Law in a non-discriminatory world

1. Law in a non-discriminatory world Disabled People Leading Change

2. Starting with what we want • EQUAL PARTICIPATION FOR ALL • We are disabled people leading change • A good society relies on human difference – for new ideas, resilience, problem-solving and innovation – and on everyone’s contribution • Our rights to participate have been recognised in national and international law; and are vital to social justice and a thriving society • Includes mental health challenges • Campaigned improved coverage DDA • And Equality Act 2010 Disabled People Leading Change

3. Free to live where you choose • UNCRPD Article 19: Living independently and being included in the community • Eg the right to choose where and with whom you live on an equal basis with others • Long campaigns: eg escaping from a Cheshire Home, employing PAs to live life you choose, with choice and control Disabled People Leading Change

4. MH history: a microcosm • Tooting Bec Asylum opened 1903, era of mass institutionalisation: • ‘Two of the single rooms in each block have been padded by Pocock Brothers’ (1903) • ‘…The land is enclosed by a wrought iron fence…’ • No credibility for patients who challenged incarceration eg Lunacy Commissioners: ‘Most patients did not speak to us. Those who did speak generally appealed for their discharge and we had no complaint that appeared to have a substantial foundation’ (1905) Disabled People Leading Change

5. Disabled People Leading Change

6. So has this changed? • Huge policy attention (rightly) on >3500 people with learning disabilities in institutions (though 2014-16 no tangible progress in reducing this) • Concern they are wrongly placed in psychiatric units, high risks of poor care, seclusion, unexplained death • DR UK says it’s not enough to argue people with learning disabilities or autism should move out of MH units, or be taken out of the Mental Health Act – leaving intact the idea that if you have mental health problems it’s fine to be placed in such units against your will, and subject to compulsory treatment. • ALL disabled people’s rights should be respected equally in line with UNCRPD Disabled People Leading Change

7. Rising co-ercion • 2014-15 Mental Health Act used 58,399 times to detain people in England – a 10% rise since 2013-14 (53,156 times) • This was the highest year-on-year rise ever – but part of a long-term upward trend (eg a 30% increase from 2003-4 to 2013-14) • In addition, CTOs – introduced in 2008 in theory partly to reduce compulsory detention – increased year on year. A double whammy of growth • CQC reviews unexplained deaths, use of seclusion and restraint. We have nothing comparable to SAMHSA’s 2005 ‘Roadmap to Seclusion and Restraint Free Mental Health Services’ – its vision ‘to reduce and ultimately eliminate the use of seclusion and restraint’ Disabled People Leading Change

8. Psychiatric ASBOs were an error, says key advisorFormer champion says public safety fears led to adoptioFormer champion says public safety fears led to adoption of measures that were ineffective but seriously curtailed patients' freedoms n of measures that were ineffective but seriously curtailed patients' freedomswere an error says key advisor Former champion says public safety fears led to adoption of measures that were ineffective but seriously curtailed patients' freedoms • Former champion says public safety fears led to adoption of measures that were ineffective but seriously curtailed patients' freedoms

9. Non-discriminatory legislation • Suggestions: • Remove distinct mental health law - it’s discriminatory per se to make it easier to detain and compulsorily treat people because of presence of disability/mental illness • Build provision for treatment and detention for people in MH crisis into best thinking on reformed legal capacity law (eg supported rather than substitute decision-making) • End CTOs • Commit to move towards services that are free of seclusion and all types of restraint Disabled People Leading Change

10. A wider agenda • EQUAL PARTICIPATION FOR ALL • MH equality campaigns have strong focus on removing stigma so people seek help; and ‘parity of esteem’ ie more money for MH services in hard times • Eg ‘Equality for Mental Health’: 7 of 10 points related to treatment/health, 2 to police/prisons – only 1 to equal life chances (employment – and even here about treatment to get back to work) http://www.equality4mentalhealth.uk/ • More to life than ‘help’. Disabled people rejected medical and charitable models – and called for support on their own terms, to lead lives they choose, free of the discrimination that disabled them Disabled People Leading Change

11. A new paradigm • We need new paradigm – participation rights – so initiatives to change attitudes are inextricably linked to practice and policy that reduces inequalities (in social isolation, employment, education…) • Full inclusion changes attitudes • Backed by using Equality Act and protecting human rights Disabled People Leading Change

12. Stronger together • Disability Rights Commission created Coming Together: Mental Health and Disability Rights • Disability Rights UK: 85% of Trustees and 60% of staff live with disability/health conditions, including mental health issues, neuro-diversity, visual/hearing impairments, being Deaf, physical impairments etc • We can have more impact on policy – and more readily support employers, educationalists etc – if we apply the same principles across our differences, with mutual understanding of our different experiences • Big opportunity: examination of UK by CRPD Committee – ensure mental health issues high profile (& see Committee on Economic, Social and Cultural Rights this week) Disabled People Leading Change

13. Change the narrative • From ‘burdens’, ‘scroungers’ or ‘service users’ to contributors – where every type of contribution is valued • From ‘welfare’ that ‘looks after’ people – to investment in independent living and participation • From risk-aversion and safeguarding that perpetuate compulsion - to public understanding of a proportionate approach to risk • From difference being a mark of difficulty – to difference being essential to a good society Disabled People Leading Change

14. Make the narrative mainstream • “We want greater powers to be seen, to vote, to be included, have the same opportunities in social life, education and employment as everyone else” (Gary Bourlet) • Liz Carr: disabled people in soaps and who dunnits • We need more and more diverse voices of disabled people Disabled People Leading Change

15. About DR UK • Membership organisation • All Party Parliamentary Disability Group • Disability Rights Handbook • Career development programme • Training, consultancy and advice • www.disabilityrightsuk.org • liz.sayce@disabilityrightsuk.org Disabled People Leading Change