Direct Payments, Disabled, Person Budgets and Human Rights Abuses by Councils

Liz R (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Equality and Human Rights Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Equality and Human Rights Commission.

Liz R (Ataliwyd y cyfrif)

Dear Equality and Human Rights Commission,

Thursday, Feb 10 2011

Personal Budgets and Direct payments

RBKC (one council) in direct Violation/Breach of Human Rights Act
regarding Direct Payments for Disabled Clients by exhorting and
forcing the current pressures on frail/disabled/sick residents into
producing what amounts to a civic duty thus a violation of Article
4 (below) plus the details requested by RBKC violate Article 8 and
3 due to demands plus authoritarianism and lack of ***empathy for
people in pain**** by forcing local policy over law which they tend
to alter unilaterally to suit themselves, that is all documented.

People like myself can be quite happy with minimal Direct Payments
without incurring bigger expense to all.

RBKC Have ceased payments to me as chronically disabled person,
that were 50 GBP PW- they intend to replace it with a service that
will cost approx 3 times as much, when I am quite happy with the
Direct Payment Scheme.

I have been physically assaulted twice by carers they have sent
previously and more horror inflicted by them can be seen here
www.elizabeth-R.blogspot.com - my disabled and (now) mute
son at risk living with a serial law-breaking and violent abuser
(long story, please read the blog)

RBKC are demanding too much, too often and are entirely
inconsistent (dates of receipts required/change of social workers
and so on)

HUMAN RIGHTS ACT;

Article 3: Inhuman Treatment

[] or to inhuman or degrading treatment or punishment

Article 4 Slavery (d) any work or service which forms part of
normal civic obligations.

Article 8: Right to privacy
(1) Everyone has the right for his private and family life, his
home and his correspondence.
(2) There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the law
and is necessary in a democratic society in the interests of
national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the
protection of health or morals, or for the protection of the rights
and freedoms of others.

Social Services seem entirely oblivious to the physical pain
disabled people face daily, let alone the distress they cause, and
worse they seem to enjoy making life difficult for people in pain.

Have you any information broader information / complaints regarding
these violations that are violated by local government departments?

Thank you

Yours faithfully,

Liz

englandhelpline2, Equality and Human Rights Commission

Dear Ms R,

Thank you for contacting the Equality and Human Rights Commission (EHRC) Helpline.

Apologies for the delay in responding to your correspondence, this is due to the high demand for the EHRC Helpline's services. We do hope that this has not caused you any inconvenience.

The EHRC Helpline will give you initial advice and information. However, anything we say to you is not a statement of your legal position.

This is because we cannot speak to the other party involved to get a full picture of the incident. If we think you will need further assistance however, we will advise you on other sources of help.

The EHRC offers advice on the Equality Act 2010 regarding discrimination in what are called the Protected Characteristic, these are:

• Age
• Disability
• Gender
• Marriage and Civil Partnerships
• Pregnancy and Maternity
• Race
• Religion or Belief
• Sexual Orientation
• Transgender

The EHRC Helpline also offer limited advice on Human Rights, but only if this is linked directly with one or more of the protected characteristics listed above.

In your correspondence you quote that there has been a breach of Article 4 of the Human Rights Act 1998. However, the European Court of Human Rights has held that it is acceptable for a Government to require an unemployed person to accept a job offer or risk losing their unemployment benefit.

Also when making decisions that may be seen to breach the Human Right Act the authority would have to ensure that the decision is:

• Legal
• There is a Legitimate Aim; and
• The action is 'Proportionate'

The Helpline would therefore advise that you write to the authority, asking them to outline to you how decisions made fulfil all three of these criteria.

Unfortunately, it is not entirely clear as to the discrimination you feel you are receiving. Please could you forward a brief synopsis of your issue? This will allow the Helpline to provide you with a tailored response.

http://www.equalityhumanrights.com/human...

I hope this information is useful to you, and if you do need any further advice then please do not hesitate in contacting the EHRC Helpline again.

Please quote the following reference number 1-8915075.

Yours Sincerely,

Simon Adams
Helpline Adviser
Equality and Human Rights Commission

Equality and Human Rights Commission Helpline
Freepost RRLL-GHUX-CTRX
Arndale House
Arndale Centre
MANCHESTER
M4 3AQ

Telephone: 0845 604 6610
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Email: [email address]
Website: www.equalityhumanrights.com

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dangos adrannau a ddyfynnir

Liz R (Ataliwyd y cyfrif)

Dear Equality and Human Rights Commission,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Equality and Human Rights Commission's handling of my FOI request 'Direct Payments, Disabled, Person Budgets and Human Rights Abuses by Councils'.

Disabled people are being forced to learn employment law before receiving 'Direct Payments' from local councils, this can be distressing and too difficult for people who are too ill to do this, thus I believe there are violations of equality and human rights laws

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/di...

Yours faithfully,

Liz R

Gadawodd liz jones anodiad ()

I support this request.
Thank you for asking these important questions

Complaints, Equality and Human Rights Commission

2 Atodiad

[1]EHRC_Uk_url_CMYK

SENT BY EMAIL

Email Address : [FOI #61780 email]

Our Ref: NS125

24^th February 2011

Subject: EHRC Non Service Complaint

Dear Ms R

Thank you for your recent e-mail dated 19^th February 2011 to the Equality
and Human Rights Commission (EHRC) in which you make a complaint regarding
the handling of your FOI request `Direct Payments, Disabled, Person
Budgets and Human Rights Abuses by Councils'.

In accordance with the Commission's complaints procedure we will respond
to you within 20 working days of receipt of the complaint. In this
instance a response will be with you by 19^th March 2011.

If for any reason we are not able to meet this deadline, we will notify
you as soon as possible and give you an indication of when we will send
you a full response.

If you have any queries please contact us using the details below.

Yours sincerely,

Tina Vaughan

Corporate Communications Officer

Equality and Human Rights Commission

3rd Floor

Lancaster House

67 Newhall Street

Birmingham

B3 1NA

Email: [2][email address]

Tel: 0845 604 6610

Fax: 0845 604 6630

Text Phone: 0845 604 6620

dangos adrannau a ddyfynnir

Gadawodd Liz R (Ataliwyd y cyfrif) anodiad ()

Liz Jones; You're welcome. It seems to be that if all political parties spent less time sabotaging each other and instead uniting to produce better services for our country we'd live in a happier world, sadly lots of people in authority are still obsessed with having power and authority over people, confusing politics with financial gain and causing hate wherever they can, sad people. It's hard to like tyrannical dictators nor idealists who can't see things from different perspectives. Pedantic bureaucrats just don't 'get it' do they? Impartiality seems to be a word lost on people with too much power. 'Justice' not far behind in being lost to all here, apparently. Blame NLP/dianetics/corporate crack/coke abuse and addiction/ feel sorry for the good guys that work for the loveless, ugly tyrants

Complaints, Equality and Human Rights Commission

2 Atodiad

[1]Logo - GB

Dear Ms R

Please find attached a response to your recent communication.

Kind regards

Tina Vaughan

Corporate Communications Officer

Equality and Human Rights Commission

3rd Floor

Lancaster House

67 Newhall Street

Birmingham

B3 1NA

Email: [2][email address]

Tel: 0845 604 6610

Fax: 0121 234 7329

Text Phone: 0845 604 6620

dangos adrannau a ddyfynnir

Liz R (Ataliwyd y cyfrif)

Dear Complaints,

by bringing such a reply that isn't, is a 'foot stabbing' exercise and I fear you fall into the hands of those who hold the scissors marked 'job' by deliberately being unhelpful and not confirming with me whether or not I have had a previous response, I have not, let's not bother to continue other than to say, I hope this Department can become more transparent and finds less pleasure in inflicting (almost)hate-crime in it's missives that bring nothing but a waste of time, and no equality nor Human Rights in sight yet

Yours sincerely,

Liz R

Gadawodd Audrey O'Keefe anodiad ()

Well Done Liz for asking this question ...... you have my support.