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SDEF Newsletter No.9 - March 2003 |
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Welcome
to this ninth edition of SDEF “OPEN DOOR”�
News, available free to all members and associate members of SDEF.
Our aim with these publications is to keep you informed of all that we are
doing on your behalf. The Editorial work on this edition is being done in
house by your Board of Directors and Staff.
This
Newsletter is available by email, on disk or in other formats if preferred.
Please contact us to let us know how you would like to receive it. Copies of
all documents mentioned in this edition are available from the office.
Since
our AGM in October 2002 where you endorsed our Business Plan and gave us a
mandate to form a Company Limited by Guarantee your Management Committee has
been working hard to put these things in place, and are now a Board of
Directors.
Background
on Scottish Executive Funding
Support
from the Scottish Council for Voluntary Associations (SCVO) funded by the
Scottish Executive ceased at the end of October 2002.� Since then, due to various outside influences and hold-ups
over which SDEF had no control, we have experienced unforeseen delays in our
activities.�� This pushed
back the timescale of dealing with the initial three year Business Plan,
caused by the interaction of the independent Access Steering Group
facilitated by SCVO, and resulted in a re-submission of a Business Plan for
2002-2003.
However,
we have overcome these problems and are delighted to report we have now
received the first instalment of our Grant.�
We had several face to face meetings with members of the Equality
Unit and Community Care Department of the Scottish Executive which proved
very useful.� However, due to
slippage in the timetable, we submitted details of a work plan which we
entitled The Discovery Project.�� This
provided the vehicle to allow funding to be released. Considerable progress
has been made in fulfilling much of the Discovery Project for 2002-2003,
despite the fact that the Grant was not available until 1st
February 2003.� Since then we have not allowed the grass to grow under our
feet.� SDEF is now a Company
Limited by Guarantee with a Board of Directors.�
An Office Manager and Project Manager have already been appointed.�
Accessible premises have been secured in Stirling with ample parking.�
All of which now establishes SDEF on a firm footing as a
pre-requisite to fulfilling its strategic aims. The office can be reached by
excellent transport links by road, rail and bus which is in line with the
Scottish Executives wish to have organisations locate other than in
Edinburgh or Glasgow.
Throughout
we have remained loyal to the commitment we have made that the activities of
SDEF will always be guided by the wishes of our membership.
With
the establishment of a solid infrastructure SDEF intends to embark on its
first full year of operations.We are now a Company Registered in Scotland
Registration no. 243392
With
a Board of Directors as follows:
Convenor������������������
Elma Mitchell M.B.E.
Vice
Convenor���������
Iain Parker
Secretary�����������������
Agnes Stewart
Treasurer������������������
David Grieve
�
�����������������������������������
Jim Bryan
�����������������������������������
Peter Ingram-Monk
�����������������������������������
George Reid
�����������������������������������
Ron Skinner M.B.E
It
is with regret that we have to announce that Gordon Shepherd tendered his
resignation from the Management Committee on 27/01/03 on health grounds.
Thanks to him for his efforts on our behalf and best wishes for the future.
Having
Company status has enabled us to complete a lease on our Office premises in
a modern commercial development on the Springkerse Business Park in
Stirling. We are pleased that it has been possible to find premises in a
good location with good parking and access at an affordable cost.
The
first member of staff appointed was Mrs Dianne Jackson, who started late in
January 2003 as Office Manager. Her early role was to set up the facility
and make it fully operational. This was no easy task and Dianne has done
extremely well to change an empty room into a fully serviced and effective
office space.
In
April 2003, Mr Wynn Merrells joined the staff as Project Manager. An early
piece of work for him will involve looking at transportation arrangements
for people affected by disability in the local area of Stirling and Forth
Valley, to see if there are broader lessons for communities around Scotland.
Now
that we are on a proper footing, in terms of people and resources, we are
confident we can go on effectively. Our aims remain the same: to serve our
membership, to work effectively with others, to provide information and to
engage constructively with decision takers. We intend to ensure that the
concerns of people affected by disability are heard and acted upon and we
are dedicated to doing so in concert with our members.
LAUNCH OF ABERDEENSHIRE DISABILITY ADVISORY
GROUP REPORT by Agnes Stewart
I
was privileged to represent the Board of Directors at the launch of the
Aberdeenshire Disability Advisory Group at Inverurie on Thursday February 27th
2003.
This
project had been made possible because of a successful bid by Kincardine and
Deeside Disability Action Group, for project funding from European Year of
Disabled People.
Having
entered into a partnership with Gordon Disability Action and others around
Aberdeenshire, the aim of the group is to lead a successful campaign to
provide Access for All throughout Aberdeenshire. The project will bring
people together to share experiences and to provide the opportunity to
develop and use a range of skills.
They
are eager to learn about Access and to become involved with Access Panels
nationally.
About
50 people attended. The Steering Group Convenor Mrs Ruth Sim, gave a welcome
and outlined the work of the Steering Group. The Vice Convenor Mrs Yvonne Mc
Donald, brought greetings from interested parties including M.P.’s and
M.S.P.’s and many others who could not attend.
A
very personal perspective of disability was given by Kenny Herriot, an
athlete who became a paraplegic just two years ago. A former fitness
trainer, he came to terms with his situation by looking at new ways to
continue his chosen profession. He has in such a short time established
himself as a force to be reckoned with in Wheelchair Racing, both here and
around the world. Please watch for his name and support a Scottish hero.
A
speaker from Aberdeenshire Council then talked on the proposal to set up
three Access Panels within the County. Discussions took place on the
proposed Constitution for the Group and this will be ratified at the next
meeting. The Steering Group was appointed as the first committee.
The new Group was assured of SDEF’s interest and� we wished them well in their new venture. MACS
- MOBILITY AND ACCESS
MACS
was set up in May 2002 to advise the Scottish Executive on the needs of
people with mobility difficulties in relation to transport in Scotland. It
has been a busy first few months. Most of the committee members did not know
one another, they are all unpaid and most have other jobs.
Committee
members were appointed by Ministers for a period of three years. They were
appointed as individuals rather than as representatives of particular
organisations or groupings of disabled people. The Regulations that set up
MACS stated that at least 50% of the members (including the Convenor) must
be disabled.
The
work of the Committee so far has, for the most part, been in responding to a
variety of Scottish Executive consultation documents and advice requests.
The other strand of our work has been to build foundations for the work we
intend to do during 2003. We have published our work programme (it can be
found on our website www.macs-mobility.org),
which sets out in detail what we hope to achieve in the next 12 months.
Briefly,
we have set up seven working groups to take forward our work. They are:��
MACS
recognises that Scotland’s transport will not become accessible overnight.
We have a long road ahead of us if we are to achieve our mission:�
����
“
We believe in a Scotland where anyone with a mobility problem, due to some
physical, mental or sensory impairment, can go when and where everyone else
can and have the information and opportunities to do so.”
A NEW AND
IMPROVED MOTABLITY
Motability,
the leading car scheme for disabled people, this week unveils a new look and
improved scheme to make getting mobile easier for Britain’s disabled
people.
Currently,
around 400,000 people enjoy the benefits of the Motability Scheme, and over
the last 25 years, Motability has provided over 1.5millon cars and
wheelchairs for disabled people
Despite
the obvious success, there are still many disabled people who qualify for
the Motability Scheme who could benefit from it. In a move to make the
Scheme more accessible to new and existing customers alike, the charity is
unveiling a new and improved Scheme this week.
Along
with a new and refreshed brand identity there are four key enhancements to
the Motability Scheme, which have been developed to simplify and improve
using the Scheme.
Commenting
on the changes, Lord Sterling, the Chairman of Motability says, “ It is
appropriate that these most significant enhancements since the Scheme
started are announced in our Silver Jubilee year. They follow an 18-month
internal review and take account of customer feedback, plus the views of
leading disability groups.
We
shall strive tirelessly over the next 25 years to go on meeting the needs
and aspirations of our customers.”��
The
four major enhancements are as follows:
���������
More
Miles
New
contract hire customers benefit from an increased mileage allowance of
45,000 (previously 36,000) over a 3year lease. This is an additional 3,000
miles a year and will be especially welcomed by those living in rural areas
some distance from medical and other facilities. There will be additional
mileage benefits for existing customers.
���������
New
Fair Wear and Tear Policy
Ensures
that customers are not penalised for unavoidable damage caused by
wheelchairs or other mobility aids.
���������
Opportunity
to Buy
Contract
hire customers may now buy their cars at the end of the 3-year lease
(subject to certain conditions). This is particularly relevant to people
with heavily adapted vehicles.
���������
Competitive
Hire Purchase Options
Hire
Purchase options to buy a new or used car are now more competitive and come
with increased flexibility.
Further details from Motability www.motability.co.uk
ACCESS TO POLITICAL WEB SITES
People with
disabilities are being prevented from accessing the web sites of Scotland's
main political parties because these fail to meet basic accessibility
guidelines, a University of Dundee study has recently revealed.
The research,
carried out by the university's Digital Media Access Group and a commercial
law firm, examined the sites of each main political party standing in this
year’s Scottish Parliament elections.
The findings of
the study sug�gest that access to on-line party manifestos was likely to be
in most cases frustratingly ineffi�cient for many disabled users, including
the visually impaired and people with dyslexia.
The findings
revealed that it would take someone unable to use a mouse nearly
The Scottish
Socialist Party's site proved the most accessible.
THE FUTURE OF
SCOTTISH ACCESS PANELS
A
conference was held Wednesday 26th March 2003 at Forthbank
Stadium, Stirling to consider the best way forward for Scottish Access
Panels.� SDEF is pleased to have
undertaken the organisation of this for the Access Panel Steering Group and
SCVO. The aim of the conference was for representatives from around Scotland
to discuss recommendations from the Access Panel Steering Group. More than
30 panel representatives and their carers attended.
A
presentation was made by Andrew Jackson of SCVO, highlighting the key
considerations for the Steering Group and the direction of its thinking.
Delegates were then invited to join smaller discussion groups to reflect on
four issues, namely: which areas access panels should focus upon, besides
the built environment; what support they would require; what financial
resources would be necessary; and the nature of an umbrella body. The fourth
question invited delegates to vote as to whether such an
umbrella
body should be freshly created, or an existing national body, or consortium.
The voting papers were passed to Andrew with a view to informing the
Steering Group’s recommendation.
The
feedback session following highlighted the value of asking people with a
practical and active involvement. There were many positive suggestions on
additional services, such as information provision. The various groups
further suggested the types of professional and practical support, which
would be required for panels to operate efficiently. There was also strong
feeling on the necessity for core activities to be funded structurally and
good suggestions on sources of additional cash.
The
afternoon took the form of a panel session with open questioning and comment
from the floor. There were questions on the role of individuals, the
representational structure of the Steering Group and its potential role
regarding funding applications and direct support to panels.
The
day was wound up by Andrew Jackson who indicated that all contributions
would be written into a report, both for delegates and to guide the
recommendations of the Steering Group. This would of course, include the
proposals for an umbrella body.
It
was felt that the day had been an excellent opportunity for people to meet,
share views, influence events and carry forward the Social Inclusion agenda.������
STATE SECOND PENSION FOR
Some carers who
are in receipt of Invalid Care Allowance, or are entitled to it but cannot
be paid because they have another overlapping benefit, could be credited
intc the new State Second Pension scheme. (Carers who are not eligible for
pension credits - because they have already reached retiral age, for example
- will be excluded).
Eligible carers
will be treated as if they have annual earnings of �10.800 providing they
have no disallowed breaks in caring during any complete tax year. If they
satisfy the conditions, carers will have �1 per week added to their state
retirement pension for each year they have qualified. For example, if a
carer has satisfied the conditions for a 10 year period, an extra � 10 per
week will be added to their state retirement pension. (These credits are
over and above the Class 1 National Insurance credits which are awarded to
eligible carers at the moment). Carers who qualify will have the State
Second Pension credits awarded automatically so there will be no need to
make an application.
The state second
pension also applies to some people who are ill or disabled and claiming
benefits such as Incapacity Benefit or Severe Disablement Allowance. As with
carers, these credits will be added automatically to those who qualify and
so there is no need to make an application.
Copies of the
leaflets PM2 and PM9 are available by writing to:
Pension
Guide, Freepost, Bristol BS38 7WA,
TREATMENT OF PATIENTS AND CARERS
A SHERIFF has
ruled that there were no reasonable precautions whereby the death of a
Dundee man in Ninewells Hospital three years ago could have been avoided,
nor were there any defects in the system that con�tributed to his death.
But his judgment
following a fatal accident inquiry (FAI) into the death of a 57-year-old
man, the Sheriff has recommended that hospitals should review how they deal
with the ad�mission of patients with learning difficulties or mental
illness, adding that doctors and nurses should pay attention to relatives'
concerns.
He criticised the
medical staffs’ decision to put the patient, who had learn�ing
difficulties, in a side room, where he was "out of sight and out of
mind.”� He recommended that
those with disabilities should be treated in the same manner as others, in a
general ward.
At the FAI, the
deceased’s sister was criti�cal of the nursing care her brother received
in hospital, but welcomed a number of recommendations that were made by the
sheriff. If only one is carried out then it could save a life, but she was
concerned that there is no obligation on the part of the NHS to accept the
recommendations of the FAI.
If the sheriff's
recommendations are adopted, a group of very vulnerable people, whose voice
is seldom heard, could have equality in health care.
She said that
there were many doctors in�volved in her brother's treatment and she was
certain they would be reflecting on the out�come of the inquiry. She said
most doctors and nurses will take greater care when treating another patient
with learning difficulties.
Her brother died
in hospital after suf�fering from a fall there, the causes of death being
acute tra�cheobronchitis and acute bronchopneu�monia, immobility due to
cervical cord syn�drome and spinal in�jury, acute infection, peripheral
neuropa�thy, depression and malnutrition.
The Sheriff said
that no surgical inter�vention could have re�wired the damage to his�
neck, but he added it was im�possible to say with certainty that the
fall led to his death. It was a very complex, if not unique, case with many
different pathologies. It was a picture which baffled experienced
consultants in different fields. While there may have been some things which
could have been done better and lessons learned, he did not believe there
were many aspects other than some relating to nursing care which merit
particular criticism..
The
sheriff’s main findings were that doctors and nurses should pay close
atten�tion to family members and record notes of what they had to say. Further, a
system should be devised which allowed pa�tients or relatives to make
complaints or observations regarding any aspect of treat�ment in a manner
both trans�parent and easily understood.�
He said that more care should be taken to ensure that everyone who
might be involved in a person's care should be aware of their disability or
illness.
He said that where
there were communication problems, they must be promi�nently noted, with
the person given access to advocacy services.
The Sheriff said
consid�eration should be given to the feasibility of specialist nurses
being available in general hospitals to assist with patients who had
learning disabilities or mental illness. When nutri�tion was an issue,
steps should be taken to involve a dietician.
The Sheriff also
high�lighted the fact that entries in nursing and medical notes were
"quite regularly" made in the wrong place, while there was
something "approaching a culture among doctors of not looking at
nursing notes."� He said
that steps should be taken to eradicate that culture.
The hospital
involved said that there were no reasonable precautions by which the death
may have been avoided and there were no defects in any system of working
which contributed to the patient’s death. They will now take time to
consider the sherriff's recom�mendations in detail and will bring forward
an action plan to address these. A review of the local com�plaints system
has been un�dertaken and a national review is currently under way. The
hospital is now im�plementing the CRAG recom�mendations for nutritional
care of patients in hospital and it is currently devising an action plan to
ad�dress the needs of patients with learning disabilities in line with the
Scottish Execu�tive strategic documents, "The Same as You" and
"Promoting Health and Inclusion."
‘GET WHEELCHAIR WISE’
The `Get
Wheelchair Wise' pamphlet, produced by the British Healthcare Trades
Association, gives useful information about travelling on public transport
with your wheelchair. It details the different types of transport and the
various adaptations they can have. As well as advising on the best ways to
get on and off public transport, it also gives guidance on things you should
consider before travelling to make your journey easier and more pleasant.
The leaflet
includes other contact addresses which you may find useful. Single copies of
the leaflet are free; further copies can be ordered at a cost off 11 per
100.
If you would like
a copy, contact:
British
Healthcare Trades Association, 1 Webbs Court, Buckhurst Avenue, Sevenoaks,
Kent, TN13 1LZ,
BUYING A SCOOTER� ?
'Get Wise' also has a booklet entitled `Highway Code for Electric
Scooter and Wheelchair Users' which gives a variety of very useful tips on
what to consider before buying your vehicle and how to use it safely after
you have bought it. (Single copies of this booklet are free; further copies
can be ordered at a cost of �30 per 100.
Contact: British Healthcare Trades Association, 1 Webbs Court,
Buckhurst Avenue, Sevenoaks, Kent, TN13 1LZ,
CAR TRAVEL AND WHEELCHAIRS
Ricability
(research and information for consumers with disabilities) have produced 4
booklets which give advice on travelling by car with yourwheelchair:
‘STAY IN TOUCH’
Ricability has a
consumer guide to help older or disabled people choose a telephone to suit
their needs. The above guide is based on research and includes information
on a mixture of fixed, cordless and mobile phones and telephone services .
All of the above
guides are free (but there is a charge for postage) and give details of
where you can get further information, help and advice,
Ricability,
30 Angel Gate, City Road, London EC1V 2PT,
Please enclose an A4, self addressed envelope,
with a 44p stamp. This guide is available in large print, braille and on
tape, if required.
SALE AND SUPPLY OF GOODS TO COMSUMERS
REGULATIONS 2002
These
Regulations implement Directive 1999/44/EC of the European Parliament and of
the Council of 25th May 1999 on certain aspects of the sale of consumer
goods and associated guarantees, referred to below as "the
Directive" (OJ No. L 171, 7.7.99, p. 12). The Regulations make
amendments to existing legislation on the sale and supply of goods and
unfair terms in order to provide additional remedies to consumers in certain
circumstances. The Regulations also contain provisions on the legal status
of guarantees offered to consumers and place obligations on guarantors in
relation to such guarantees. Regulation
9 introduces a new Part 1B into the 1982 Act in order to give effect to the
new rights for consumers set out in Article 3 of the Directive. Where goods
fail to conform to the contract of sale at the time of delivery, then under
Part 1B the transferee firstly has the right to require the transferor to
repair or replace the goods within a reasonable time and without causing
significant inconvenience to the transferee. If repair or replacement is
impossible or disproportionate, or if the transferor fails to repair or
replace the goods within a reasonable time and without significant
inconvenience to the transferee, then the transferee may require the
transferor to reduce the purchase price of the goods by an appropriate
amount, or rescind the contract. Regulation
11 makes amendments to the 1982 Act in relation to the hire of goods by
consumers in Scotland which shadows the changes made to the 1979 Act by
Regulation 3.
Copies
are also available from the Consumer and Competition Policy Directorate,
Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET.
CENSUS 2001 REVEALS DISABILITIES
The recent
publication of the extracts for Scotland from the 2001 Census reveal that
out of the population for Scotland of 5,062,011 there are 1,028,094 people
with a limiting long-term illness - that’s about 1 in 5 of the
population.� Surprisingly
787,143 are people of working age.
Of the 1,028,094
the number that consider the state their General Health to be :-
The Census for
Scotland also reveals that there are 481,579 people who provide unpaid care.
Of these people
This means that
nearly half a million carers are providing a free Health Service and if this
were costed would about to over �4 billion pounds -the equivalent that
the Scottish Parliament spends on the Health Service.
DATE FOR YOUR DIARY
MOBILITY
ROADSHOW AT INGLISTON, EDINBURGH on FRIDAY 9TH and SATURDAY 10TH
JULY 2004.
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