International Disability Law Clinic press release
Many disabled people are unable – because of their impairment – to make a written record of what is said during a Social Security Tribunal hearing. It is often vital that they have access to a record of what has been said during their hearing.
In response to a Freedom of Information Request made by the International Disability Law Clinic at the School of Law, Leeds University, the Ministry of Justice have confirmed that (on the 30th November – copy attached):
- That there are no Social Security and Child Support Tribunal venues in London with recording equipment.
- That of the 161 hearing centres in England, Wales and Scotland only 91 (56 per cent) have recording equipment. Of the three nations England comes out worst with only 52 per cent of its venue having equipment (63 out of 120) compared to Scotland (68 per cent 15 of its 22 venues) and Wales (68% 13 of its 19 venues).
- That the cost of installing a recording device (and additional hardware) is only about £1,000 per venue and that the annual cost after installation is approximately £15.00.
- That the Ministry has not undertaken any Disability Impact Assessment as to the implications of not providing such equipment for disabled people.
A spokesperson for the International Disability Law Clinic commented:
This failure puts disabled people who are unable to keep a written note of their hearing at a serious disadvantage. In such cases:
- they will have the stress and (potentially considerable) expense of travelling to a more distant venue; or
- they will have to purchase their own equipment (capable of providing two simultaneous hard copies – ie CD ROMs), endeavour to get permission from the Tribunal Judge and then provide one copy of the recording to the Tribunal at the end of the hearing; or
- they will have to forgo the right to be present at their hearing – which is a right of fundamental importance.
The failure to provide recording equipment would appear to be in breach of the Equality Act 2010, the European Convention on Human Rights Article 6 (right to a fair hearing) and the UN Convention on the Rights of Persons with Disabilities Article 13 (access to justice).
On any measure this disability discrimination lacking any objective justification.
ENDS
Editor’s note
The International Disability Law Clinic at the School of Law, Leeds University is researching the extent to which the UK’s social security system complies with its domestic and international obligations to disabled people. It is shortly to publish a research report concerning the legality of the delay in implementing the Government’s undertaking to record Personal Independence Payment medical assessments.
For further information contact:
Ashleigh James (Coordinator Recording Project, International Disability Law Clinic) on lw16asj@leeds.ac.uk and "Stacey Hallett lw17sh@leeds.ac.uk