Archive for June, 2004

Immigration: Eligibility for Funding, Further Education

All categories – eligible provided they are in receipt of state benefits for Learning and Skills Council funding. Means tested state benefit i.e. Income Support, Job Seekers Allowance. Also NASS Assistance and assistance from Social Services

Dependents are also entitled to free education.

Those in receipt of Job Seekers Allowace ad Income Support – study for no more tha 16 hours per week.

Remission of fees does not apply to courses classified as “self financing” or “full cost”.

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Asylum: Education, Oath of Allegiance

Oath of Allegiance

I (name) swear by Almighty God (or do solemnly and sincerely affirm) that on becoming a British Citizen I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth the Second, her heirs and successors according to law.

I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British Citizen.

The oath will be sworn before the Registrar or Births, Marriages and Deaths in a ceremony hosted by the local mayor with MPs, celebrities and other dignitaries.

The immediate questions that spring to mind, in the case of Deaf applicants is:
a) there a requirement to say this in English?
b) if this can be signed in their own country signed language, or BSL, who will translate the meaning to the Deaf applicant, so it can be signed appropriately?
c) will funding be provided so that a Deaf applicant can be taught to sign the above?
d) will an interpreter be provided at the ceremony, and will they actually be interpreting appropriately? Or will they be reading from a standard card? Will a relay interpreter be provided?

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Asylum: Education, Learning English

Another requirement for citizenship is to learn English. English Language will be assessed through the testing of 6 topics. The target will depend on what level of English was present on arrival, and there is a need to show improvement. If fail, then the applicant will be able to re-sit.

Teaching Deaf people English, the usual curriculum requirements do not always fit. For example, sometimes homophones are taught at the start of an Adult Basic Education curriculum.

Homophones focus on words that sound the same, like caught and court, or pair and pear. There are many other examples. Such concepts can be alien to profoundly deaf people, and therefore its inclusion in such a curriculum to teach spelling, will not teach Deaf people English.

Another major concern is over Deaf people’s access to suitable specialised English courses, which is likely to be an issue under the dispersal system. Dispersal, as already touched upon, will not make specialist courses for Deaf people viable because of low concentration of numbers.

Communication support in Education usually takes place via Commuication Support Workers or Educational Interpreters. Natural questions lie around whether these persons will have the competency in respect of language skills, and whether communication or interpretation is a step far enough. Access to the teaching of English can go beyond purely working in 2 languages or more.

Trying to fit Deaf people into the same box is in effect discriminatory, and policy wise does not achieve intended outcomes, and policy in this area should be revised, or the very least, built upon.

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Asylum: Education, Learning about Britain

Topics that must be covered in respect of Learning about Britain include: where to obtain help; employment; utilities; law; Multi Cultural Society; Institutions

Questions:
a) Will there be suitably qualified interpreters to allow Deaf applicants to access this education programme?
b) Will interpreters be familiar with the Deaf person’s home country sign language?
c) It is current practice for Commuication Support Workers to be used in Further Education, and will these members of staff have sufficient skills to commuicate? Will there be a recogition by education providers of the role of Deaf Relay Interpreters?

The Learning about Britain component is very much focused on mainstream services, and whilst I am supportive of inclusion, the fact remains that Deaf people are significantly marginalised within society. Therefore, to give a Deaf person information about where to obtain help, is going to be a fruitless and pointless exercise unless this is backed up with information on the Disability Discrimination Act and their legal right to an interpreter (as many mainstream service providers will be clueless); and/or information on specialist services for Deaf people. Eg, specialist advice services, where they can gain information direct in a signed language.

The above programme is likely not to be comprehensive enough for Deaf people in the sense that it assumes a lot of prior rights. A Deaf applicant may
not be accustomed to being treated as an equal citizen, full access may be an alien concept for them, therefore to expect this to just happen automatically is pointless. It is not something that a short course can tackle either, and should be encouraged longer term via advocacy. Such an option cannot be compulsory, this could effectively be asking more of Deaf
applicants (and be construed as discrimination), but the option should certainly be developed. I see this as being a partnership between statutory services, education providers and Deaf people.

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Asylum: Education Programme

A committee led by Professor Sir Bernard Crick suggested a 3 stage education process for those Asylum Seekers, which must be completed before Refugee Status is granted:

- Learning about Britain
- Learning the Language
- Oath of Allegiance

Each of these elements and how they affect Deaf applicants, will be considered in subsequent posts. However, here I would like to touch upon the fact that these requirements are somewhat narrow in expectations, and could be described as being recommended on the assumption that one box fits all.

These elements certainly will not provide the full necessary information for a Deaf person to exercise his full citizenship, and information plus training needs to be much broader than this. For example, provision for learning BSL, information on deaf organisations, the Disability Discrimination Act, information on access to institutions etc.

Some of these concerns have not been addressed, as deaf organisations have been too focused on mainstream issues, immigration organisations on mainstream applicants as opposed to those who are marginalised. It is time that these two worked together, to move provision forward. It is vital any initiative includes Deaf people in the lead.

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BDA CEO Moves On

jeff.jpgJeff McWhinney has resigned from the post of CEO, at the British Deaf Association. A copy of the Press Release, can be found here.

Due to relocation of the BDA to the Midlands, Jeff is putting his family commitments first. He has 4 Deaf children, and he wants to put his family first. Moving, would put their Education at risk, in the sense that we still have a postcode lottery in the UK. Not all Local Education Authorities support bilingualism, or at the very least choice, and parents are forced to move or remain in a particular area not to risk gambling the education of their choice in respect of their child.

Jeff has been instrumental in pressing the Deaf agenda over the past 9 years, and this has spilled into the legal field.

He campaigned for Deaf people to serve on juries, and was behind the test case R v A Juror (1999) (Jeff McWhinney), which clarified the meaning of the Juries Act 1974, which prohibits a 13th person being present in the jury room.

finger.jpgJeff certainly brought his humour to the BDA too, which enabled the organisation to reach the core Deaf community, and respond appropriately.

Under Jeff’s leadership, the BDA established an annual Film Festival, which was a highlight of the Deaf social calendar, and has had supported up and coming film makers.

The BDA has lobbied in appropriate parliaments, as part of the wider campaign for BSL recognition.

I certainly shall miss his presence, especially chatting to him at conferences. Jeff, thanks for everything you’ve given over the past 9 years. I hope that you will not leave the scene completely, as you have got too many skills.

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Deafblind Awareness Week

reachout.gifThis week is Deafblind Awareness Week.

Local authorities have a legal duty to provide appropriate services for Deafblind people. Only 4% of the UK’s 23,000 Deafblind people are in receipt of these services. Source: Sense

Under s7 Local Authority Social Services Act 1970 the Department of Health issued a guidance Social Care for Deafblind Children and Adults (LAC 2001 (8)) to:

- Identify, make contact with and keep a record of deafblind people in their catchment area (including those who have multiple disabilities including dual sensory impairment);

- Ensure that an assessment is carried out by a specifically trained person/team, equipped to assess the needs of a deafblind person – in particular to assess need for one-to-one human contact, assistive technology and rehabilitation;

- Ensure that appropriate services are provided to deafblind people, who are not necessarily able to benefit from mainstream services or those services aimed primarily at blind people or deaf people who are able to rely on their other senses;

- Ensure they are able to access specifically trained one-to-one support workers for those people they assess as requiring one;

- Provide information about services in formats and methods that are accessible to deafblind people;

- Ensure that one member of senior management includes, within his/her responsibilities, overall responsibility for deafblind services.

Further information can be found on the Sense; Deafblind UK and Usher UK websites.

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Asylum: Dispersal & accommodation

The Home Office currently operates a dispersal system for Asylum applicants
across the UK, to get applicants out of London. Current dispersal across the UK, is:

Yorkshire and Humberside 8,470
North West 8,155
West Midlands 6,930
Birmingham 3,010
Manchester 2,345
Liverpool 1,645

The implication for Deaf applicants is that specialist services might not be provided in the provinces, and the setting up of accessible services might not be justified due to low concentration of numbers of Deaf people. The need for specialist services, or at the very least accessible services with a necessary level of expertise, will be touched upon in subsequent posts, especially around education.

Accommodation may be provided by a local authority, housing association or a
private landlord. There are different types of accommodation: hostels offering full board for single people; self catering houses or flats for families. The provider of accommodation is responsible for advising on how to access local services. The question remains, if there are no Deaf or sign language users (who are capable of international sign) as providers of accommodation, how can this objective be achieved in respect of Deaf applicants?

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Asylum Seekers: Access to Money

NASS: The National Asylum Support Service

From April 2000, NASS has taken over the administration of benefits from local authorities and the Benefits Agency.

NASS works with reception assistants (from voluntary organisations) at ports of entry to provide subsistence support and accommodation. Asylum seekers may apply for a ’subsistence only’ package if they wish to stay with family or friends. If they are eligible for support, asylum seekers will be ‘dispersed’ to language cluster areas. Travel arrangements are made by NASS.

Previously provided vouchers, but now provides cash. There is different levels of support or single people, married couples and children.

Currently there are two methods to access cash support: the ‘receipt book method’ and the ’smart card method’. Asylum seekers present their ARC or receipt book at a designated Post Office and receive cash.

From 23 July 2002, asylum seekrs are no longer allowed to apply for work.

Additionally, from 8 January 2003, in-country asylum applicants will not receive support entitlement, except where special issues are identified. This poses as a possible route for indirect discrimination against Deaf applicants, but there is no redress under discrimination legislation.

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Asylum Applications: Judicial Review

Judicial Review is a essential process of administrative law. It is where an applicant asks for the High Court to rule on the appropriateness of an administrative agency. A distinctive feature of judicial review is that the “appeal” is not usually limited to errors in law but may be based on alleged errors on the part of the administrative agency on findings of fact.

A distinguishing feature of judicial review is that it reviews the process of the decision making and not the decision itself, therefore it is not really an appeal. Government minister’s decisions can, and often are, judicially reviewed. This includes the process undertaken in respect of asylum applications, and in the course of findings of fact, and this could include whether appropriate access to language took place, to ensure the correct facts were obtained.

However, whilst it could be a vital redress mechanism in the case of asylum applications; an application for Judicial Review, is not supported by funds from the Legal Services Commission, and appeal must be made outside the UK. This can prove problematic for Deaf clients, in the sense that they may not be able to access written or spoken languages outside the UK, in terms of communication support, or have sufficient command over a language that has been written. This proves problematic in the sense that a Deaf applicant could be indirectly discriminated against, because of simple lack of access in their home country.

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