SDEF Newsletter No.9 - March 2003

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 1^st 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 27^th 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

COMMITTEE FOR SCOTLAND

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:��

• Ports and Ferries - This group will work closely with the DPTAC (the Disabled Persons Transport Advisory Committee) to review guidance on accessibility for large passenger vessels and to write guidance on the design of smaller passenger vessels and river craft.
  

• Rail Travel - This group will take forward work in relation to the re-tendering of the Scottish Passenger Rail franchise and the policies towards disabled people of all train operating companies conducting business in Scotland.
  

• Research - This group will promote a people centred approach to any research proposals it develops. It will work with partners to identify gaps in current research and present Scottish Executive with detailed research proposals as appropriate.
  

• Travel Information - This group will look at all elements of travel information - from marketing to what to do when a journey does not go to plan. The group will consider whether the needs of disabled people are taken
  into account and if not will make recommendations on how things should be improved.
  

• Staff Training by Transport Operators� �- This group aims to design a minimum level of disability equality awareness training for all transport operators and to recommend to the Scottish Executive that this becomes mandatory in Scotland.����������
  
  ������������������������������������

• Pedestrian Environment - This group will look at the journeys from home to public transport and from public transport to final destination. The group will also investigate the use of street furniture and make recommendations to Scottish Ministers as appropriate.
  
  

• Buses and Taxis - This group has a particularly wide remit but in our first full year will investigate the provision of on demand, door to door, (and perhaps beyond the door) transport, and make appropriate recommendations to Scottish Ministers.

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

• 30 key presses to be able to access the Scottish Liberal Democrat manifesto,�
  
  

• nearly 80 presses to access the Scottish Labour manifesto,�
  
  

• while access to the People's Alliance manifesto would be impossible for some�one who could not use a mouse

The Scottish Socialist Party's site proved the most accessible.

THE FUTURE OF SCOTTISH ACCESS PANELS

A conference was held Wednesday 26^th 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 AND DISABLED

PEOPLE

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:

• ‘Getting a wheelchair into a car' - gives information on equipment to help with this task; e.g.. hoists, racks and trailers etc.
  
  

• `Ins and Outs' - advises on what to look for when choosing a car. It also includes tips on getting in and out of a car and ways your car can be adapted to suit your needs.
  
  

• `Car Controls' - takes an in depth look at the types of adaptations to help you drive, and where to access them.
  
  

• `People Lifters' - details the devices available for helping wheelchair users to get into the car.

‘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 3 makes amendments to section 14 of the Sale of Goods Act 1979 ("the 1979 Act") in order to give effect to the provisions of Article 2 of the Directive which relate to the seller's liability for public statements made by the seller, the producer or his representative.

Regulation 4 makes amendments to the rules in the 1979 Act governing passing of risk and acceptance of goods in consumer cases.

Regulation 5 introduces a new Part 5A into the 1979 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 5A the buyer firstly has the right to require the seller to repair or replace the goods within a reasonable time and without causing significant inconvenience to the buyer. If repair or replacement is impossible or disproportionate, or if the seller fails to repair or replace the goods within a reasonable time and without significant inconvenience to the buyer, then the buyer may require the seller to reduce the purchase price of the goods by an appropriate amount, or rescind the contract.

Regulations 7 and 8 make amendments to the Supply of Goods and Services Act 1982 ("the 1982 Act") for England and Wales and Scotland respectively in order to give effect to the provisions of Article 2 of the Directive which relate to the transferor's liability for public statements made by the transferor, the producer or his representative.

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 10 makes amendments to the 1982 Act in relation to the hire of goods by consumers in England and Wales which shadow the changes made to the 1979 Act by Regulation 3.

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.

Regulation 13 makes amendments to the Supply of Goods (Implied Terms) Act 1973 in relation to the hire-purchase of goods by consumers which shadow the changes made to the 1979 Act by Regulation 3.

Regulation 14 makes amendments to the Unfair Contract Terms Act 1977. The definition of "Dealing as consumer" is modified in that the condition in section 12(1)(c) does not apply where the consumer is an individual. Changes are also made to section 12(2) concerning sales at auction.

Regulation 15 provides that where goods are sold or otherwise supplied to a consumer which are offered with a consumer guarantee, the consumer guarantee takes effect as a contractual obligation. The Regulation sets out the requirements for the form and content of consumer guarantees and gives powers to enforcement authorities to apply for an injunction or (in Scotland) an interdict against the guarantor or offeror in the event of non-compliance. A transposition note setting out how the main elements of the Directive are transposed into law and a regulatory impact assessment have been placed in the libraries of both Houses of Parliament.

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 :-

• Good was����������� 698,178

• Fairly good was�� 225,564

• Not Good was �����104,352

The Census for Scotland also reveals that there are 481,579 people who provide unpaid care. Of these people

• 305,610 provide unpaid care of� 1-19 hours a week

• � 60,294 provide unpaid care of 20-49 hours a week

• 115,675 provide unpaid care of 50 or more hours a week

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.

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