Administrative Justice?Realising the right to independent living

Presentation to 5th Biennial Disability Studies ConferenceUniversity of Lancaster9 September 2010

Tabitha Collingbourne

UK ratification

‘ensure and promote the full realisation of all human rights and fundamental freedoms for all disabled people…’

Article 4(1)

The United Kingdom will not ratify a treaty unless the Government is satisfied that domestic law and practice enable it to comply

UK National Report to UN Universal Periodic Review, 2008

Introduction

The Convention The administrative justice system Article 19: independent living The ‘paradigm shift’ The ‘enabling’ welfare state Transforming Social Care Resource Allocation Systems

The Convention

Emancipatory ‘welfare’ to ‘rights’ Impairment as universal human

variation Remoulds existing rights to reflect

experience of disability Implemented through law, policy,

administration

Administrative justice

‘the administrative decisions made by public authorities that affect individual citizens and the mechanisms available for the provision of redress’

Nuffield 2007

Article 19 – civil rights

States agree to ‘recognise the equal rights of all persons with disabilities to live in the community, with choices equal to others, and take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community’

Article 19 – socio-economic rights

(a) the opportunity to choose where and with whom they live, not obliged to live in a particular living arrangement

(b) access to a range of services to support independent living and inclusion in the community, and to prevent isolation and segregation

(c) services for the general polulation available on an equal basis and responsive

‘Enabling’ welfare state

‘Across Government, the shared ambition is to put people first through a radical reform of public services. It will mean that people are able to live their own lives as they wish, confident that services are of high quality, are safe and promote their own individual needs for independence, well-being and dignity’

DoH 2007

Personal Needs Questionnaire

‘The aim of the questionnaire is to give an indication of how much money you may need to live your life as an equal citizen and achieve some or all of these general outcomes:’

ADASS 2010

General outcomes

1. to stay healthy, safe and well2. to have best possible quality of life3. to participate as an active citizen4. to have maximum choice and control5. to live your life safely6. to achieve economic well-being7. to keep your personal dignity

Community Care Assessment

16 headings, e.g. Memory and making decisions Communication Feelings and behaviour Social functioning Eating Managing your medication Personal care and mobility

Community Care Assessment

‘Please tick the phrase which best describes you’

B2.a.3. I need assistance to make even the simplest day to day decisions and plans. Decisions are consistently poor and unsafe & support is needed at all times

Community Care Assessment

E3.a. I have been found wandering about for no apparent reason, or, I can suddenly ‘bolt’ and run away

E3.d. I have been told my behaviour in public has been causing concern and is thought to be inappropriate

E1.f. People are concerned that I look unhappy or worried

E3.e. I have been resisting care

Rationing

‘If disabled people cannot access services unless they have the highest level of need, then all the empowering, transforming delivery in the world will not change the inequality they experience’

Jane Campbell, 2008

Conclusion

Until transformation is Complete Adequately funded Acknowledged as rights-based Paradigm change internalised at all

levels

UK administrative justice system will not comply with Article 19