We want to say a big thank-you to all of you who have given … · 2020. 7. 8. · 1 We want to say...
Transcript of We want to say a big thank-you to all of you who have given … · 2020. 7. 8. · 1 We want to say...
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We want to say a big thank-you to all of you who have
given money to support the court case.
We also want to thank all if you for sharing the court case with
your friends and everyone you know through networks.
We are not actively asking for any more money for the court
case.
Any money that has not been spent on the
court case will be used to support other
disability rights cases.
Why we are going to court?
Our legal team have sent a letter to the
following 5 organisations that collect
information about peoples’ deaths warning
them that we will be taking them to court.
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The organisations are NHS England, the
Secretary of State for Health and Social
Care, NHS Digital, UK Statistics Authority
and the Care Quality Commission. You
can still read about the court case (web-
link to easy read version)
At the start of the court case there has been no information
about the numbers of people with learning difficulties and
autism dying from covid-19.
We now have some information about people
with learning difficulties and autism died from
covid-19 from all the defendants.
The collected information people with learning
difficulties and autism is poor for the following
reasons:
• Not collected all at the same time.
• Not always updated correctly.
• No agreement on when a person should or should not be
recorded dying form covid-19.
• People with autism without learning difficulties are not
always included in the figures.
What we thought about the letters replied from the
defendants
All the defendants thought we should be happy
with whatever information we got from them to
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do with the deaths of people with learning difficulties and
autism.
All the defendants except CQC had nothing more to say about
breaking the law.
CQC could not collect more or better information
of people with learning difficulties and autism
dying from covid-19. Easy read information about
deaths of people with learning difficulties is on the
website.
The defendants are asking us:
To wait and see what information they are going to
publish about the deaths of people with learning
difficulties / autism from covid-19.
Where does this leave us?
The claimants view about the Government and
NHSE reply is
We have no confidence in poor information turning into
good and useful information if it’s badly collected and
recorded in the first place.
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Our second letter sets out why all the defendants are
still breaking the law and what information we still
need.
The deadline for defendants’ replies is 15th
June.
We will let you know what are next steps are.
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What has happened since 8th
June 2020?
The NHSE, NHS Digital, Secretary of State for Health
and Social Care, Public Health England and UK
Statistics Authority (all the defendants) have not given
us any new information about people with learning
difficulties and autism dying from covid-19.
Our legal team have written again to all the
defendants. We are asking them again for all the
information we want about the deaths of people with
learning difficulties and autism.
NHSE information includes
NHS funded learning disability and autism
and hospital service users with learning
difficulties had been test for or death
certificate saying covid-19.
What is the problem with NHSE information about deaths
from covid-19?
Collected information about people with learning
difficulties/autism died in hospitals.
It seems that the NHSE information will not include many
community services users with learning difficulties/autism.
Unclear if the reporting is required by law.
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The poor recording of people with autism means that some
people with autism may not be counted for.
The daily and weekly information does not include the person’s
health conditions, age, local area and NHS Trust.
LEDER information includes
People with learning difficulties and autism
died from covid-19 in hospital and other
community care settings.
What is the problem with LEDER information about deaths
from covid-19?
There is no law making LEDER collect information about
everyone with learning difficulties and autism died
from covid-19
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Assuring Transformation Collection and Mental Health
Services Data Set information includes
Psychiatric hospital in-patients with
learning difficulties / autism died in these
settings.
All the information provided has a poor
recording of someone with autism.
What is the problem with AT and MHSDS information about
deaths from covid-19?
The information provided is not the same from both
organisations.
Information does not say whether the inpatients died
from covid-19.
CQC (published by ONS and UKSA)
information includes
Deaths of people with learning difficulties or
autism in registered case services such as
hospitals, care homes and home care
providers.
The only one who is being helpful and
provided easy read information of the CQC’s
information about the deaths of people with
learning difficulties. .
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What is the problem with CQC’s information about deaths
from covid-19?
CQC deaths reporting form ask whether the dead
person has learning difficulties. The CQC form
does not ask if the dead person has autism.
The CQC said the problem is that the law needed to be
changed so that all service providers must tell the
CQC if someone with learning difficulties / autism
have died from anything that includes covid-19.
Public Health England (PHE) information
includes
Weekly reports of people who have died from
covid-19 without their gender, age and
ethnicity are collected.
What is the problem with PHE’s information about deaths
from covid-19?
No numbers of people with learning difficulties / autism
died from covid-19.
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We still think that the defendants are discriminating
against people with learning difficulties and
autism
NHSE must try and reduce inequality, the unfairness
that some groups of people face in accessing health
care services and to the outcomes achieved.
NHSE collects and examine information about the safety
of health services.
Secretary of State for Health and Social Care and
Public Health England must take such steps
needed to protect the public from disease or other
dangers to health. This can include doing
research and providing information and advice.
The CQC (published by ONS/UKSA) has the
power to ask service providers for information
about people with learning difficulties and autism
who have died from covid-19 as a way of checking
health, safety, and welfare of health and social
care services.
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We still think that the defendants are breaking disability
law for the following reasons:
1) Reasonable
It would be reasonable for Defendants to
collect information about people with
learning difficulties and autism deaths if
many of them are dying earlier than
everyone else from illnesses including
covid-19.
Disability Discrimination
The defendants are not allowed to treat disabled
people unfairly, in a discrimination manner.
The defendants have reported that some groups of
people who have died from convid-19.
The defendant’s failure to report on disabled people
dying from covid-19 is discrimination.
Disabled people have a human right to be treated
equally under the ECHR Article 14.
1) Public Sector Equality Duty
The defendants have a duty to reduce inequality
between disabled people and non-disabled
people. The Government have not thought about
this when deciding to not report on the people
with learning difficulties and autism deaths from
covid-19.
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None of the defendants other than CQC have provided an
equality impact assessment to say how they have considered
disability equality issues in make decisions about collecting
information about people with learning difficulties / autism died
from covid-19.
What the defendants must do if they do not
want to go to court?
The NHS law says that the NHSE must collect
information about the health and safety of people
using NHS services. The information should be
used to understand why some groups of people get
better services and protection from disease and
other dangers.
All information collected must be same. For
example everyone with learning difficulties / autism
has been tested for covid-19 or had a certificate
saying they died from covid-19.
We want a report about people with learning difficulties and
autism deaths from covid-19 in Hospitals, Care Homes,
Supported Living and living with their families or within
their own homes.
We are asking for the report to be made in easy read and
other formats for people with learning difficulties and
autism as set out in NHSE ‘Accessible information
standard’.
By Simone Aspis (Changing Perspectives)
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