Your Letters – September 2011

Toilet user's rights flushed away

We write to express our deep unrest about the implications for disabled people, not just in Scotland, but throughout the United Kingdom, of the UK Supreme Court decision in the case of Ms Elaine McDonald v Kensington & Chelsea Council.

In reaching their decision the judges have done a grave disservice both to the concept of human rights for disabled people and the reputation of the British judiciary.

The local authority had reassessed Ms McDonald’s care needs in a blatant attempt to save money. After having a stroke, Ms McDonald found she had to make frequent visits to the toilet throughout the night, using a commode, with the help of a personal care assistant paid for by the local  authority.

In its reassessment, the council decided that instead of being assisted to her commode, Ms McDonald could wear incontinence pads overnight. But Ms McDonald was not incontinent and asserted that this amounted to cruel and inhumane treatment that robbed her of her dignity and thus breached her rights under Article 8 of the European Convention on Human Rights.

No one should need reminding that their Lord Justices had previously decided that prisoners in Scotland had been robbed of their human rights by being required to use the toilet in front of other prisoners and then slop out. Yet they chose to set aside Ms McDonald’s immense distress and emotional horror at being required to lie in her own faeces and urine for up to ten hours at a time and substituted their own view that being put in incontinence pads preserved her dignity and privacy, rather than being assisted to the toilet.

We cannot understand why the UK Supreme Court upheld the original High Court decision that it was “open” to the Council to meet Ms McDonald’s needs in a more economical manner through the provision of incontinence pads; no such economic justification was given to the “slopping out” issue of the prisoners, which led to the Scottish Government having to pay out millions, not just in compensation, but to provide just such night-time toilet provision.

There should be no difference between the value of human rights for either prisoners or disabled people. That being the case, the cost implications should also be the same.

As Lady Hale pointed out in her dissenting opinion, a local authority could, on the authority of this decision, not only take away night-time support to assist elderly and disabled people in going to the toilet but also withdraw day support for toilet needs. In fact, we hear that some local authorities are beginning to do just this.

Those bean counters in local authorities and in government must be rubbing their hands in glee: they have been given the green light to reduce services to inhumane levels, with no thought given to the human rights of disabled people.

Organisations for and of disabled people must awaken society into shaming these lordships for bringing the Supreme Court into such total disrepute.
Bill Scott, Inclusion Scotland; Jim Elder-Woodward, Independent Living in Scotland Project; Keith Robertson, Scottish Disability Equality Forum; Etienne d’Aboville, Glasgow Centre for Inclusive Living; Tressa Burke, Glasgow Disability Alliance; Florence Garabedian, Lothian Centre for Inclusive Living

Blue badge cars should be caged

I read with interest Helen Dolphin’s article on Blue Badge confusion (Disability Now, August 2011) but cannot agree with her remark that “there is no evidence” that users’ family and friends were abusing the scheme to any great extent.

I have written to Helen many times on this issue at both Disability Now and Disabled Driver. I even gave her the results of my survey on disabled parking at our local hospital, where I sat in the hospital boardroom at length with the managers of the hospital.

The survey showed that 75 per cent of disabled parking spaces were being abused by family or friends. I carried out the survey on a rainy day, and saw 75 per cent of users getting out of the car and running into the hospital. Correct me if I am wrong but if you can run you can’t be entitled to a Blue Badge, as the criteria state that you must be unable or virtually unable to walk to get one.

My other bone of conten­tion is that local authorities should not be allowed to issue badges as the criteria they use are flawed. If a security guard or parking attendant walks past a line of cars and sees a Blue Badge, he or she will walk past without questioning who’s using it. Since the supermarkets make such big profits and hospitals have lots of security staff, I suggest they fence off a parking area specifically for disabled users and put a guard on the gate to check that the user is genuinely disabled. This will eliminate the majority of abuse in one fell swoop.

By the same token, how often have we seen security guards ignoring police or contractors’ vehicles or skips or displays parked in disabled bays? In all the years I’ve been reading disability magazines, these issues have never been tackled properly.
Tony Wyer, Alcester

Come together, right now, over me

As an activist I would like to acknowledge Johnny Crescendo’s contribution in furthering disability rights (see p.14-15, Disability Now, August, 2011), and wholeheartedly agree with his desire to put aside past differences and become Disabled United.

At the moment I strongly believe that most activists carry no weight.

If we could get together and create a visible and powerful voting block we’d have a much better chance of becoming too large to be ignored.

Politicians only really care about the bottom line, which is the number of votes they can garner in an election, but we can exploit that weakness by showing them that their decisions are constantly being scrutinised and judged.

The coalition Government has made a number of U-turns for no better reason than fear of the electorate. We need to cook up such a storm over issues like the removal of Disability Living Allowance that the plan is swiftly withdrawn.
Sean (last name not given), by email

Nimble mind saves arthritic fingers

I’ve had rheumatoid arthritis for more than 45 years, and have had to adapt as it has progressed.

Recently some ladies from social services came to help and were amazed at what I’ve worked out for myself. For example, I sew all the time, even though I can’t hold the needle normally. My secret is the loop. Here are some tips.

Zips: A long time ago I realized I couldn’t open a zip. What I now do is make a cord loop by pushing the cord through the small hole at the top of a zip. I use a quick-n-pick to push it through. Then sew the ends together and I have a good round loop to pull the zip up or down with any finger. Loops can go on any zips, toilet bags, sewing bags, purses etc.

Trousers: When putting trousers on, and to stop them falling to the floor (because if something falls onto the floor I can’t reach to pick it up), I put a flat cord loop each side, then pull the trousers up by crossing hands and pulling both sides up. When up to waist I use the thumb loop on the right side of waist to close the Velcro fastening, then pull up the zip with the zip loop.

Walking stick: I use a stick to potter around but when I sit down it can easily fall to the floor. So I made a loop to sew onto the electric lifting chair arm, using a strong cord with a large bead at one end.

Wheelchairs: Why are chair arms rock hard? They hurt. I found an old pair of long socks, cut the foot off and sewed them up on the inside (to look tidy), then stuffed them with some synthetic sheep­skin. My husband unscrewed the chair arms from the chair sides and slipped the covers on the front. I now have lovely soft arm covers which do not hurt!
Elaine M. Mitchell (Mrs), Grays, Essex