Archive for July, 2004
DDA preparation a shambles
Posted by Alison in Uncategorized on July 31, 2004
TUC has issued the following in relation to lack of accessible conference facilities:
Failure to find 2005 National Disabled Conference Venue
In a shocking admission of national failure to address DDA access issues, TUC Disability Conference delegates were given the news that there is no suitable venue in the UK to host the 2005 two day TUC Disability Conference.
Only two months before DDA Access to goods and services becomes fact, the one day Disability Conference held at TUC Congress House on Friday 23 July was advised that the TUC had contacted and reviewed all major conference venues and ‘it is regretted that none of them can currently provide what is needed for this event – a fully accessible venue, with enough suitable bedrooms within the host resort / town.’
Historically recognised conference centres such as Blackpool, Brighton, Bournemouth and Scarborough cannot fulfil the needs of disabled people at such an event until at least 2007.
Major cities such as Manchester, Birmingham Sheffield and York cannot offer the Disabled conference any financial support package which major conferences normally expect.
Stephen Brookes, Chair, NUJ Disabled Members Council and disability Journalist and researcher was appalled by the news.
‘I live in Blackpool, and to find that my home town which has always been in the forefront for national conferences has no suitable venue is just not acceptable.’
While recognising that the news reflected a national failure, Stephen nevertheless was unhappy at the status of his home town.
‘Last year a similar conference was held in Blackpool, in a new hotel, and it failed to address the accessible needs of disabled people. But nationally the truth is that no one has taken the basic needs of DDA95 into consideration, or recognised that they have had 9 years to come to terms with the fact that disabled people have legal rights. It is just not good enough.’
The TUC is undertaking a campaign to challenge the hotel industry and local authorities to provide greater numbers of accessible rooms and facilities for business use by disabled people and organisations.
‘After all’ said Stephen ‘there are 10 million disabled people, and they all spend money at the conferences, so to ignore that is financial suicide anyway.’
end. DDA and DisConf.
Call Stephen Brookes on 01253 594114 for further details.
Stephen Brookes
This is an issue that I’ve greatly anticipated for many years. When I was involved in campaigning for a Disability Bill, back 1993, and the subsequent watered down Bill by the government in response to all those tabled amendments … we were disheartened to learn that it would take 9 years for some of the Act’s provisions to come into force.
At the time I was thinking, this is way too long a time frame, and its not going to happen. The excuse by the then Conservative government; businesses needed time to financially prepare, then time to implement physical changes.
For the past 9 years, this section of the DDA has received very little press, which has rendered the policy reasoning ineffective. The draft Code of Practice was not published until mid-2001.
During 2004, there has been a spur in the press, especially local and publications aimed at businesses, in relation to physical adjustments. It is also being portrayed as a new thing, and very little use to longer term budget planning, strategic decisions, nevermind anything else. The TUC announcement therefore, comes of little surprise.
Iberia and Ebookers
Posted by Rob in Disability Discrimination on July 26, 2004
There has been recent publicity about a group of 23 Deaf Mary Hare Grammar School students being told to leave their plane because they did not have a “carer” with them. What exactly is the legal position here?
What happened?
The group of 23 were due to go on holiday to the Canary Islands on Thursday 22 July after completing their A Levels. They got on their Iberia Airlines plane, and were told to leave by staff because they were not allowed to travel without escorts, simply because they were deaf.
Why?
Iberia Airlines defended its actions saying that it was only following regulations, although the UK Civil Aviation Authority says it has no such regulation.
ebookers.com (the travel company that the 23 booked their flight with) said: “The group were regrettably mistakenly booked by bookers to exceed airline restrictions on the number of persons with disabilities Iberia are able to carry on any one flight, without carers.”
It would appear therefore that the reason this embarrassing incident occurred is because an unamed aviation regulation states that Deaf individuals are not allowed to fly in groups. If a group of Deaf want to fly, they must have hearing carers (sic) to accompany them. Also, it is apparently the travel agent’s duty to inform the airline if a large group of Deafies are travelling with them.
What’s wrong with this?
A great deal. 23 Deaf individuals were denied their right to fly on an aeroplane simply because they are Deaf. Iberia Airlines have not stated the full authority for this decision, and indeed, the UK Civil Aviation Authority has denied that one exists.
And besides, when did Deaf people need “carers”?!
What is the legal position?
In the UK, disability discrimination is governed by the Disability Discrimination Act 1995. Unfortunately, it does not extend to transport. The Disability Rights Commission’s website says:
Most services are covered by the DDA. Anyone who provides a service to the public or a section of the public is a service provider. There are a few exceptions: private clubs that have a meaningful selection process for members, transport (but only the transport vehicle, not everything else connected with it such as stations, airports and booking facilities) and education (DRC).
This means that the 23 Deaf students cannot challenge Iberia Airlines under the DDA 1995. There are no other avenues to explore.
Attitudes
The BBC report quoted that
Despite their disability? How patronising is that? This reeks of the usual “Awh, poor deafies, they can’t do anything for themselves. Isn’t it sweet that they’re going off on holiday on their own after working so hard in school?”. And from a parent of a Deaf person too!
This is further evidence of why attitudes towards the Deaf community in the UK needs to change and why grass roots organisations such as the British Deaf Association and the Federation of Deaf People should be fully supported by the Deaf community at large. The FDP and BDA and other Deaf organisations should campaign to remove the transport exemption under the DDA 1995.
Useful links
Contact details for Iberia Airlines if you want to lodge a complaint about their appalling treatment of Deaf people
ebookers.com if you want a lodge a complaint with them for sucking up to Iberia Airlines
DPTAC: Access to air travel: guidance for disabled and less mobile passengers
NB. Quotes in this entry are taken from BBC News
Thanks #1
Posted by Alison in Uncategorized on July 15, 2004
Stealing an idea from Notes from the (Legal) Underground.
Thanks to the following websites that have linked to us, since our launch:
The Law Society of Scotland
Press Association, Community Newswire
The Lawyer
The Legal Practitioner
College of Law
UK Centre for Legal Education
The Law Teacher
lawcareers.net
Auckland District Law Society
National Deaf Children’s Society
University of Edinburgh Careers Service
University of Bristol Careers Service
Newcastle University Library
Cardiff University: Careers Service
Anglia Polytechnic University Careers Service
University of Glamorgan Careers Centre
University of Warwick: Careers Centre
University of Manchester: Library
University of Kent: Careers
Canterbury Christ Church University College: Careers
British & Irish Association of Law Librarians
venables.co.uk
Deaf UK
Surduslaw
Deaf Ireland
USA-L News
deaf.is
Royal Association for Deaf People
RNID Discussion Forum
deafclub.co.uk
Association of Lipspeakers
PR Web
RSS Xpress
Chiromeme
North of the Stupid Line
Abaculus
irishdeaf.com
Blawg
uk.people.deaf
holeinmyhead.net
London Bloggers
Brit Blog
UKBlogs Aggregator
weblogs.co.uk
Deafview
Blogwise
directory.co.uk
Social Science Information Gateway
yousearched.com
century21.co.uk
DeafGA
Community Newswire
Deaf Academics
Dis-Forum
Disability Careers Forum
E-newsli
Law-www
If we’ve missed any links out, please let us know via the comments feature. If you link to this site via you blog, please ping us by using the Trackback. Alternatively, if the link is via other means, contact us.
CLS Direct
Posted by Alison in Community Legal Services on July 14, 2004
The Just Ask! website has been re-launched as Community Legal Service Direct. This website provides extended information in relation to Community Legal Services.
It is a shame that BSL still has not been properly addressed by the Legal Services Commission. A BSL search under the directory, currently provides 2 matches (nationally): the DRC and the Disability Law Service.
I personally regard both these services are not currently accessible to BSL users. Unless of course you book BSL/English Interpreters, in which case, all advice services should come under this requirement, by virtue of reasonable adjustments under the DDA. Why single out two here, unless you are providing direct BSL advice, with the right competency.
Otherwise, to contact the DRC, you have to go through their helpline, which will invariably mean that you have a good command of English. Their publications and website is not available in BSL. So how can the DRC claim to provide advice accessible to this group? I would expect a higher standard from the DRC anyway, due to its position, and this leaves a lot to be desired.
Where is the monitoring from the LSC here? Would they know what to look out for in the first place? Somehow I very much doubt it.
Where is the funding streams for specialist legal services in BSL, from the LSC? There is also no recognition that Deaf people as a group, can fall outside traditional advice funding streams, due to their geographical spread, which has implications that go further than economies of scale. Such issues should be looked at, and a recognition that one size does not fit all.
In terms of engagement of minority groups, such as Deaf people, and be more proactive towards inclusion, the LSC has a long way to go.
Your chance to advise the Met on disability issues
The Metropolitan Police Service is recruiting disabled people to become independent advisors to the Met on community police issues.
The new Disability Independent Advisory Group (IAG) will help the Met to improve its service for disabled people. Its involvement could range from reviewing and improving the investigation and prevention of disability hate crime to advising on how to create a disability aware police service and assisting in critical incidents.
The impetus to set up a Disability IAG came from a community consultation conference that the Met hosted in 2003, which was attended by police officers and disabled members of the public.
Linda Van den Hende, Director of the Met’s Strategic Disability Team, said:
“This is a unique opportunity for disabled people to make a positive contribution to policing in London. Through this new group we want to ensure that their needs are addressed and that liaison and trust continues to be built between the police and disabled people in the capital. We will be working together to make London a safer place to live and work.
“I would urge anyone interested in joining the group to contact us for more information and an application pack.”
Disabled people interested in applying should contact the Met’s Strategic
Disability Team:
Telephone: 020 7230 2576
Fax: 020 7230 2392
Textphone: 18001 020 7230 2140
Email: disability@met.police.uk
Website: www.met.police.uk
The closing date for applications is 31 August 2004.
Application packs are available in other formats on request.
Other independent advisory groups already exist within the Met. In January 1999 the Independent Advisory Group was established. The Lesbian Gay Bisexual Transgender Advisory Group was set up in January 2000 to meet the specific needs of this community. Building on this, a number of specialist and local groups have also been formed.
The Met sees involvement and advice from Londoners as an integral part of 21st century policing in the capital. The existing advisory groups represent the most significant consultation and advice mechanisms the police have ever had.
For further information and interview requests, contact Sarah Partridge on 020 7230 3509 or email sarah.partridge@met.police.uk
Press Bureau
New Scotland Yard
Tribunals shooting themselves in the foot
Last week, I received the following:
If you are unable to provide your own interpreter, the Employment Tribunal Services will consider hiring one or two people from Sign Solutions to attend the hearing.
Could you please let me know if you are able to provide an interpreter as soon as you are able so that appropriate arrangements can be put in place with the employment tribunal.
It is unbelievable in 2004, that such attitudes exist within the Tribunal Service. What is more worrying, that certain Deaf people would say yes to such requests, and take along a family member to “interpret” for them. They will do this, sometimes to give themselves a false sense of security, they are not aware of their rights, the implications of using unqualified interpreters or what makes interpreting stand out as a profession.
For those people reading this, the Tribunal Service is responsible for booking such services, and for any costs incurred. These should not be passed onto either party.
The tribunal is potentially breaching the Disability Discrimination Act, if it went ahead and used a family member, friend or colleague. Particular note is drawn to s.19 and s.21.
Please note that interpreting is a specialised profession, and just because a person is able to sign, does not mean they are qualified to interpret.
If a tribunal’s administration systems come up with such suggestions, and they are not able to pick up the implications of what they are suggesting; for example, how this flies in the face of natural justice, then I do have grave concerns regarding the tribunal being able to assess fairly, any disability discrimination claim put before it.
Making such a suggestion, they are not following the Council on Tribunals‘ guidance, produced jointly with the Disability Rights Commission in 2002: Making Tribunals Accessible for Disabled People: Guidance on Applying the Disability Discrimination Act
Secondly, the relevant Code of Practice under the DDA.
Thirdly, a Guidance on Providing British Sign Language / English Interpreters under the Disability Discrimination Act 1995 has been produced, which specifically will address Deaf people’s access to service providers, amongst other things.
There is also a shorter Quick Reference Guide of the same document, highlighting the duty to provide interpreters.
A BSL version of the same document can be found here.
Tribunal Services everywhere, please take note.