UN Convention on the Rights of Persons with Disabilities

Debate between Dan Carden and Rosie Duffield

Wednesday 20th June 2018 Westminster Hall

[Dan Carden (Liverpool, Walton) (Lab)]

In Liverpool, when a constituent tries to appeal one of the rulings of an assessment centre, there is a nine-month wait at Liverpool tribunal services. The case that I raised with the Prime Minister of my constituent Anthony has been resolved individually, but thousands of constituents are affected.

[Rosie Duffield]

I have heard of similar waiting times, too. It is really distressing and adds to all the trauma that has been going on. I will give an example: Julius Holgate, who is a double leg amputee, won an appeal. The Department for Work and Pensions told him that he was fit to work because he could

“climb stairs with his arms.”

Because he lost his benefits, Julius resorted to selling his belongings in order to survive. The DWP claims that this was a clerical error, but in reality, it was an error caused by a lack of humanity.

Article 28 of the UN recommendations calls on the UK Government to ensure that all eligibility criteria and assessments for PIP, employment and support allowance and universal credit are in line with the social model of disability. When is that being done? Despite the repeated, serious and notorious assessment failures by Atos and Capita—the outsourced companies that conduct the assessment—the Government have renewed their contracts to run the assessment process for two more years. These organisations have repeatedly failed to meet their target of 97% acceptable tests, and 100,000 people have won appeals against their assessments. How much is this flawed system costing the Government? If we ignore the human element just for a second and question how much each reassessment and court challenge costs, surely we can agree that this money would be better spent on rolling out decent provisions for the disabled and on remedying those affronts to human rights by introducing a holistic, bespoke assessment service that includes a home visit.

The PIP assessment system is highly traumatic and often misassesses; in January of this year, it was ruled by our own courts to be severely in need of remedy and review. In January this year, the High Court ruled that the PIP system is “blatantly discriminatory” against people with mental health conditions. That criticism is echoed by many mental health and disability organisations. I am sure we all appreciate that not all wounds and maladies are necessarily physical and observable. A single-day assessment is therefore a ludicrous way of properly gauging whether a person is in need of financial assistance because of mental health conditions.

It is high time that this Government turned their focus away from tax breaks for bankers towards a system of disability welfare that is, at the very least, in line with basic human rights outlined by the UN. The convention needs to become part of UK law. The UN committee noted last year that there had not been a full review of the UK’s laws and policies in the light of the convention. There is not enough information on what the UK is doing to stop disabled people being negatively affected as the UK leaves the EU. A statement by Inclusion London explains:

“Disabled People’s organisations are seriously disappointed by the Government response and its failure to adequately take on board any of the UN inquiry recommendations. This response brings into question the Government’s commitment to the progressive realisation of Disabled people’s rights.”