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IMNI evidence to the Women and Equalities Committee’s Inquiry into the Unequal Impact of COVID19: Disability and Access to Services

Read the Independent Mechanism for Northern Ireland evidence to the Women and Equalities Committee’s Inquiry into the Unequal Impact of COVID19: Disability and Access to Services.

About IMNI: The Equality Commission for Northern Ireland (ECNI) and the Northern Ireland Human Rights Commission (NIHRC) jointly perform the role, under Article 33(2) of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), of ‘Independent Mechanism’ in Northern Ireland (IMNI) to promote, protect and monitor the implementation the Convention in Northern Ireland (NI).

• 2.5 IMNI recommends that the NI Executive introduces legislation that strengthens, simplifies and harmonises equality law within a single Equality Act for Northern Ireland or in the absence of a single Equality Act, amends the Disability Discrimination Act 1995 as amended to address identified deficiencies.
• 2.9 IMNI highlights the current and continuing applicability of the Section 75 equality duties, and their importance as a mechanism to identify and mitigate any adverse impacts of policies being developed, including at a time of crisis.
• 2.12 IMNI recommends that the emergency legislation is in place for no longer than absolutely necessary to address the COVID-19 pandemic and the contained powers are only utilised when it is necessary and proportionate to do so. IMNI further advises that, where possible to do so, further restrictions affecting persons with disabilities are eased. However, steps must be taken to ensure disabled people are provided with the support and protections necessary to ensure their safety and overcome their concerns as the UK eases the COVID-19 protections it had in place for those most at risk.
• 2.17 IMNI recommends that comprehensive disaggregated data, including disability, that accurately reflects the spread and impact of COVID-19 across the UK, including NI, is developed immediately and is kept under constant review. The gathering and publication of such data should be standardised and comparable across the UK.
• 2.21 IMNI recommends that the UK Government establishes a disability forum that effectively involves disabled people and their representative organisations across the UK, including Northern Ireland. A Regional Disability Forum in Northern Ireland, committed to in the 2016 Draft Programme for Government, should also be established without further delay.
• 2.22 IMNI highlights that a UK forum could also include or work with a Northern Ireland Regional Disability Forum. Such fora 5 could play an important role in shaping policy and practice in respect of COVID-19 and disability.
• 2.26 IMNI advises the UK Government that the prevalence and impact of digital exclusion should be considered as COVID19 response measures are developed. Specific consideration should be given to areas that are experiencing particular digital exclusion, such as in Northern Ireland. Steps must also be taken to ensure that digital services are affordable. Further, effective education and training programmes need to be developed, implemented and adequately funded to ensure that persons with disabilities can avail of digital technologies.
• 3.5 IMNI recommends that the UK Government ensures that all public health information and medical correspondence is promptly accessible for persons with disabilities, who have an equal right to access to information. This includes, but is not limited to, considering the need to provide British and Irish sign language interpretation at public Government briefings and ensuring all Government letters are available in a range of accessible formats and promptly delivered to the individuals affected.
• 4.5 IMNI recommends the ongoing need for food parcels, including for people with disabilities, is comprehensively monitored and, where need is evident, schemes, including that in Northern Ireland, are extended for as long as required. Such schemes should provide food that is in line with expert advice on nutrition.
• 4.6 IMNI recommends that provision is made to ensure that children in Northern Ireland, including those with disabilities, have access to sufficient food across the year as a whole, for example, via the extension of free school meals and other measures.
• 5.6 IMNI highlights that triage protocols must be based on individual medical needs and the best scientific evidence.
• 5.7 IMNI recommends that the UK Government embeds the six guiding principles on COVID-19 and disability into its 6 guidance and that this approach is adopted by the devolved Departments of Health.
• 5.10 IMNI recommends that sufficient Personal Protective Equipment is made immediately available to all care workers and carers in health and social settings. This equipment should adequately fit the particular individual to ensure satisfactory protection and enable communication with the individual being cared for.
• 5.12 IMNI recommends that when reconfiguring services and redirecting resources full account is taken of the impact on other vulnerable patients and groups and that full cognisance is taken of the need to ensure the highest attainable standard of health for all is pursued. This includes ensuring care arrangements are subject to constant review.
• 5.14 IMNI recommends that visiting options available to relatives of patients and residents within all health and social care settings are kept under constant review, with reasonable visits facilitated where possible.
• 5.17 IMNI recommends that post COVID-19, online health services remain an option for persons with disabilities, but that non-online alternatives are also widely available for people that find such online services inaccessible. Any alternative provision must also be accessible (e.g. automated telephone services).
• 6.2 IMNI recommends that the respective Department of Health in each jurisdiction is required to monitor and evaluate the reports it is provided on how changes to mental health legislation is being used and the impact that it is having on individuals affected within each jurisdiction, including Northern Ireland. These evaluations should be used as a basis for reassessing whether the temporary changes need to be amended to address any detrimental impacts.
• 6.4 IMNI recommends that comprehensive Mental Health Strategies are in place and being effectively implemented across the UK, including Northern Ireland.
• 6.7 IMNI recommends that individuals affected by any changes to health and social care services, including mental health services, are informed in a way that is clear and accessible to individuals and their families.
• 6.8 IMNI recommends that specialised support should also be provided to assist individuals affected to process this information and that they are provided with clear and accessible communications on what the contingency plan is, how to access temporary services and any according updates.
• 6.9 IMNI recommends that processes should be in place for individuals to appeal decisions or make requests for enhanced support when such changes are having a detrimental effect on the affected individual’s mental health, particularly individuals that rely on routine and are caused distress when their routine is disrupted.
• 6.13 IMNI recommends that any measures introduced to move the UK out of lockdown are accessible for all, and do not lead to, or exacerbate isolation. Enhancing or maintaining accessibility should be a requirement of any changes.
• 6.14 IMNI recommends that solutions should be developed through directly engaging with disabled people and their representative organisations to ensure that proposed responses take account of relevant expertise and experience.
• 7.4 IMNI recommends that priority COVID-19 testing for all care homes, including residents and staff, is promptly implemented and maintained long-term.
• 7.5 IMNI recommends that sufficient, effective and accessible Personal Protective Equipment is provided in all care homes for all staff, residents and visitors.
• 7.6 IMNI recommends that data collection for COVID-19 related infections and deaths in care homes continues, including in Northern Ireland. Such data should be disaggregated, including by disability.
• 7.7 IMNI recommends that necessary steps are taken to ensure the sector is adequately funded and fit for purpose to deal with the ongoing issue of COVID-19 and any future pandemic.
• 7.8 IMNI recommends that steps are taken to identify and promptly address any key factors which contributed to the high numbers of COVID-19 deaths within care homes. Findings from any rapid assessments (including any undertaken by the Department of Health’s Rapid Learning Initiative Group) should be supplemented, in due course, with comprehensive reviews and formal recommendations to ensure any failings that led to the significant number of COVID-19 related deaths linked to care homes do not happen again.
• 7.12 IMNI advises that an independent regulator, that can support and inspect health and social care services, is essential across all parts of the UK. Steps should be taken to ensure this provision in Northern Ireland.
• 7.15 IMNI recommends that social care services that were cancelled by the provider or client due to COVID-19 should be promptly reinstated, including domiciliary care.
• 7.16 IMNI recommends that accessible and effective Personal Protective Equipment should be provided and properly used in the provision of such services.
• 8.6 IMNI recommends that action is taken to: urgently address the wider statementing issues for children with Special Educational Needs including deficit of places and significant delays; mitigate the negative impact on children of the closure of preschool settings caused by the COVID-19 outbreak, including for those with disabilities; identify and mitigate potential negative equality impacts arising from reduced access to formally taught education; address any negative equality impacts arising from the shift to homebased learning or any subsequent move to ‘blended’ learning; identify and address any effects of COVID-19 that poverty or socio-economic status may have on the emergence or exacerbation of educational inequalities.
• 9.2 IMNI recommends that measures are developed to improve the identification and reporting of abuse and that support services are reviewed for their accessibility. Moreover, the extent of domestic violence and abuse against disabled persons in NI should be identified through research and data collection.
• 9.8 IMNI recommends that effective measures are developed to ensure persons with disabilities can meet increased financial needs during and after the COVID-19 crisis. In particular, IMNI recommends that social protection payments are increased to meet any additional needs and costs of carers or people with disabilities during and after the COVID-19 period. This should include retaining the additional payments made through Universal Credit or other support.
• 9.9 IMNI recommends that the Department for Communities ensures that the Video Relay Service is available in the context of all social security benefits.
• 9.13 IMNI recommends that a comprehensive strategy and effective action plan is developed to support disabled people to secure and maintain training and employment following labour market disruption due to COVID-19.
• 9.14 IMNI recommends that clarification is provided on future funding arrangements for disability employment projects that are currently delivered through European Social Fund.
• 9.15 IMNI recommends that clear and accessible Government issued guidance is issued to all employers setting out their duties in respect to workers returning to work, including taking into account any reasonable adjustments that are required.
• 9.18 IMNI recommends that restoring the economy and raising revenue, given the increase in public expenditure due to COVID-19 should be done in a way that does not penalise individuals in particular equality categories, those on low income or already disadvantaged.
• 9.19 IMNI recommends that any social distancing measures introduced by retailers in line with Government guidance are developed through effective engagement with disabled people and their representative organisations to ensure accessibility.