1. DDPO Legal Network
3 November 2016

2. Human Rights Act
Is the law which brings the European Convention on Human Rights into UK law. It says that:
Judges should read and give effect to other laws in a way which is compatible with the Convention rights;
All public bodies should act in a way that respects the Convention Rights.
The Convention rights are the rights guaranteed in the European Convention on Human Rights.
Unlike UN Convention on the Rights of Disabled People the HRA directly applies to public bodies in the UK.

3. Human Rights Act Challenge
Through a judicial review if it is a decision made by public body
By using a human rights argument in other proceedings, tribunals for example
By using the HRA (Human Rights Act) in actions brought against you

4. Challenges for DDPOs in using the Human Rights Act
Lack of knowledge, confusion about what the Human Rights Act (HRA) is and how it relates to Deaf and Disabled people
Human Rights law is not accessible. It is very general and you need to know and keep up to date with cases brought to courts
Reluctance to use the HRA argument, as it may put people off
Not aware of HRA cases in social care context
Independent living is seen as a social care, not a rights issue; community care legislation is not framed within a rights approach
Getting-away-with-murder.pdf?ext=.pdf

5. Difficulties in starting a legal challenge
Hard to access legal advice and start a legal challenge:
Legal Aid changes – very few places that give initial legal advice
Those who don’t qualify for Legal Aid often cannot afford it
Strict time limits
Very few lawyers who specialise in both social care and human rights and can present independent living as a human rights issue

6. Are courts ready to uphold the right to independent living?
Courts struggle to deal with the substance of the issue: and prefer to focus on flaws in the process
Too much focus on resource implications of decisions
Civil and Political rights are placed within economic and social context when it comes to Disabled people
Courts accept lower standards for Disabled people
We have been excluded from society for so long and there is still a general view, shared in many cases by judges that it is OK to treat us differently, that we should expect trade offs for our rights.

7. Why bother
The United Nations Convention on the Rights of People with Disabilities (UNCRPD) recognises our right to independent living
Human rights can evolve and we can define what they mean for Disabled people
Rights perspective is empowering and puts us in a very different position to users of a service
Human rights are not always about litigation, they are about an approach

8. How DDPOs use the HRA
Independent living is our right and we can use the HRA to secure it:
Talking about the impact on human rights in campaigning and using a human rights approach to identify the changes that are needed
Using a HRA approach to empower disabled people
Advocacy work: citing in complaints to LA and ombudsman

9. Independent living is our right as recognised in the United Nations Convention on the Rights of Persons with Disabilities.
We need to make sure it is recognised as such within the European and national human rights law.

10. Group work: please discuss
Situations when you think Disabled people are treated without respect for their dignity
Situations when Disabled people are limited in choices about their living arrangements or the things they can do
Situations when the views of Disabled people are not taken into account when decisions are made about their support or other aspects of their life
Other situations where Disabled people are treated like second class citizens 
And how the HRA could be used to challenge those

11. Thank you
Please fill in your evaluation form! Next DDPO Legal Network meeting: February 2017