DDPO Legal Network archive

Here you can find information on all previous Legal Network meetings

4 December 2019

Using the law to challenge discrimination during assessments for benefits 

Despite the duties in the Equality Act 2010 we know many Disabled people struggle to get reasonable adjustments during assessments for benefits. This includes inaccessible application processes, inaccessible assessment centres, inaccessible communication, failures to take the Equality Act duties into account when making decisions where and how the person will be assessed. We know Disabled people struggle to get the adjustments they need, especially when those adjustments are not included in the standard list.

Inclusion London has set up and supported several legal actions to challenge the DWP’s and the assessment providers’ policies and practice.

At this meeting we discussed what more we could do and how we could use the Equality Act 2010 more effectively.

Speakers

 

15 May 2019

Topic: Creative Use of the Equality Act 2010

At this meeting we discussed how the Equality Act 2010 can be used to challenge discrimination in housing, during assessments for benefits and in other public functions.

Materials from the meeting:

13 February 2019

Topic: Direct Payments

At this meeting we discussed some of the most common problems with Direct Payments (DP) and the ways to deal with those payments.

We considered what local authorities can and cannot legally do to restrict the use of direct payments, cut the amounts of DP or claw back the money that has not been spent.

  1. Steve Broach’s presentation – Direct Payments legal framework and opportunities for legal challenges
  2. Jenny Hurst’s presentation – common problems experienced by Direct Payment users in Kensington & Chelsea
  3. Steve Broach’s Advice to Inclusion London on Direct Payments
  4. Video recording from the meeting: to follow

24 May 2018

Topic: The law on commissioning and how we can use it to protect services delivered by DDPOs

At this meeting we discussed how DDPOs and Disabled people can use the law to influence the commissioning process and the existing mechanisms the commissioners can use to protect services delivered by Disabled people for Disabled people.

  1. Briefing about commissioning for DDPOs
  2. Presentation by Azeem Suterwalla, Monckton Chambers
  3. A Public Law Project toolkit: Commissioning: Understanding and using the law for smaller organisations
  4. Azeem Suterwalla’s advice note on the use of procurement legislation for the benefit of Deaf and Disabled people’s organisations
  5. Video recordings from the meeting:

24 January 2018

Topic: Involving Disabled people in decision-making processes

At this meeting we discussed legal duties on local authorities and Clinical Commissioning Groups to engage with and involve Disabled people and our organisations in decision-making processes.  We also learnt about the real example of co-production that is happening in Hammersmith and Fulham and how it could be replicated in other boroughs.  We discussed how we could use existing legal duties to influence decision-making processes, improve their accessibility and how to challenge decisions and policies when those duties are not fulfilled.

Materials from the meeting:

13 September 2017

Topic: Disabled people’s housing rights

At this meeting we discussed Disabled people’s right to an accessible home. We looked at:

  • Local authorities’ duties to provide accommodation under the Housing Act 1996 and the Care Act 2014 and how those duties can be used to secure an accessible home.
  • The legal framework related to improving the accessibility of the existing homes, including the Disabled Facilities Grants, adaptations under the Care Act, Duties under the Equality Act 2010 and the Human Rights Act 1998.

We looked at the most common problems Disabled people experience when trying to secure accommodation or adapt their existing homes and discussed whether and how we can use the law to resolve those problems.

Resources from the meeting:

18 May 2017

Topic: The wellbeing duty in the Care Act: what it means and does it make a difference?

At our Deaf and Disabled People’s Organisations Legal Network meeting on the 18th of May we discussed the wellbeing duty (section 1 of the Care Act 2014).  We also spoke about the rights Disabled people have at different stages of the process and the implications of the recent case of Davey v Oxfordshire County Council.  DDPOs highlighted some of the problems Disabled people experience with social care assessments, support planning, direct payments and charging and the lawyers commented on how the Care Act could be used to resolve some of those problems.

Resources from the meeting:

23 February 2017

Topic: Using the Equality Act 2010 to improve access to public transport

After a historic victory for Disabled people in a recent Supreme Court case of FirstGoup Plc v Paulley meaning that bus drivers will have to take more action to make sure wheelchair users have priority over a wheelchair space, we discussed how we to build on this success and use the law to ensure all Disabled people get equal access to public transport.

Presentations:

Joanne Owen, EHRC: Access to transport presentation to DDPO network Feb 2017

Catherine Casserly, Cloisters: Transport, Paulley and the EqA

3 November 2016

Disability Justice Project Launch 

On 3 November we launched our Disability Justice Project  which will build the capacity of DDPOs to use the law to fight for our rights.  We were delighted to see so many lawyers and DDPOs at the launch.

We heard that although the laws that protect us from discrimination and guarantee our human rights are there they make too little difference to our everyday lives and it is time we took a more strategic approach and work together with lawyers to enforce those laws.  Lawyers and judiciary often see barriers Disabled people face through a prism of welfare not rights and this needs to change.  However we can only succeed if the agenda is driven by us and we should lead the way.  The audience heard of positive examples where legal challenge helped to change local policies even though the case was lost.

You can watch all speeches from the launch at:
https://twitter.com/InclusionLondon/status/794223409144025088?lang=en-gb

Disbility Justice Project launch -Presentations:

Topic: Using the Human Rights Act to protect our right to independent living

8 March 2016

Topic: Nearly a year on, is the Care Act working?

22 October 2015

Topic: How can we use the law to improve Disabled peoples access to goods and services

22 July 2015

Topic: Understanding the Care Act and how to relates to you

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