Showing posts with label disability. Show all posts
Showing posts with label disability. Show all posts

Wednesday, February 12, 2020

diverse language forbidden

Paul Wady is an activist + writer on autism who does an Edinburgh Fringe show on it annually. I have seen a lot of the silly radical language politics he describes going on for several years + getting ever purgier + more factionally radicalised. Today Paul shared on social media:
*******

An ethos has been invented in which the term Neurodiversity Movement means people who reject and ignore the severely disabled and autistic, and won't hear anything negative said about being on the spectrum. Which is of course absurd. This seems to be something we have to address daily.

It was invented by people with different motives such as Anti Vaxxers, ABA practitioners and people who hate being autistic. Also people who just plain hate being. Finally a certain BE CURED OR BE DAMNED attitude?

I might also venture to describe them as 'Wannabe NT's'.

Assertion of this definition of the term, invariably takes the form of people ignoring anyone trying to reason or debate with them and just going around in circles. Saying her and over that they are right. It's not sane.

If you meet anyone on social media who ignores what you say and just replies any way they want, for example when you describe the loose umbrella term autism as anything but a disorder and that's that - you can predict what you get back. It's a disorder and that's that. No amount of reason seems to get through. But the bizarre thing is, they must understand what you are trying to tell them.

Personally I see it all as relative and you have to have the conditions/symptoms of disability to be disabled rather than one condition that always means you are.

So thank you to everyone doing this. Without such facist eugenicist attitudes, I would not have been able to so clearly define my ideas and attitudes in the field of self advocacy. Keep up the good work - because people can spot when someone does not listen to reason or have the ability to engage in a rational dialogue.

12 Feb 2020

Saturday, July 6, 2013

cumulative impact of the benefit changes

We should circulate matters of practical importance to folks' life viability. The answer to the problem that it might make the blog appear politically biased, is to state a willingness also to post for any local aspie who wants to take the opposite view.

This is circulated by Liam Byrne the shadow minister for work and pensions, seeking for folks to ask their MPs, of any party, to support a parliamentary vote for a study of the total effect all the benefit changes combined. Not just of each single change in isolation, which can always be made to sound less. Some of the impact comes from combined effects:

After more than 3 years in power, it’s time for this government to finally come clean and tell us exactly what impact their changes will have on the lives of disabled people and their carers.

So on Wednesday 10 July, Labour will drag ministers to the House of Commons to debate the changes they have made that affect disabled people, and at about 16:00 we will force a vote to demand a Cumulative Impact Assessment by Oct 2013 at the latest – and we will be calling on MPs from across the House to support it.

I am asking supporters to help build pressure on the government in 3 ways:
  • Write to your MP and ask them to back the motion
  • Write to your local paper and explain why we urgently need a cumulative impact assessment
  • Tweet your support using #MakeRightsReality – here’s the link to the motion (liambyrne.co.uk/?p=4534)
Please share this page with anyone who might be interested.

Here’s the motion in full: “That this House believes that the Government should publish a cumulative impact assessment of the changes made by this Government that affect disabled people (to be published by Oct 2013).”

Saturday, April 28, 2012

Rare piece of insurance common sense

Travel Guard, answering a travel insurance enquiry for a company their claims line serves, said something worth hearing concerning a topic that no travel insurance policy is satisfactory on: lost or stolen travel documents including passports. To my enquiry as to what happens if you can't get a written police report, they say you can now give them a note explaining the circumstances that you could not get one.

The rule they always have in travel insurance, that you must obtain a written report to base your claim on, conflicts with the whole nature of travel risk. How can they possibly know that the police or other officials will be willing to provide the written report? What if they won't, and in a foreign country, how are you supposed to make them? Even in a European democracy, let alone in totally corrupt countries?

To a common sense enquiry as a buyer, for once I have got a better answer than I expected to get. It is some progress on the issue that concerns me so intensely, of losable travel documents and your safety when having to use them: particularly for spectrumites because of dexterity issues dyspraxia and attention deficit that make small objects easier to lose. Of course, given the complex trickiness of insurance and all the unpredictable details of a loss situation that you can not know what they will be until it happens, the value of this consumer victory remains small compared to the safety need that folks' safety when travelling should not depend on carried physical documents at all, and the safety victory if this 200 year old practice that big business interests have habituated our culture to accept was actually stopped.

Maurice Frank

Friday, February 10, 2012

physical document stolen, no holiday, and listening to us could have prevented it

In today's Metro I was overjoyed to find that someone else, not me, had written in supporting the view favoured by me and the education reformer John Holt, that there should be no age limit on the vote at all. That everyone can start voting when they personally feel ready. You see, whenever you are oppressed, there is always someone somewhere who sensibly realises it.

But never in this world does pleasure last, before pain takes it all away again. The same Metro also told of a couple who got burgled during their wedding, and the man's passport was stolen. Despite the personalised nature of passports the burglars obviously reckoned they could do some fraudulent changing of it, and nicked it, with the result that the couple can't go on their honeymoon to Iceland.

Think about that. They are no longer allowed to do something they have presumably already booked and paid to do, because by no fault of their own a physical object has been stolen from them. For being victims of crime, victims of theft, they personally cease to be allowed to do a thing.

Then remember what I have said here several times before, about how the fine coordination and dyspraxia and attention issues in autistic spectrum conditions increases the losability of small objects like tickets, so makes it disability discrimination for your status as you move around ever to depend on your possession of any small physical object like a ticket. Like a passport too. It is a form of ticket, and it is barbarously primitive to have its losability during your holiday to be able to get you into a frightening practical crisis. Very visibly it is a form of apartheid pass book too.

There is a disability equality duty to listen to all the impacts made by any disability. If there had been no blatant evading of the responsibility to listen to the autism scene concerning this, then the issue of losable documents would already have been forced, including at a brilliantly democratising international level because passports exist. If this had been done uncorruptly, following the medical facts as far as they go, then passports would no longer exist and this couple's experience could not have happened.

Maurice Frank

Friday, June 24, 2011

Don't let the council make it up as it goes along

From Local Government Finance Act 1992 section 81, which creates the power of council tax appeals in the Act's Scottish section:

(1) A person may appeal to a valuation appeal committee if he is aggrieved by -
(a) any decision of a local authority that a dwelling is a chargeable dwelling, or that he is liable to pay a council tax in respect of such a dwelling.
(b) any calculation made by a local authority of an amount which he is liable to pay to the authority in respect of council tax ....

From www.scotland.gov.uk/library3/localgov/ctha-00.asp "What are the grounds for appeal?"
  • If you disagree with the levying authority's decision that your dwelling is chargeable,
  • if you disagree with the levying authority's decision that you are liable to pay the council tax in respect of a particular dwelling, or,
  • if you disagree with the calculation of your bill

You can check out the full act yourself. It states simply and clearly that if you want to appeal any disagreement you have with the calculation, any error that you personally perceive in it, you are absolutely entitled to do that. That power of appeal is written literally in the law. As aspies know, what is literally said is what is said. In the written law and the public info on it there is absolutely nothing, not a word, that says the council ever has any power to say that it refuses to recgonise your appeal's existence or to carry it out as a case, on grounds of its view of your appeal's merits. It has no power whatever to say, we don't think this is a "relevant" subject for an appeal so by our say-so you are not getting an appeal held.

It follows that it has no power or entitlement further to threaten to take you to court unless you acquiesce to this. You would then be under threat of legal penalties precisely for following exactly what the law says!! It would not be possible to rely on any law as literally meant, or to know that following it means less trouble than not following it. A system of law would not be operating, arbitrary terror would be operating instead, if a council was ever upheld in behaving this way. Over council tax appeals or over anything else ever.

The duty that public bodies have to communicate fully and effectively with us, especially with us because we come under disability equality, rules out the council inventing rules of its own that are not there in the rules issued to the public, of a nature as to let it conveniently suppress appeal cases lodged against its own actions - and for it to claim to enforce what it has invented while ignoring the actual position.

More info from within the scene:
Autism, as a recognised disability, implies a number of rights in court settings. Probably the relevant one to follow up here is to have an ‘appropriate adult’ to provide support. The courts will generally take a helpful and sympathetic view of how to help people who are vulnerable or have disabilities, so long as they are primed beforehand to understand the situation. Often what happens with autism is that there is insufficient prior knowledge provided regarding what the problems are, and the person may present superficially as not having any particular disability.

Statutory rights are conferred by the UN Convention on the Rights of Persons with Disabilities, of which the UK Government is a signatory. These include a number of general principles and obligations in relation to equality and non-discrimination (Articles 3-5), and the requirement for States to take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity (Article 12), and to ensure effective access to justice for persons with disabilities on an equal basis with others (Article 13).

The principle is that to provide an ‘equal basis’ a person with a disability requires such measures as will provide a level playing field with people who do not have a disability.

Written straight after a meeting with the council, that had to be lobbied for before it could be held!! about a dispute of this nature.

Maurice Frank

Friday, October 1, 2010

Bus again already !

Bus 841 doing service 41, a part route bus ending at Waverley, Sep 30. Driver announced the end of service and forced folks to get off, a stop before Waverley, at Frederick Street corner, and openly told questioners it was because he wanted his dinner.

Waverley means Waverley, Bridge or Steps, east end of Princes Street. Absolutely not a point west of the Mound.

Bus complaints, with all the local companies, have a very bad track record of them hiding behind various European rules for workers to claim they can't reveal, whether drivers who bully passengers actually have suffered commensurate and deterrent retribution.

This case cuts right through that corrupt princple. If a service ends early and folks are charged a further fare on the next bus, that is extortion of false fares. When you have a free pass, if you have to bleep it again on the next bus after an incident like this, then the driver's offence extorts the company a false second fare at public expense.

Hence, the company can either be publicly pilloried as extorting extra fares by not operating as billed, or else it must tell us quite specifically and committally that as a fact it is recovering the extra fare from the driver, as retribution, not from the state.

Valuable information on the disability discrimination law has been shared by the mental health campaign Vox. It requires accommodations to be made for all disability groups' needs in using ordinary facilities which they can use, like a bus. Under this, an accommodation that autistic spectrumites are entitled to, is that all information is to be taken literally, including the destination on the front of a bus. We can't be expected to guess culturally that a bus is not really going to where it says but to somewhere short of there. Hence, disability discrimination law requires all buses saying "Waverley" to actually go as far as Waverley Bridge or Steps. See.

Thursday, May 21, 2009

Effort to contribute our issues to another good cause

Is the society around us seriously registering aspie issues? and the beneficial impact they make upon many other fairness issues too? Or are they just saying what the socially minded say too often: Oh dear, will we be understood if we say anything new, let's just keep saying what we find familiar? When a local project starts up for a good cause, does it do its own thing, oblivious to us?

On May 9 the No Borders campaign held a dayschool here, as part of a tour, on the oppression of asylum seekers. Part of its purpose was to assemble such folks as might want to take part in starting a local project for practical solidarity with asylum seekers, similar to one already functioning in Newcastle. There was a predictable way that the prevalence of local faces who are already regular in the left wing or anarchist scenes reduced the likelihood that anyone not of those scenes could be involved and feel comfortable or included. The rigidity of attitude those folks have about most topics, really thwarts the wider growth of projects they would like to see wider growth of.

Some of what they are about was sensible practical sharing of material goods with asylum seekers who can't obtain them, either who are paid in food vouchers of tightly limited usability instead of cash, or who have had all income cut off completely at the same time as not being allowed to get jobs. Solidarity in the face of the unviability of life the asylum system is intentionally designed to cause. Naturally also they are interested in raising public support for our guests, for making the true situation wider known about how folks already come out of desperately dangerous situations are getting treated, and if need arises, for having the means to create campaigns of the community's eagerness to keep someone, around blatantly corrupt refusals of asylum or attempts to deport. There has in fact already been a past campaign in Edinburgh preventing a spiteful deportation of a care worker whose life was totally established here and formed part of the care of learning disabled folks too. These campaigns are brilliant in their impact aginst racism, because they pinpoint how immigration barriers trample over the practical common sense of daily life.

Here is the problem. Folks doing these campaigns, if they seriously and genuinely care and want sheer reasoning decency to win against racsim, then they must want every possible contribution to victory for asylum seekers to be seized on and made maximum use of. This is an automatic duty. In the dayschool, in the session devoted to gathering ideas, I contributed an idea arising from autism. Think about this one:

Disability discrimination is now an established principle, itself owed to a history of struggle too. Among asylum seekers, just as among any other group, there are bound to be some aspies, some dyspraxics, and some attention deficits. To treat them in any way they will have a disadvantage with because of their conditions, is disability discrimination hence must be illegal. This is arguable by 2 separate routes, nationally on grounds of disability discrimination law, and internationally on human rights grounds applying to medically real minorities. But is there a screening system that is diagnosing all the autistic spectrumites among asylum seekers, and doing it straightaway without a wait, and being generous about diagnosing in uncertain cases? Of course not. As there is not even such a system for the ordinary settled population, even less possible is it for asylum seekers. This proves - the system handles asylum seekers completely blind to which ones are on our spectrum. Hence, any way that all asylum seekers are treated, that would be disadvantageous to the spectrumite ones, is a disability discrimination and is invalid to continue. Where there is an impairment of concentration or attention, there is a greater chance, innocently and without blame, of losing physical objects, especially small or flimsy ones. Like - identity papers and cards. It is visibly disability discrimination to make any autistic spectrumite verify their status by carrying documents. Because of not knowing which asylum seekers are spectrumites, disability discrimination is committed by making any asylum seekers at all depend on carrying documents, in any way at all !

This gets rid of the identity cards being introduced for asylum seekers, and it wipes out the validity of ever penalising them for lacking papers or passports on their arrival here.

So we wait to hear that No Borders or any other asylum solidarity project makes some use of an item of this whopping magnitude. How long will the wait be? At the dayschool, my point was just put in the list, with a murmur of uncertainty of how much gain it would be possible to make from it in practice. One more voice, speaking from lack of knowledge of disabilities, voiced the sense of unsure ground hence of need to pass this item on to any folks with more secure disabled knowledge who might pop up in the local project in future. This is all that happened. Indeed from experience this is about all I expected would happen. The item was not focussed on again in the ending. It's obvious what this means: no commitment that the item will be used at all. The project will start with local radicals just saying the familiar things they are already used to saying, that don't force any big shift in the system's nature.

We have never yet had an asylum seeker in Elas. In theory we could, if there was an aspie one living in Edinburgh. Then we would be involved at the real personal level of experiencing the oppression, the global apartheid, splitting friends and vandalising lives. We will all as a community, not only the asylum seeker, have been medically wronged and violated by any functioning local asylum solidarity project, if it claims to have even in theory a choice not to make use of the item I raised. Same goes for all the national projects. If the local project does get going, then any asylum seekers reading this will know whether the project honestly cares a damn and wants to win your cause, by whether it takes up my disability discrimination argument and cites it publicly against the identity rules in the asylum system. It is a simple clear argument.

How many other good causes are there, where the opportunity for autism to force positive advances in civil liberties gets received only with uncertainty and doing nothing, just because it is unfamiliar? This makes all the difference to whether aspies are marginalised, or campaigners for other causes are seen to care at all about the biological needs they raise. The issue about losable documents does not only affect asylum seekers, they are only the most extremely and urgently affected group. For all the settled population too, the issue has the potential to stop identity cards and to force the democratic world to abolish passports and tickets on public transport. Which brings a whole lot more issue campaigns under the same clear test:

EITHER to commit medical betrayal cheating the entire ordinary population out of a great gain, OR to have no psychological barriers ever to immediate takeup of new information heard for the first time.

Maurice Frank

Monday, March 30, 2009

endemic bus malpractices

Here is an action towards a public office, citing disability discrimination on our behalf, that consequently they have a duty to act on, and they are not doing. Now, what is the point of having a disability discrimination law if we are not supplied with the means to pin down any public office to give answers according to it???!!

These 2 emails were to the "Bus Passenger's Platform", the complaints department of an entity called Passenger View which advises the Scottish government on what bus passengers need without at all having to ask bus passengers what we want it to say! When you complain to BPP about malpractices by bus drivers, usually it is on the bus companies' side and completely in their pocket. BPP will scrape the gutter for any excuse to find that the bus company couldn't have taken an absolute line on preventing the malpractice.

BPP is one of those bodies that exists to make it look like something is being done. In reality, even if you have been blatantly bullied by a bus driver and the advertised bus sevice blatantly not honoured at all, as long as BPP's decisions are discretionary it is utterly pointless to lodge a complaint to BPP. The only thing there is any point in doing, is to extract from each bus malpractice any aspect you can of distinct ill-treatment of a minority needs group, and lobby BPP about it, telling BPP it is acting illegally concerning discrimination unless it admits that its duty to make findings in favour of the minority need is automatic, not discretionary. You need to ask BPP to confirm this to you before you file an actual case to them. This is what I sought to do in the following emails:

Mar 5: I belong to [mentioned Elas and Sasn].

The vulnerablilities caused by Asperger Syndrome include a reliance on literal information, and lack of facility to make contextual guesses that information is not meant literally. This would include, that we more than other passengers can't be expected to guess, by cultural norm, that some information given in a bus timetable is less true than other parts of the timetable and may routinely not be honoured by the bus operator. It would be illegal disability discrimination to expect any such thing of us.

A consequence of this, is that it would be illegal disability discrimination against us, ever not to find against the operator, in a case where a particular service frequently jumps one of the stops it is advertised to observe, and the operator has ignored or evaded all efforts to pin them down committally to do anything about it. A case where there is always a 50-50 chance that the bus you want will sweep past the stop in the central dual carriageway lanes that block it from observing the stop, instead of taking the side lanes to observe the stop, and this is on a long distance service so that total wreckage of a day's travel plan is inflicted by it.

In any case of this nature, it needs only be established that the company is allowing the offence to happen, by its lack of committal answers, and that makes it a simple 100% certainty that the complaint would be upheld. Hence, it would be illegal disability discrimination to a recognised medical group who have public speaking outlets, for you not to agree that this is the case, to this enquiry in advance of an actual case being brought, or to be noncommittal about it.

It would be disability discrimination to insist that the actual case is brought before you take any position, because by so insisting, you would be keeping in existence a visibly provenly illegal margin of discretion against the position being an automatic certainty. You would be forcing the case to be a gamble instead of a routine upholding of a literal principle. You would be saying that in a case where the factual finding was that yes the events concerned have happened, it could ever be at all possible even in theory to find against a complaint of the nature described and to allow a bus operator to behave in this way.

Past experience proves the need to put the case's committal medical principle to you before being forced into taking any gambles on which way you might go if it is left to arbitrary discretion.

Mar 12 BPP's answer: [first an unnecessary para explaining what BPP is]

Unfortunately you have not indicated whether or not the bus company has had an opportunity to address your complaint. I would be grateful if you would advise this office accordingly. If the operator has responded to your complaint and you are unhappy with the response, you must sens a copy of all relevant correspondence to this office.

If the complaint has not been taken up with the bus operator in the first instance, I regret that BPP is unable to consider your complaint at this stage.

Mar 14: Yes, we are talking about a case here the bus company has had this problem repeatedly put to it over a year and a half, and has only gone from explaining each incident as an isolated driver error, to not answering at all.

I know the rules about sending correspondence with an actual complaint - I have experienced the process before. But I have not made any actual complaint to you yet. I was enquiring about BPP's attitude to a principle: the committally automatic wrongness in every case ever, of a bus service being allowed to persist in often jumping one of the stops it is advertised to observe, by passing it in the wrong traffic lane for stopping.

I pointed out the disability discrimination to a whole population group, that would be done if BPP refuses to take a position on this principle that would be known in advance to apply to any specific case of it that is brought to you. So that cases are not forced to be brought to you with the discretionary possibility of BPP choosing not to uphold the principle even if the facts are found to be as described.

Thank you,

- To which there has been no further answer. You can see that BPP is meticulously evading making any comment at all on the question asked of it. Does a complaint of this particular malpractice by buses have to be upheld automatically if it is established the malpractice happened? BPP is blatantly committing disability discrimination and acting corruptly to the oppression of bus users, by ignoring this question and seeking to hold onto a discretionary power to reject such a complaint.

Let me tell you where this bus malpractice has been happening - it is on an important trunk route. It is on Citylink's M91 stopping service from Edinburgh to Perth, some coaches continuing to Inverness. One of the advertised stops on the more frequently stopping coaches is at the south side of the Forth Bridge, the former tolls, which is still stubbornly being called "tolls" in bus timetables long after the tolls have been abolished. Quite often these coaches just charge past in the central lane of the dual carriageway and ignore this stop. It can happen in both directions, but mostly in the northward direction where the stop is located on an entry sliplane, so that if the coach fails to take an exit from the main carriageway it is then barricaded into the central lanes and can't access the stop.

For a year and a half I have had repeated cause to make complaints to Citylink about this, and the only answer they ever give is a one-off apology for the driver error in forgetting the stop. The first time they said they would remind drivers about it, but this changed nothing. They will never say anything committal specifying how they will force all their staff to observe the stop. Twice I have enquired on behalf of both Elas and our equivalent in Fife, telling them that aspies have no instincts to guess in some cultural way that their service's published details should not be taken literally! and formally asking which coaches they will guarantee for certain will observe the stop, if we should organise some group travel starting at that point. CITYLINK HAS IGNORED AND NEVER ANSWERED THOSE ENQUIRIES. THIS ITSELF IS DISABILITY DISCRIMINATION, THAT THE BPP's ASSISTANCE IS NEEDED TO STOP, YET WE LIVE IN A STATE WHERE THE BPP ITSELF CAN GET AWAY WITH BEING EQUALLY CORRUPT. If you are a visitor in the Year of Homecoming, this is the state of the state here. If you are an aspie as well, and if you are trying to head north of the Forth, you have cause to complain that you are left in unclarity how the hell you are supposed to plan travel in a state where nobody enforces the honouring of published transport services in reality. If you tell Year of Homecoming about this, do you find them committal or noncommittal about caring? - for that will tell you whether it's just a con.

Some other bus malpractices that BPP's attitude also encourages to happen, are these.
* A driver on Stagecoach who drives away from the present diversionary stops in central Edinburgh, with their long queues, before passengers who were well back in the queue can reach him, and visibly laughs about it.
* First refusing to give any committal answer that their buses can be hailed from the wrong side of the road, even when they know this evasion is an offence against road safety because it meant you had to run in front of a very late bus that suddenly appeared in Galashiels' one way system, and which still drove past you anyway,
* or even when you are walking from East Linton to Haddington in the evening because 3 successive of their buses have not turned up, ("mechanical failure!") and then one passes you on the road some way short of Haddington just when it's starting to rain.
* Drivers on First who refuse to believe that the fare you want exists, in First's preposterously muddled zonal system.
* Who insist that a day ticket is just an ordinary return, or
* who take a £20 note from you then refuse to give it back or to sell you anything but the fare they think you should want instead of the fare you do want. NB - I got signed for a free bus pass as a direct result of that experience, actually on grounds of the burden of coping with communication with bus drivers! and this establishes every aspie should get one. But that is no get-out from the need to enforce proper trading standards upon First too, is it? including sacking that driver?

The Green Party, which always insults our intelligence by saying please use public transport and save carbon, never takes any position on any specific transport malpractice. I asked their council candidate in 2007, for a position against First because of the Sunday morning trains that had repeatedly been leaving early from Dalmeny station, that I had twice in 6 weeks seen ruin the travel plan of a mother trying to take 2 small infants to Glasgow visiting family. I got, "If you will forgive me, I can only respond to your general query about public transport and accountability, rather than your ongoing problems with First." DON'T FORGIVE THEM - this is the worst offence that democracy's entire effectiveness is still abused by, it is NONCOMMITTALITY. If the Greens keep this up in the coming Euro election, they are committing a specific minority uncaringness upon the autistic spectrum, because we can't be expected to communicate successfully with corrupt bus or train staff or to observe corrupt unstated principles of how to get by despite them.

Maurice Frank