaving us to fight as individuals for our legal rights — and that is a daunting, expensive, and dispiriting process.”
The DDA still symbolises a turning point for disability rights but while it was launched in a hopeful fanfare, two decades on for many people, the legislation rings hollow.
“The cabbage has a brain,” is, it’s safe to say, not the response that Jane Campbell’s prospective employers expected when they commented on her encyclopedic knowledge of social care during an interview for a new job.
That job, as founding executive chair of the Social Care Institute for Excellence in 2001, is just one of many high profile roles the 56-year-old cross bench peer (Baroness Jane Campbell of Surbiton, to give her the full title) has had in a career spanning some of the most pivotal moments in disability rights.
Campbell is one of the most influential figures in UK disability rights but there is still more than a hint of origins as a grassroots activist about her, as I explain in an interview for today’s Guardian.
For example, she recently resisted the temptation, she says, to join a protest she spotted against the government’s closure of the independent living fund (ILF) on her way into the House of Lords. The £320m programme that funds 18,000 disabled people’s community-based care was axed last month; Campbell, who campaigned for its creation 30 years ago, had spearheaded the fight to save it.
This is why, as Campbell told me, it is vital that disability be seen as a human rights issue: “If I can do anything in my life, it is to bring disability out of the medical model and dump it where it should be – right back in society.”
One recent success was to bring a private members bill to ensure that people with disabilities who are supported by councils will still get that support if they move to another local authority.
The full interview is here but, just for the record, this potted version of Campbell’s CV reflects why she has been awarded not one, but two, lifetime achievement awards (from human rights organization Liberty in 2009 and this week’s one from social justice thinktank Bevan Foundation), an MBE, a DBE and two honorary degrees:
June 2015-present: member, post-legislative scrutiny select committee, Equality Act 2010, disability provisions
2007-present: independent crossbench peer, House of Lords
2006-09: chair, disability committee, and commissioner, Equality and Human Rights Commission
2008-2014: co-chair, All Party Parliamentary Disability Group
2008-2013: member, House of Lords appointments commission
2010-2012: member, House of Lords joint committee on human rights
2009-2011: chair, Independent Living Scrutiny Group, Office for Disability Issues (ODI), DWP
2008-2012: chair, Advisory Group on Right to Control, ODI
2008-2009: member, standing commission on Carers
2006-2009: chair, Disability Committee, and commissioner, Equality and Human Rights Commission
2006-2007: chair of the Independent Living Review Expert Panel, ODI
2001-2005: executive chair, Social Care Institute for Excellence
2000-2007: commissioner, Disability Rights Commission
1996-2012: co-director (to 2000), then trustee, National Centre for Independent Living
1994-1996: independent consultant on direct payments
1991-1995: co-chair British Council of Disabled People
1988-1994: director of training, London Boroughs Disability Resource Team
1987-1988: principal disability advisor, London Borough of Hounslow
1986-1987: disability training development officer, London Boroughs Disability Resource Team
1984-1986: equal opportunities liaison officer, Greater London Council
“More busy”. This quote from Kelvin Burke of Rocket Artists reflects what people with learning disabilities need in order to be more included in society; people want to be busier with opportunities to do, make and see more things, to have more time to spend with people (incidentally, that’s people who hang out with you by choice and because they share your interests, not simply because they’re paid to support you).
Kelvin shared his words at a Tate Modern seminar on inclusive arts that I was involved in earlier this week. The event’s title – “a research discussion bringing together practitioners and academics to explore issues around inclusive arts practice” – doesn’t do it full justice.
This engaging, creative, interactive, collaborative and fun event (yes, fun! There was golden ink! Stickers! Sewing patterns! And cake – both drawn and real!) encouraged participants (academics as well as artists and performers with learning disabilities and without) to explore the barriers to social inclusion, within the context of the arts sector.
People on the table I chaired talked about what stopped them from being more involved in society as well as what needs to happen to change that.
Although these issues are something I’ve looked at before (see, this piece or an opinion piece here about the unequal treatment of learning disabled people), until Monday I’d not explored them with marker pens, golden ink, coloured stickers, gargantuan Post-it notes, A4 size speech bubbles and dressmaking patterns.
But there’s a first time for everything (and now I only ever want to write in golden ink).
More seriously, the method and materials were necessary if the discussion about access and inclusion was to be accessible and inclusive, so everyone had an equal opportunity to contribute thoughts, words, doodles and designs.
I can’t faithfully describe all the challenges and solutions identified in a room buzzing with the ideas of around 50 people, but a few ideas are captured in the images on this page. (unfortunately I wasn’t able to take a shot of the “Bolloxometer” designed, I believe, to slice through meaningless rhetoric purveyed by those in authority, but I’m first in the queue for this should it ever go into production).
Time was, however, a big theme for discussion. Those who work with people who have learning disabilities said they wanted more time for sustainable projects (rather than be caught in commissioners’ and grant-makers’ short-term funding cycles). People with learning disabilities said they wanted more time to do things they enjoy, as Kelvin said.
Words like “equality”, “access”, “value” and “listen” cropped up a lot. As did the importance of celebrating differences and valuing people for what they can do, not defining them by what they can’t. While the challenge of funding and cuts (both to social care and the arts sector) was a major concern, people were generally unwilling to focus on money alone as a problem or solution, when so much rests on changing the perception of people with learning disabilities.
Rocket Artists performed towards the end of the day, captured in this lovely shot shared on Twitter by Brighton arts organisation Phoenix:
The event also included the launch of a thought-provoking and beautifully produced new book, Inclusive Arts Practice. Authored by the University of Brighton’s Alice Fox (also artistic director of Rocket Artists) and Hannah Macpherson, it was created through interviews with and guidance from learning-disabled and non-learning-disabled artists. The book looks at inclusive arts – defined as “creative collaborations between leaning disabled and non-learning-disabled artists” – and its “socially transformative potential for collaborators and audiences”.
It addresses difficult questions, such as the differences between art therapy, occupational therapy and inclusive arts and clearly sets out the practical steps to create more collaborative art. The book acknowledges the fact that the term inclusive arts “presupposes exclusion” and asks how such collaborations between artists of different abilities can have real, cultural value (something I’ve blogged about before and which the Creative Minds project is exploring).
The book makes a persuasive case for everyone to have a cultural life in their communities; Southbank Centre director Jude Kelly, for example, comments in the book on how “we believe in cultural rights as a profound part of human rights”. Creative collaborations with the use of time, trust, skills and choice, are presented as “a force for societal good”:
“People with learning disabilities tend to be undervalued members of society, are much more likely to live in poverty, and are much more likely to suffer hate crime than their non-disabled counterparts. It is estimated that around 1.5 million people in the UK have a learning disability and over 3,000 of these people have spent over a year in an ‘assessment centre’, often a long way from family, and which is not designed to be a permanent residence. Many people with learning disabilities do not have access to any regular creative leisure activity outside their residential environment, despite the proven benefits of such activities for health, well-being and resilience…”
Inclusive arts can make audiences “feel differently about the people whose work they see and they can feel differently about themselves”, that is one powerful message in Inclusive Arts Practice.
Which is why the inclusive arts movement has an important place when it comes to equality for people with a learning disability. “We want greater powers to be seen, to vote, to be included, have the same opportunities in social life, education and employment as everyone else,” as campaigner Gary Bourlet says, or as the rights set out in the campaigning LB Bill show).
As for the sewing pattern that everyone contributed to on the day, one stylish spark made the beautiful observation that the final garment, emblazoned with words and images setting out some ways to break down social barriers, should have a sliver lining; the team from Brighton now plans to make the dream coat a real life action mac.
I’m so grateful to Anila Jolly (pictured above, with her brother Sunil) for speaking so frankly about her relationship with her sibling.
As she says, siblings of disabled adults are “largely invisible” to care providers, but their “insight and perspective can be valuable”.
There’s more on these issues in a piece on the Guardian’s social care network today; 1.7 million adults in the UK have grown up with a disabled brother or sister but campaigners say their support needs and caring role are overlooked.
My piece today focuses on the work of Sibs, the UK’s only charity for siblings of children and adults with a lifelong learning disability.
Sibs’ call for greater recognition for this comparatively invisible group is timely given the next tranche of welfare cuts, says its chief executive Monica McCaffrey – “people who don’t have critical or substantial need will have little or no support … siblings will have to ensure people are safe and we want them to have a voice within adult social care.”
In addition, the role of siblings should be seen in the context of Carers Week next week and the are growing calls for families to be fully involved in the care of disabled relatives (take the campaigning LB bill , for example).
You can read more here about siblings’ distinct role and how care providers and commissioners often underestimate their contribution.
Richard Ward has barely taken a day off sick since he started working 15 years ago. His friendly nature and keen eye for detail suit his role at a Boots store in Coventry, date-checking food, stacking shelves and helping customers find what they want. Ward, 33, says: “I like earning my own money, getting on well with the staff, seeing different people every day and it gets me out of the house.” Ward earns £600 a month, just over the national minimum wage.
Ward lives with his parents in Walsgrave, Coventry, and was referred to a local jobs support service by his special school; mainstream job agencies and government-run employment schemes would consider him unemployable. His mother Jane says he would be on benefits without the specialist job advice, coaching and long-term support from Coventry city council’s The Employment Support Service (TESS) for people with learning disabilities or mental health issues.
However, Ward’s job is under threat, along with those of another 100 people TESS currently supports to maintain employment and the 30 it helps annually into new jobs. The Labour-run council has earmarked the nationally acclaimed 22-year-old service for closure, a victim of public sector cuts. Its future after this December is unclear.
Coventry is not unique; supported employment is a Cinderella service, not a local government statutory requirement. A 2011 poll by the British Association for Supported Employment (BASE) of 50 of its members found half face council funding cuts of at least 15% and a quarter fear 50% to 100% cuts.
The situation in Coventry has sparked worries for families of younger disabled people elsewhere. They warn that supported employment cuts are at odds with special educational needs and disability reforms aimed at raising the aspirations of future generations.
In a joint comment Sherann Hillman co-chair of the National Network of Parent Carer Forums (NNPCF) and Sue North from Contact a Family said: “Parent carers of young people with disabilities and special educational needs say fear for their child’s future is one of their top concerns. This is because young people with special educational needs and disability are less likely to find employment and live independently – and face other additional barriers as they grow up. Any threats to provisions such as supported employment schemes, will inevitably compound these fears and worries.
People TESS supports spoke in its defence at a public meeting last week organised by local unions. Among them was Hayley Archer, who has a learning disability. Her mother, Suzanne, stresses the wider impact of supported employment must be recognised: “People like Hayley are changing society’s attitudes by having a role in the workplace and by working alongside people without learning disabilities.”
Archer herself, an administrative apprentice at the council, has a simple request for her future: “I really want to keep working.”
Paul Luscombe rises confidently from his wheelchair, sets one foot in front of the other and walks steadily between the parallel bars in the rehabilitation gym of his care home.
The simple task is, as Luscombe says, amazing, given that a stroke five years ago left him unable to walk. When he moved into the home from hospital, he spent most days in a wheelchair, hunched over the weaker right side of his body.
Today the 50-year-old’s speech is limited and he cannot yet walk unaided, but he is proud of his “gradual progress” at the Peter Gidney Neurodisability Centre in Dartford, Kent. Luscombe’s care at the privately run home is funded by his local clinical commissioning group, NHS Dartford Gravesham and Swanley CCG, and the possibility that he may live independently again is, he says, thanks to the physiotherapy that is “so important” in that care.
I saw for myself how determined Paul was and how vital the role of physiotherapy is in his care when I met him last week. The full piece is in the Guardian tomorrow and online today and explains how research by the Stroke Association and the Chartered Society of Physiotherapy (CSP) shows that stroke survivors entering care homes are “written off” and not offered adequate rehab treatment.
New residents, according to the study, do not get a stroke-specific assessment within 72 hours of their admission, ignoring National Institute for Health and Care Excellence (Nice) stroke guidelines.
The new network will collaborate with the council “to ensure disabled people’s involvement in the design and delivery of new policies and programmes”. In this guest post, Kevin Caulfield, who chairs HAFCAC, and fellow campaigner Debbie Domb, explain more about the new organisation and you can read more here.
Why we launched the Hammersmith and Fulham Disabled People’s Organisations Network:
DD: Our main aims are to promote the rights of disabled people, to support local disabled people to speak up and get their voices heard and to promote the social model of disability.
KC: This is hopefully dawn of new era in Hammersmith and Fulham. We want to work in equal partnership where we can with the new council. Bringing together the borough’s disabled people’s organisations (DPOs) unites our experiences, expertise providing peer organisational support.
How the new group will be different to existing organisations:
KC: We believe it’s the first local network of DPOs certainly in London. We need more than ever to work together to defend and promote inclusion human rights of disabled people.
We believe there’s something of a “tipping point” in disability rights at the moment:
KC: We have had enough of the scapegoating, punitive policy changes pushing us back to the margins and some of us over the edge to desperation, isolation, destitution and in some cases suicide or death by negligence.
DD: In the borough of Hammersmith and Fulham, these factors were magnified as we were ‘David Cameron’s favourite borough.’ (Thankfully no longer ) Policies were implemented here prior to being rolled out nationwide. Disabled people were treated with total contempt by [Tory former council leader] Greenhalgh et al; we were laughed at in council meetings and not allowed to speak. cuts to our services were disguised as ‘efficiencies’ and we were treated as cash generators.
HAFCAC started as a grassroots campaigning group that was entirely self funded. Since then many grassroots campaign groups of disabled people have formed. Ian Duncan Smith particularly targeted disabled people as we were perceived as unable to fight back, groups like DPAC (Disabled People Against Cuts) which spearheaded actions by hundreds of disabled activists show he was mistaken.
There is a raft of issues locally that disabled people are concerned about:
KC: Nearly every aspect of our lives [concern us] but locally
· Hospital closures
· Accessible and truly affordable housing
· The breaking up of schools making inclusion of disabled students less likely
· Charging for services
· Eligibility for state support
· Cuts to standard of living, destruction of the welfare state.
· Closure independent living fund
· Taking our direct payment support service in house with no consultation
· Quality of home ‘care contracts.
We have a vision for the future work of our new organisation:
KC: I hope we have created a new model for working effectively with a council that is different from involving us just when the decision is about to be made that we are seen as a flagship borough all over for promoting disabled people equality and starting to make it really happen. That we can expose austerity for what it is a calculated pernicious opportunity used to demonise, discriminate, worsen life chances by punishing the poor and marginalised.
DD: Finally we have a council that wants to engage and work with us, the relationship is mutually beneficial. It will be fantastic if Hammersmith and Fulham can be seen as a flagship borough for disabled people’s equality, as rather than as previously the borough who ‘put disabled residents last.’