In the United Kingdom, there are various legislations initiated to protect the rights of people living with disabilities. Despite the establishment such laws, persons with disabilities continue to face numerous challenges. Equality act of 2010 outlines the provisions and welfares of individuals with disabilities. The provisions of equality act of 2010 are categorized into education, housing, employment, and police. The research aimed at assessing the challenges, opportunities, and welfares of people with disabilities. The study also targeted at gathering information concerning community care services and their impact on the disabled people. The data was collected by use of scheduling technique. The investigator interviewed 30 randomly selected disabled people from Southward region in the United Kingdom. Data was also obtained from the housing officer of the Southward council. The outcome of the study indicates that disabled people are still discriminated in schools, public and the society at large despite the existence of several legislation covering welfares of the disabled persons.
1.0 Introduction
Chapter 1 will introduce the research by describing matters and problems facing disabled persons with focus on attainment of housing, welfares, and provisions benefits. The study emphases on legislation under housing, community care services, human rights and equality act for the disabled people.
1.1 Background of the study
1.1.1 Housing legislation
The UK administration of 2010 initiated a significant scheme of welfare reforms. The main elements of the transformation programme included the introduction of universal credit, which is substituting tax credits and means-assessed benefits for working-age households, as well as personal independence payment (PIP), that is replacing disability living allowance (DLA) for employed individuals (Kennedy et al. 2016, p. 13). The present government announced more welfare programs which will affect disabled individuals including reductions in the benefits cap, a four-year freeze for most working-age benefits, abolishing the work-associated activity component and variations to tax credits (Kennedy et al. 2016, p. 16).
In 2013, the United Kingdom coalition administration introduced a cap on the overall amount of family benefits a person could obtain. The welfares were set at € 500 for a household and € 350 for a single individual (Kennedy et al. 2016, p. 11). People with disabilities are exempted from this cap since they are covered under the disability living allowance or Personal independence payment (PIP) legislation. Disability living allowance (DLA) is a non-means-investigated and non-taxable benefit initiated in 1992 to cover the additional housing costs of the disabled people (Kennedy et al. 2016, p. 12). DLA has a caring element and a mobility section. The care component of DLA is meant to assist with personal care requirements and is paid in three phases (Kennedy et al. 2016, p. 12). On the other hand, the mobility element of DLA covers persons with walking disabilities and is paid at two distinct levels. Attendance allowance (AA) is offered to individuals with care requirements which emerge after they have attained the age of 65 years (Kennedy et al. 2016, p. 29). AA has no mobility element, but the disability assessments are similar to those for the middle and higher proportion care components of DLA.
The welfare reform act of 2012 describes the statutory context for personal independence payment (PIP), which is substituting DLA for employed individuals. Similar to DLA, PIP is non-means-tested and is meant to assist with the additional expenses arising from disability or ill health (Kennedy et al. 2016, p. 14). PIP also has two components. The first element of PIP is referred to as a daily living component which is based on the capability to carry out other primary actions necessary for disabled people to be able to participate in everyday life (Kennedy et al. 2016, p. 18). The second section of PIP is the mobility component which is based on a person’s ability to get around. The PIP components and benefits are summarized in table 1 (Kennedy et al. 2016, p. 14).
Table 1: PIP components
Weekly rates April 2015
Enhanced
Standard
Daily Living
£ 82.30
£ 55.10
Mobility
£ 57.45
£ 21.80
PIP was initiated for all new claims as from April 2012, but for most current DLA claimants, the reassessment procedure did not start until July 2015. Reassessments are progressively being prolonged to further postcode sections so that all remaining working-age DLA applicants will be invited to claim PIP. By the end of January 2016, approximately 692,000 PIP claims were in reimbursement in the UK (Kennedy et al. 2016, p. 14). The government expects the claims to rise to 2.5 million by 2020-2021 (Kennedy et al. 2016, p. 15). The UK government believe that PIP has particular advantages when compared to DLA. PIP target support more closely to the needy disabled people as related to DLA. The PIP is expected to be more responsive to variations as claimants' situations change (Kennedy et al. 2016, p. 17). Based on a fairground, PIP is more consistent and transparent than DLA. In 2010, UK government made it clear that the primary aim of DLA is the need to make savings and minimize the working-age caseload for disability welfares. PIP was initially expected to mitigate working-age DLA caseloads and costs by 20%, creating savings of approximately £ 1.5billion annually by 2016-2017 (Kennedy et al. 2016, p. 19). Reviewed estimates published in December 2012 stated that by 2018, about 607,000 fewer individuals would obtain PIP than DLA creating a 28 percent decrease in the caseloads (Kennedy et al. 2016, p. 19).
The 2010 UK administration declared that the investigation for PIP was intended to give a complete study of the effect of health situation on a person's capability to participate in daily life activities. PIP includes developmental needs, sensory impairments, mental conditions, cognitive deficiency and physical incapacities (Kennedy et al. 2016, p. 09). Disability firms articulated apprehensions in certain respects, the PIP approach was more limiting than those for DLA, and the investigations did not recognize some support requirements. For instance, in its submission to the DWP discussion on the PIP investigation approach and thresholds, disability rights of the United Kingdom argued that the criteria did not recognize the help required by some individuals to move around indoors like when getting in and out of bed or when using stairs (Kennedy et al. 2016, p. 21). Further, according to the UK disability rights firm, the PIP assessment criteria did not acknowledge the need for overall supervision to keep people secure and individuals who need help during the night (Kennedy et al. 2016, p. 21).
According to UK legislation, disabled tenants who require an extra bedroom for a visitor carer who gives overnight care to the disabled person, do not have any reduction in housing welfare. Since 4th December 2013, an extra room has been permitted for an overnight caretaker in the computation of eligibility to housing benefit for any joint tenant or their spouse, in the property (Kennedy et al. 2016, p. 22). Further as per 4th December 2013, disabled children who are regarded unable to share a bedroom by reasons of their incapacities are permitted to have their room (Kennedy et al. 2016, p. 11). The proportion of disabled claimants affected by the tenant housing welfare is more than for non-disabled applicants. The UK national housing federation approximates that about 108,000 tenants in public rented properties explicitly adapted for their requirements are likely to be affected by the initiation of the size approach to restricting housing benefit (Kennedy et al. 2016, p. 13). If such tenants were forced to relocate to properties unsuitable to their needs, it might result in breaching article 8 of disabled people rights (Kennedy et al. 2016, p. 14).
There are some legal challenges in connection with the under-occupancy deduction from housing benefit. In May 2013, the High Court of the UK listened to ten cases challenging the withholding which involved instances where disabled adults were incapable of sharing one bedroom (Kennedy et al., 2016, p. 29). The equality and human rights commission arbitrated in these situations as an independent expert third party to instruct the court on matters of discrimination law and people's rights. The High Court ruled that the housing benefit reduction was lawful (Kennedy et al. 2016, p. 30). The housing legislation states that there should be spare rooms and storage facilities for disability linked equipment in tenants’ rooms (Bull 1998, p.18). In one scenario, a housing association tenant who was blind effectively argued that the room he rented was not a bedroom rather it was used to store equipment used by disabled people. The court found that it was not the tenant's intention to use the room as a bedroom and ruled that the facility was rightfully storage for disabled people's equipment (Kennedy et al. 2016, p. 29). Even though the UK administration initiated an exclusion for disabled children who viewed incapable of sharing a bedroom due to their disabilities, this is limited to kids who are suitable for the middle or higher level component of DLA (Kennedy et al. 2016, p. 30).
1.1.2 Human Right of disabled people
People with disabilities encounter discernments and barriers which limit them from engaging in daily community practices like other non-disabled individuals. Incapacitated individuals are denied basic human rights in education system, employment, to coexist independently in the society, to move freely, to participate in elections, to engage in cultural and sports activities, to select medical treatment, to enjoy social protection and to be involved in legal transactions such as purchasing and selling of properties (Swain et al. 2004, p.43).The UK rights of the disabled are divided into employment, education, police, equality act 2010 and UN convection categories (Swain et al. 2004, p.44).
1.1.3 Employment
It is contrary to the UK law for employers to discriminate a person due to disability. The UK equality act of 2010 covers disabled people against malpractices in application forms, job offers, the aptitude of proficiency tests, interview arrangements, terms of employment such as salaries, promotion, dismissal or redundancy, discipline, and grievances (Swain et al. 2004, p.45). An employer has to make sensible alterations to avoid putting disabled people in a disadvantaged position compared to other non-disabled individuals at the workplace (Gill et al. 2014, p. 84). For instance, an employer should adjust working hours for the disabled people or provide them with unique working tools to fasten the operational speed. Any employer who is hiring workers should make numerous enquires about health or condition of the disabled individual (Swain et al. 2004, p.46). The employer can ask questions regarding the health or disability to know if the disabled person can perform significant tasks which are primary to the overall work. The employer should assess whether the disabled person is fit to take part in an interview (Swain et al. 2004, p.46). If a disabled individual can take part in an interview, the employer may ask further questions to decide whether the investigators need to make suitable adjustments in the worker's selection process. A disabled person cannot be selected for redundancy just due to the disability. The redundancy selection procedure should be fair and based on lack of effectiveness in work rather than the health condition of employees (Swain et al. 2004, p.46).
1.1.4 Education
The law prohibits schools or any other educational institution to treat disabled students unfavourably. Direct discrimination such as refusing to admit a student into a school because of disability is against the UK law (Swain et al. 2004, p.47). School administrators should not prevent a disabled pupil to enjoy rights enjoyed by others such as having a short break after few hours of study. Human rights law condemn harassments of disabled people for instance when a tutor shouts at a student for failing to pay attention in class due to inability in hearing (Gill et al. 2014, p. 86). Schools administrators and teachers should not victimize the disabled students, for instance, suspending them when they complain about harassments. All education providers in the UK are supposed to make suitable adjustments to ensure that disabled students are not discriminated in school. Some of the modifications comprise of the provision of additional care and support to the disabled students (Swain et al. 2004, p.47). Learning institutions are not subject to the suitable alterations duty to make changes to physical features such as adding ramps. The institutions should make the learning facilities accessible for their disabled students as part of the general strategizing roles (Swain et al. 2004, p.49).All publicly financed learning institutions and local authorities should identify and guide children with special educational needs and disabilities. All institutions of higher learning such as universities and colleges should have individuals responsible for disability issues. Such a person can interact with the disabled students and to note the exact needs required by these pupils on a daily basis.
1.1.5 Police
Disabled people have distinct rights when they are interrogated or interviewed by the police. In case of any need for interrogation, the police should make arrangements for an interpreter who will be present with the disabled person during the examination. However, the police have a right to interview the disabled person if delays would lead to harm of evidence, property or people (Gill et al. 2014, p. 84). The police should interview people with learning illnesses in the presence of guardians or responsible individuals. Any person with learning disabilities should not work for the police. However, if delay may lead to a violation of evidence or damage to property or people, the police have the right to investigate the person with learning disability in the absence of any responsible individual. If disabled persons are held at a police cell, they have a right to a clinical assessment by healthcare personnel, which may be a nurse, police surgeon or paramedic (Gill et al. 2014, p. 87). If the disabled person resists being assessed by the healthcare provider provided by the police, a general practitioner (GP) is allowed to investigate the individual.
1.1.6 Equality act of 2010 and UN convention
The UK equality legislation of 2010 protects the disabled person against discriminations in education, employment, access to goods and services as well as purchasing or renting of land and others properties. The act also protects the rights of people associated with the disabled person such as parents and carer (Gov.uk. 2017, p.12). The UN convention on disability rights has been approved by the UK to safeguard and promote the rights of disabled individuals (Gov.uk. 2017, p.12).
1.1.7 Community care services
Community care is the British programme of caring, deinstitutionalization and treating the mentally and bodily incapacitated persons in their households instead of the provision of care in a firm. Institutional care for the disabled individuals was the object of the extensive criticism in the 1960s and 1970s. In 1983, the administration of Margaret Thatcher executed a novel strategy of sustenance after the review directive printed a statement referred to as “making a reality of community care” that listed the merits of the domiciled rule (Gov.uk. 2016, p.25). The general objective of the policy was a more cost-efficient criterion for assisting individuals with physical and mental challenges by removing them from detached homes, usually Victoria and providing appropriate care in their households. Since then, other governments have been appealed to this strategy of public care. Despite the sustenance for the programme, the number of in-patients in residential homes and big medical centres continued to increase. In the 1960s, Barbara Robb gathered a sequence of events in a volume referred to as "Sans Everything," and she used to initiate a protest to progress long stay facilities for the disabled people (Political Stuff 2001, p.28). Robb initiated the programme due to the poor conditions, management and staff morale of the institutions which cared for the mentally and physically disabled people. News across the world told about inhumane treatment and abuse of patients who were mentally or physically disabled and hidden away in care institutions. Reforms were made after the commencement of Thatcher administration. The community care transformations outlined in 1990 act have been implemented since April 1993 (Political Stuff 2001, p.28). Several authors have raised different critics on the reforms of 1990 act. Hadley and Clough (1996) argued that the transformations have established “care in chaos." The two authors claimed that the transformations in community care have been unresponsive, providing no choice or equity and ineffective (Hadley and Clough 1996, p. 28). Means and Smith (1998) believed that the transformations initiated a programme that is not superior to the earlier provisions. According to Means and Smith (1998), the alterations were good notions but received slight comprehension or assurance from communal sciences as the lead to intervention in public care.
According to the National Health Service and Community Care Act of 1990, persons with mental problems are capable of remaining in their homestead while undergoing medical care. The government found it hard and ineffective to provide care for the disabled people in institutions. Presently, disabled people have been neglected by the government and other concerned organizations. As an outcome of more than five years of austerity reforms and cuts to the nation's welfare condition, numerous disabled persons across the UK have been left sicker and poorer because of a host of policies (Franklin 2017, p. 83). According to Dr. Simon Duffy of the United Kingdom center for welfare reform, in the six years, after the conservative administration came to power in 2010 as a result of the international fiscal crisis, disabled individuals have been hit nine times tougher than other people. Several benefits have been minimized such as the housing and public care services. A recent statement in daily mirror informed about a man with half of his skull missing, had critical memory challenges and paralyzed down one part of his body, was declared by the department of pensions and work to be fit for work (Franklin 2017, p. 85). More other disabled UK residents are treated like other healthy individuals in the workplace.
Southwark council is an example of a body that offers community care services for the disabled people. The care act of 2014 places a responsibility on the local administrations to provide people in need and their careers with awareness on support and care arrangements. In Southwark, the programme is referred to as "local community offer," and it is projected that services will be delivered through the initiation of social hubs for individuals with physical and mental disabilities as well as the seniors (Southwark Council 2017, p. 28). The centers will deal with initial questions and contracts, and if necessary, they will put patients in connection with a range of preventative, targeted and universal services. The care act necessitates the domestic administration to complete investigations for individuals including careers, who appear to a need for support and care. The local authority has to apply national admissibility threshold to determine if an individual has authorized obligations. The council provides care to people aged 18 years and above, and who require support, care, and advice (Southwark Council 2017, p. 29). The supporting people team offers housing associated services to susceptible individuals by assisting them to live more autonomously. The group supports the vulnerable people to manage their resources, acquire training or employment, get social or domestic skills, keep safe and control health-related matters.
1.1.8 Aim
The primary purpose of the investigation is to recognize the laws available to assist individuals with disabilities under the equality act of 2010. The investigator wishes to uncover the challenges associated with the proper social housing, welfares, and support for the disabled people. The researcher aims at evaluating the procedure through which the disabled people undergo to acquire appropriate welfares, housing, rights and other benefits.
1.1.9 Objectives
To find the primary law made accessible to assist the disabled and frequently ill in accessing the amenities they need.
Define the challenges which keep the incapacitated people from being able to live unconventionally.
Examination of the definite legislature approved for the assistance of the incapacitated and ill people.
Underlining substantial creativity variations by the administrations, to assist the disabled in the community.
5. Evaluate the financial process from the beginning to the end on what is mandatory for the disabled to acquire the sustenance and provisions they need.
1.1.10 The significance of the study
The research describes the challenges which disabled and sick people undergo in sustaining and obtaining suitable welfares, housing, and support by outlining the concerns that are most prevalent. Most individual view the disabled as a liability in the society and fails to comprehend the problems they go through in their daily lives. The researcher targets to provide awareness to people who are not disabled or have chronic disorders with the appropriate information on the challenges faced by incapacitated persons. The investigator expects that if people have the right information, they will be in a position to take good care of the disabled. The findings of the assessment are projected to increase fairness and equality in the society. The research also aims at challenging the government and employers who have failed to make necessary adjustments to integrate the disabled with other people in work and use of public facilities such as roads.
Literature review Introduction
Chapter two will provide an assessment of research available on housing, human rights, community care services, equality act as well as benefits concerning disabled people. An evaluation of the theoretical literature will also be presented in this section.
The literature on the quality act of 2010 provisions
Perren et al. (2012) conducted an assessment of the execution of the equality act of 2010. The investigators used a telephone survey to collect information of British organizations’ comprehension of the equality act of 2010. The equality law combines the former nine bits of law founded on threatened features to develop integrated equivalence legislation. The nine protected features under the equality legislation include disability, gender, race, sexual orientation, religion, pregnancy, marriage, civil associations, and age. The study aimed to afford awareness of the stages of engagements with and accepting equality legislation provisions and to measure how these change by features such as organization sector or magnitude (Perren et al. 2012, p. 3). The cell phone survey involved 1,811 firms across Scotland, Wales, and England. The institutions investigated encompassed public and private areas as well as social, charitable and public enterprise sectors. At the institutions, interviews were done with the chief executive officer responsible for personal and staff issues (Perren et al. 2012, p. 5). The assessment presented participants with situations they encounter in issues such as promotion and hiring of staffs that were linked to the equality act requirements. The respondents were requested to rate the firm’s sustenance for the equality law. The outcome of the study showed that provision was lesser for a situation where an incapacitated worker was denied an upgrade since he had taken an extended sickness vacation in the prior year (Perren et al. 2012, p. 7).
