Administrative Justice? Realising the right to independent living Presentation to 5th Biennial...
-
Upload
gillian-richardson -
Category
Documents
-
view
213 -
download
0
Transcript of Administrative Justice? Realising the right to independent living Presentation to 5th Biennial...
![Page 1: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/1.jpg)
Administrative Justice?Realising the right to independent living
Presentation to 5th Biennial Disability Studies ConferenceUniversity of Lancaster9 September 2010
Tabitha Collingbourne
![Page 2: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/2.jpg)
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
![Page 3: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/3.jpg)
Introduction
The Convention The administrative justice system Article 19: independent living The ‘paradigm shift’ The ‘enabling’ welfare state Transforming Social Care Resource Allocation Systems
![Page 4: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/4.jpg)
The Convention
Emancipatory ‘welfare’ to ‘rights’ Impairment as universal human
variation Remoulds existing rights to reflect
experience of disability Implemented through law, policy,
administration
![Page 5: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/5.jpg)
Administrative justice
‘the administrative decisions made by public authorities that affect individual citizens and the mechanisms available for the provision of redress’
Nuffield 2007
![Page 6: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/6.jpg)
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’
![Page 7: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/7.jpg)
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
![Page 8: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/8.jpg)
‘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
![Page 9: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/9.jpg)
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
![Page 10: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/10.jpg)
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
![Page 11: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/11.jpg)
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
![Page 12: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/12.jpg)
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
![Page 13: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/13.jpg)
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
![Page 14: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/14.jpg)
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
![Page 15: Administrative Justice? Realising the right to independent living Presentation to 5th Biennial Disability Studies Conference University of Lancaster 9.](https://reader036.fdocuments.in/reader036/viewer/2022082819/56649f305503460f94c4a279/html5/thumbnails/15.jpg)
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