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Jackie Driver Head of Good Relations

Disability Related Harassment Review. Jackie Driver Head of Good Relations. January 2013. Overview of presentation. About the Inquiry Definitions of disability-related harassment Forms of harassment ‘Hidden in Plain Sight’ Barriers to progression ‘Manifesto for Change’ Impact of inquiry.

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Jackie Driver Head of Good Relations

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  1. Disability Related Harassment Review Jackie Driver Head of Good Relations January 2013

  2. Overview of presentation • About the Inquiry • Definitions of disability-related harassment • Forms of harassment • ‘Hidden in Plain Sight’ • Barriers to progression • ‘Manifesto for Change’ • Impact of inquiry

  3. Why this Inquiry? • Evidence of serious cases of abuse across GB • Fiona Pilkington and Frankie Hardwick • Serious cases only tip of the iceberg • For many, harassment is commonplace and goes un-reported • Apparent failure of public authorities to recognise extent of disability-related harassment • Previous research on the safety and security of disabled people

  4. What is ‘disability-related harassment’? Unwanted, exploitative or abusive conduct against disabled people which has the purpose or effect of either: Violating the dignity, safety, security or autonomy of the person experiencing it, or Creating an intimidating, hostile, degrading or offensive environment.

  5. Forms of harassment • Name calling • Damage to property • Exploitation, theft and fraud • Anti-social behavior • Cyber bullying and cyber harassment • Sexual abuse, rape and sexual assault, and • Physical assault, ranging from lower level assaults up to murder

  6. EHRC Inquiry Powers • Equality Act 2006 section 16 • Inquiries into issues or sectors where there are concerns relating to human rights and / or equality • Require organisations to provide evidence • Publish authoritative evidence-based reports • Make recommendations against which we expect action

  7. Legislative Framework • The Disability Discrimination Act 2005 • The Equality Act 2010 • Public sector equality duty • Criminal law • The European Convention on Human Rights • The Human Rights Act 1998 • The United Nations Convention on the Rights of Persons with Disabilities • The Autism Act 2009

  8. Policy framework • Antisocial Behaviour • Hate Crime • Adult Protection • Bullying

  9. Inquiry Methodology • Call for Evidence • Terms of reference • Evidence gathering • Formal hearings • Analysis • Publishing report • Follow up / Adverse Findings

  10. Hidden in plain sight – Inquiry report • Ownership and Leadership • Availability of definitive data • An accessible and responsive criminal justice system • Understanding the motivations and circumstances of perpetrators informs the design of interventions. • Positive attitudes towards disabled people and a better understanding the nature of the problem. • Evaluation and dissemination of promising approaches to preventing and responding • Effective guidance and training for frontline staff  

  11. Systemic institutional failure • Incidents often dealt with in isolation • Disability as a motivating factor • Opportunities to stop harassment are missed • Focus on the behavior and ‘vulnerability’ of the victim rather than the perpetrator • Failure of agencies to work together • No understanding of the causes and prevention • Barriers to reporting and recording • Barriers accessing justice • Perpetrators face few consequences • A lack of shared learning across agencies

  12. Barriers to progress • Legal • Policy • Attitudinal • Societal • Organisational • Individual

  13. Manifesto for Change • 81 formal responses • Three national governments published their commitments • How the Commission will monitor progress over the coming years

  14. Impact in England • LAPSO Act reviewed • Law Commission Commit to review all statutory and common laws • Adult Safeguarding Boards given statutory status • National Housing Federation produces guidelines regarding security of tenure • Department of Transport published Disability Action Plan

  15. Impact in Scotland • Shift perception from an individual’s perceived vulnerability • Multi-agency approach to adult protection • Courts to record when and how aggravation have been taken into account when sentence is passed • Scottish and Crime Justice Survey includes questions on disability

  16. Impact in Wales • Action plan adopted by Welsh Government in tackling disability-related harassment • Wales Strategic Action Plan adopted objective to reduce disability-related harassment

  17. How will the Commission follow up the recommendations it makes? • Ownership sits with the key authorities identified in Hidden in Plain Sight • Recommendations and findings integrated into core work of the Commission. • Where appropriate monitor the performance of organisations. • Measuring a key aspect of tackling disability related harassment over the next 1, 3 and 5 years.

  18. Points for discussion • Common experiences of disabled people? • Differences in legal and policy frameworks? • What can we learn from each other?

  19. ‘Building a society built on fairness and respect where people are confident in all aspects of their diversity.’

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