Equality and Human Rights Commission (EHRC)
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Commission intervenes in new case about Government decision to reduce support for disabled people

The Equality and Human Rights Commission gave expert legal advice to the High Court yesterday (22 October 2014) when it intervenes in a Judicial Review of the Government's fresh decision to close the Independent Living Fund (ILF) for disabled people.

Almost 20,000 severely disabled people risk losing essential funding support for their independence through this decision. The Commission will submit that this is a step which breaches the UK’s international commitments to support disabled people.

The Fund helps disabled people to live independently and to participate in society as workers, in education and in pursuing their interests. In future they will be assessed under different criteria, which in many cases will result in significantly reduced support.

The case (Pepper & Aspinall v Secretary of State for Work and Pensions) follows a successful appeal against the move last year, in which the Commission also intervened. The Court ruled that the Department for Work and Pensions (DWP) must reconsider its earlier decision to shut the Fund.

Following that judgment in March 2014, the Department announced a new decision to close the Fund. It has been closed to new applicants since 2010 and funding for existing users will cease next year, if the closure goes ahead.

In its submission, the Commission will say that the DWP’s further decision is again inconsistent with the United Kingdom’s obligations under the United Nations Convention on the Rights of People with Disabilities (UNCRPD). The DWP is also bound by the Public Sector Equality Duty to consider whether a decision adversely impacts on disabled people and to make sure ministers have full information on the potential impacts.

The Commission will submit that the UNCRPD is essential to the proper understanding of the PSED, and should be taken into account in determining whether the Department has complied with its responsibilities. Before deciding to close the ILF, the Minister should have considered whether the decision would advance the right for disabled people to live independently. No action should be taken that would diminish disabled people’s rights to independent living unless these rights impose “a truly disproportionate burden” on the state.

Rebecca Hilsenrath, Commission Chief Legal Officer, said:

“Fairness, dignity and respect are values we all share. Even if local authorities are given money in compensation, the closure of the Independent Living Fund will result in loss of dignity and independence for many ILF recipients.

“When the closure of the Fund was considered previously, the Court of Appeal found that insufficient consideration had been given to the consequences, which are potentially very grave for some recipients. The extent of the impact is still unclear, but if the closure goes ahead it will be a regressive step in terms of the right of disabled people to live independently."

For more press information contact the Commission’s media office on 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

  • Pepper and Aspinall v Secretary of State for Work and Pensions
  • The UN Convention on the Rights of Persons with Disabilities, has been ratified by the British Government. It addresses disabled people's ability to live in the community with choices equal to others: //www.equalityhumanrights.com/human-rights/our-human-rights-work/in...
  • Public Sector Equality Duty //www.equalityhumanrights.com/private-and-public-sector-guidance/pu...
  • The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It operates as an independent body to protect and promote equality and human rights in Great Britain. It aims to encourage equality and diversity, eliminate unlawful discrimination, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act 1998 and is accredited by the UN as an ‘A status’ National Human Rights Institution.

 

Channel website: https://www.equalityhumanrights.com/en

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