Warning over disability living allowance shake-up

Ministers must "learn the lessons" of past welfare changes or risk their proposed shake-up of disability support leaving many in poverty, it is claimed.

Plans to replace the disability living allowance (DLA) could lead to 85% of claimants cutting back on basics like food and transport, a charity warned. The Papworth Trust said there was also anxiety over the reassessment process reports the BBC (31/08/11).

The government says DLA is complex, inconsistent and that changes are "overdue", but stresses cash payments will remain.

The coalition is planning to replace the allowance, introduced in 1992 to help disabled people cope with the extra costs they face in their daily lives, with a new benefit called Personal Independence Payment.

Disability Living Allowance is paid to 3.2 million people

Mobility concern

All 3.2 million people receiving DLA at the moment, both those in work and out, will be reassessed.

It is expected mobility allowances for those in care homes and the care component of the allowance paid to 650,000 people will be ended, while most recipients will receive fixed-term rather than indefinite payments in future.

Disability rights campaigners are seeking a judicial review of the proposals, part of the government's welfare reform bill, saying ministers have not properly assessed their negative impact.

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The Papworth Trust said it had spoken to 2,000 people likely to be affected and that eight out of ten believed they would have less to spend on basic items like food, fuel and transport as a result.

Although the government is still consulting on its plans, the charity said the changes risked leaving already vulnerable people "further disadvantaged" - threatening their mobility and peace of mind.

"Disabled people's daily costs are typically 25% higher than those of non-disabled people," its chief executive Adrian Bagg said.

"For example, not all public transport is accessible. This means some people have to use accessible taxis to be able to leave their home, which cost significantly more than non-accessible taxis."

The charity said it accepted that all sections of society were facing cutbacks, but that a 20% reduction in spending on PLP, compared to DLA, would leave very few recipients unaffected.

Campaigners are also urging ministers to take on board problems experienced in their shake-up of incapacity benefit when it comes to assessing people's eligibility for the new benefit.

'Keeping pace'

Fitness-for work tests for those on incapacity benefit - known as the work capability assessment - have been heavily criticised for failing to differentiate between those with different conditions, and for not preparing claimants for the ordeal.

Mr Bagg said DLA claimants - particularly those with mental health problems - were "particularly anxious" about the reassessment process and how it would be conducted.

"We urge the government to learn the lessons of the work capability assessment and ensure that if they make this change, the assessment will be fair and the implications clearly explained."

Ministers say DLA has essentially remained the same for 20 years and has failed to "keep pace" with the ever-growing role played by disabled people in society and their rising aspirations.

While remaining a non means-tested cash payment, ministers say PLP will be simpler to apply for and administer and focused on helping fulfil people's desire to live independent lives.

Responding to a public consultation earlier this year, Minister for Disabled People Maria Miller said change was "long overdue" and PLP would be a "truly personalised benefit that evolves over time".

The government says spending on DLA has risen by 30% in the past eight years and, even after the changes, projected spending in 2015-2016 would be equivalent to levels in 2009-2010.

Deaf Back President Banda in Zambia

THE Zambia National Association of the Deaf (ZNAD) has said they would support President Rupiah Banda and the MMD in the September 20 elections because the ruling party was the only party so far that had embraced persons with disability reports The Times of Zambia (31/08/11).

ZNAD executive director James Kapembwa said in a statement yesterday that they had decided to rally behind President Banda because he had demonstrated commitment towards persons with disabilities.

Mr Kapembwa was speaking when Lusaka province MMD chairperson William Banda paid a courtesy call on him at his office in Kanyama constituency. He said President Banda had demonstrated commitment to improving the welfare of the disabled. 


Mr Kapembwa said in May 2010, President Banda again demonstrated his commitment towards the disabled by visiting the School of the deaf and a community church in Matero Township where he pledged K30 million towards the construction of the same.
He said further the government of President Banda also accepted the request to be patron of ZNAD besides ratifying the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2010. "As we are in 2011 election year, we are part and parcel of the campaign of endorsing Mr Rupiah Bwezani Banda for another term in office," he said.

Mr Banda observed that Kanyama Constituency had lagged behind in terms of development over the years because residents had been making a mistake of voting for opposition Members of Parliament and councilors. He advised the MMD aspiring candidates in Kanyama not to abandon persons with disabilities once voted into office. 


Mr Kapembwa said ZNAD has 2, 000 registered members and that returns from the 26 membership branches indicate that there are an average of 120 members per district. "Secondly, we want the MMD Government to include us in all national developmental issues like the electoral process and fulltime employment of sign language interpreters on the national television network for equal access to information," Mr Kapembwa said. Mr Banda assured the association members that he was going to organize a meeting with President Banda as he was a leader for all Zambians.

Britain's first club night for the deaf to open at the O2

Vibrating floors, sign language rappers and aroma jockeys, a UK first for Deaf people reports Hugo Gye, Daily Mail (30/08/11)

A 'multi-sensory' club night designed to be accessible to deaf people is coming to London.
The high-tech disco night, Sencity, uses a variety of features to help those unable to hear appreciate the music played.
It features a vibrating dance floor which responds to the music's bass frequency, video jockeys, and 'aroma jockeys' who spread scent in an attempt to interpret the music through smell.

Club: Sencity uses visuals and sensations to interpret music for deaf people

There will also be sign dancers who visually interpret the music, and Signmark, a deaf Finnish rapper who was the first deaf person to be signed by a major record label.

Free masseurs, hair stylists, make-up artists and even circus performers will also be on offer at the event.
Sencity London 2011 - which takes place at the IndigO2 at the O2 arena on Saturday October 8 - is aimed at both deaf and hearing music and dance lovers.

Venue: The event will be held in the old Millennium Dome on October 8

'It is all about using all your senses - hearing, feel, sight, smell and taste,' said Nienke van der Peet, director of organisers Skyway Programs.

'Sencity London 2011 is a special and unique event that will bring together deaf and hearing-impaired people, as well as hearing people, to a place to simply have fun.'
The night, the first of its kind in the UK, is expected to attract around 1,500 people. It is supported by the British Council's Youth in Action Programme.
Sencity began in 2003 in the Netherlands and has also been held in Belgium, Finland, Spain, Mexico, Jamaica, South Africa and Australia, where more than 10,000 people have attended the events.

Read more: http://www.dailymail.co.uk/news/article-2031437/Vibrating-floors-sign-language-rappers-aroma-jockeys-Britains-club-night-deaf-open-O2.html#ixzz1WVGtnb4r

Cuts leave deaf children without vital help

PROFOUNDLY deaf Lucas Stubbs does well at school because he is able to understand his teachers reorts Mark Ellis, The Mirror (25/08/11)

But that could be about to change if a council slashing its spending due to ConDem cuts ends funding for experts who help him and about 200 other deaf kids.
Lucas, five, has been seeing a deafness specialist for two hours a week who helps prepare him for classes.

His dad Adam, 32, an engineer, said: “This specialist support is vital in ensuring that Lucas can reach his true potential.”
Stoke-on-Trent City Council, which must cut spending by £35.6million, today faces a High Court battle with disability campaigners who claim the cuts are discriminatory and have been “rushed through”.

Adam and Rebecca Stubbs of Stoke on 

Trent with their five year-old son Lucas

They will leave deaf children in Lucas’s area with just three specialist teachers after Thursday, down from eight.
Jo Campion, a director at the National Deaf Children’s Society, said: “We’ve been forced into taking legal action.”
Adam, who lives with Lucas and wife Becky in Bradley, Staffs, added: “We don’t see why Lucas should suffer just because he is deaf. This is not fair.”

Read more: http://www.mirror.co.uk/news/top-stories/2011/08/25/cuts-leave-deaf-children-without-vital-help-115875-23369238/#ixzz1W2PeU7xo

Bike trek triumph for deaf teenager Chris MacDonald

A Deaf teenager from York has cycled more than 1,300 miles to raise money for a local charity, reports Dan Bean, York Press, (22/08/11)

Chris MacDonald, 18, has been a member of Lollipop, a charity for deaf and hearing-impaired youngsters, for the last seven years.
He set out on August 1 from Aberdeen, with a final destination of York, via St Ives, Cornwall.
Chris, who has been profoundly deaf since the age of three, has raised just over £1,665 for the charity.
Chris said: “There are too many hills in Scotland – we had to push quite a bit.
“It was a bit difficult at first. We decided to go on a two-lane motorway, which wasn’t nice, and the weather made it very – very hard.”
Chris set off on the journey with school friend Lucas Wetherill, who sadly had to pull out of the challenge on doctor’s orders after contracting severe tonsillitis four days in. Lucas said: “I was very disappointed not to be able to carry on. I’m pleased that I still managed to raise money to donate towards such a fantastic charity, and I was pleased that Chris managed to do so well and arrive back safely.”
Chris said: “I had been doing a lot of training, so it was a bit quicker by myself, but a bit lonely.
“The best part of the journey was near Exeter on the A377, which was absolutely wonderful – round the mountain, but there are no hills, just nice curving roads and you can see for miles.”
The pair were hoping to raise £1,000, and said they were shocked by how much had come in.
“It’s just gone up like a rocket,” said Chris.
Andrea Gitsham, of Lollipop, said: “This is the largest amount that anyone has raised for Lollipop in a single sponsored challenge since we launched.
“It’s a fantastic achievement and we are very proud of Chris. He is an inspiration to us all. His sheer determination to complete the journey in the shortest time has amazed us all.”

Pardon? Did you say Viagra can make you deaf?

From food allergies to tick bites, the unexpected threats to your hearing. Charlotte Dovey, Daily Mail reports (23/08/11)

We all know that some things can affect our hearing — working in a noisy environment, for instance, or diseases such as mumps and measles.
But recently, a lesser-known risk has surfaced; passive smokers have been found to be twice as likely as other people to suffer from hearing loss.

It's thought Viagra or similar drugs, which increase blood 

flow to certain tissues in the body may have a similar effect 

on tissue in the ear

Sensorineural hearing loss, which usually occurs with age, is caused by damage to the sensory cells of the cochlea, the snail-shaped hearing organ of the ear that is responsible for converting the mechanical vibration of sound into electrical signals, which go on to be detected by the brain.
Passive smoking is thought to affect our hearing in a number of ways.
Nicotine and carbon monoxide from cigarettes can deplete oxygen supply to the ear. Nicotine also impairs the messages sent by neurotransmitters in the hearing nerve.

‘The ear is an extremely delicate organ and far more susceptible to damage than you might think,’ says David McAlpine, professor of auditory neuroscience and director of the University College London Ear Institute.
So what other unusual factors could also cause temporary or permanent hearing loss? We asked the experts...

VIAGRA

In an American study of more than 11,000 men who were more than 40 years old, those who took Viagra or a similar drug were twice as likely to report hearing loss as those who had not used the drug.
It’s thought these drugs, which increase blood flow to certain tissues in the body may have a similar effect on tissue in the ear, potentially causing damage that leads to permanent hearing loss, says Professor Gerald
McGwin, of the University of Alabama at Birmingham School of Public Health.

STROKE

Generally caused when a blood clot obstructs blood supply to the brain, strokes can lead to paralysis, communication problems — and even problems with swallowing.
But if the stroke occurs in the front temporal lobe in the brain — the bit under your forehead (which deals with perception, hearing and memory), it can also cause hearing loss because the blood supply to the delicate inner ear is stopped, says Professor McAlpine.
Interestingly, sudden hearing loss could also be a warning sign of increased stroke risk.
Taiwanese researchers found that patients who suffered sudden significant hearing loss — developing rapidly within 72 hours — were one-and-a-half times more likely to have a stroke in the five subsequent years afterwards.
It’s thought the blood supply issues which caused the hearing loss could point to similar problems happening elsewhere.

DYSLEXIA

Most people think of dyslexia as a problem with reading, but a study published recently in the journal Science suggests it may also affect the brain’s ability to process sound.
Researchers at the Massachusetts Institute of Technology found people with dyslexia have trouble recognising voices and matching them with the right faces.
Experts think this could explain why dyslexics can mix words up — rather than being a problem with understanding the meaning of words, it’s related to problems recognising the sounds of speech.

CHEMOTHERAPY

Platinum-based chemo drugs, such as cisplatin — used to treat testicular, ovarian and bladder cancers — can also cause hearing loss as a side-effect.
An Oregon Health and Science University study found that 61 per cent of 67 patients being treated with platinum-based chemotherapy suffered hearing loss — with average onset being 135 days after treatment.
‘The drugs damage the tiny cells in the inner ear that vibrate in response to sound waves,’ says Professor McAlpine.
‘This can lead to progressive, irreversible hearing loss, so cancer and ear specialists often work together monitoring hearing and changing drugs if necessary.’

FOOD ALLERGIES

Food allergies commonly trigger rashes, but can also affect your hearing. In a study carried out at Georgetown University School of Medicine, 78 per cent of those suffering from otitis media (or ‘glue ear’) suffered from a food allergy.
‘Glue ear is particularly common in children,’ says George Murty, consultant ear, nose and throat specialist at University Hospital Leicester.
‘Normally, the space behind the eardrum — which allows the transmission of sound, is filled with air, but with an allergic reaction, where the immune system goes haywire, it can fill up with fluid.
‘When the allergy eases, the fluid generally drains out, but this doesn’t drain particularly well in children. Antibiotics or a small operation are sufficient to ease the problem.’

TICK BITES

Tick bites can spread Lyme Disease, an increasingly common infection more likely to occur in spring and early summer.
Early symptoms include a rash, flu-like symptoms and joint pain.
It is diagnosed with a blood test, however if the condition is untreated, within a week or so chronic symptoms such as hearing loss, headaches, muscle pain and dizziness can occur. It’s thought the hearing loss occurs as a result of the bacterial infection damaging the sensitive inner ear.
‘Treated with antibiotics, the hearing problems are reversible — there should be an improvement within a few weeks,’ says Mr Murty.

ANTIBIOTICS

A type of antibiotics known as aminoglycosides — used to treat severe infections such as tuberculosis or septicaemia — can strip out hair cells in the inner ear, causing permanent hearing problems says Professor McAlpine.
A study at the Institute of Child Health, London, found some patients may have a genetic mutation making them even more prone to suffer hearing loss after taking these antibiotics.
About one in 40,000 people in the UK have this mutation, which causes around five per cent of deafness in children in the UK.
Families carrying this mutation, may develop some degree of deafness later in life.

SHINGLES

This painful condition — caused by the herpes varicella zoster virus — is an infection of the nerve and the area of skin around it.
‘Although the chest is most commonly affected, sometimes it affects the nerves in the head — including the hearing nerves — a condition known as Ramsay-Hunt Syndrome,’ says Mr Murty.
Along with hearing loss this can lead to paralysis of the face (Bell’s Palsy), dizziness and vertigo.
It’s important to start the treatment as soon as possible. Even a delay of only a few days in starting treatment could result in hearing loss, affecting around one in 20 people who have the condition.

MALARIA DRUGS

Everyone knows the importance of taking anti-malarial drugs, but one type in particular — quinine — has a rare but unpleasant side-effect. Given to hundreds of thousands of people each year, quinine can also cause hearing loss.
Although it’s rare and caused by an extreme reaction to the drug, it can go on to damage the sensory hairs on the cochlea, disrupting the electrical impulses to the brain, which normally enable us to hear, says Mr Murty.

DIABETES

Hearing loss linked to diabetes is more common you might think.
‘Just as diabetes can damage the nerves and blood vessels throughout the body — it may also occur in the ear,’ says Professor McAlpine.
More complications include foot ulcers and heart disease and retinopathy, where blood vessels in the retina of the eye become blocked.
Visit deafnessresearch.org.uk

Read more: http://www.dailymail.co.uk/health/article-2029001/Pardon-Did-say-Viagra-make-deaf.html#ixzz1VqJ7NtjO

'I want to serve my country': Deaf man locked in ongoing battle to join the Army

 

A deaf man is fighting to be allowed to serve his country by join the Army. Hannah Roberts, Daily Mail reports  (22/08/11).

Keith Nolan, a 29-year-old teacher, is determined to achieve his lifetime dream of working in military intelligence. After a decade of applying repeatedly, Keith Nolan was finally accepted into the Army's Reserve Officers Training Corps' (ROTC) program, after a commander agreed to let him sit in on the classes.

Keith Nolan was rejected from an ROTC program countless

times because he is deaf

Nolan became a top performer in the program at California State University, and his instructors were so impressed they let him wear a uniform. But military policy requires cadets to pass a hearing test to be commissioned by the Army.

Nolan was distraught when he had to say goodbye to the other cadets when the course ended in May, Fox News reported. He said in sign language: 'All I really want to do is join the Army.' 'I want to do my duty, serve my country and experience that camaraderie, and I can't, owed to the fact that I'm deaf.'
He added 'I am convinced that there is a non-combat position that I can do in the military without harming our armed forces' effectiveness and readiness.'

Nolan uses sign language to talk to his interpreter

Capt. Sid Mendoza, a supervisor on the training program, said "Nolan was one of the top performing cadets. With the help of a deaf interpreter, Nolan excelled, showing up at 5 a.m. exercises even though he was not required to and earning a perfect score in his military sciences class".

Nolan, who was born deaf to deaf parents, has wanted to join the Army ever since he learned of the experiences of his grandfather and great uncles who fought in WWII.



His father, Kevin Nolan, successfully won a city council seat against a 20-year incumbent and taught his son to rise above his disability. Congresman Rep. Henry A. Waxman is working to help the driven young man. Nolan wants Waxman to sponsor a bill allowing deaf people into the armed forces.
More than 2,000 people have responded in support of Nolan's Facebook page, 'Commission Cadet Nolan Now.'

Read more: http://www.dailymail.co.uk/news/article-2028701/Deaf-teacher-Keith-Nolan-locked-ongoing-battle-join-Army.html#ixzz1VkiIY1Xv

Winning start for England deaf golf team captain Martin Anderson

MARTIN Anderson has made a winning start to his stint as captain of the England deaf golf team reports the York Press (21/08/11)

The Pocklington golfer, who plays off three, led his side to an inaugural Four Nations Cup win at the Castleknock Golf and Country Club in Ireland earlier this month.
Anderson, a member at Allerthorpe Park GC, skippered his team to 93 points – a ten-point victory over Scotland, with Ireland and Wales third and fourth respectively.
The competition was played with a twist to the matchplay format. Each hole was worth one point with all 18 holes played. Anderson was paired throughout the event with Michael Roberts, off six, and they won all three of their matches.

The team’s success also saw Anderson’s men take the England v Scotland Bi-Annual Cup and left the skipper delighted with the performance of the side.
“I have been thoroughly proud of all my players and I just would not have been able to win the Four Nations Cup without their excellent playing skills throughout the whole three rounds.” The next Four Nations Cup will be held at Vale of Glamorgan GC in 2013. Next up for Anderson is to present three wild cards to players who will make up the rest of his team at the 2012 World Deaf Golf Championships at Tsu GC in Japan.

He added: “I hope to take eight men and four seniors across to Japan. I am still looking for sponsorships so if there is a company that would like to sponsor the team, please get in touch through manderson22@hotmail.co.uk.”
Anderson is also grateful to Pocklington-based company brandtivity, who embroidered the England team shirts worn by the players.

Signs look good for the town’s deaf youngsters

A CLUB for Oldham’s young deaf people is going from strength to strength two years after its formation reports Marina Berry (03/08/11)

 

HELPING HAND: Anjum Raza (left) with 

members and volunteers of the Oldham 

Deaf Diverse Community group.

The people behind it are now urging more to join. Anjum Raza, known as Raz, and his wife, Bharti, who is profoundly deaf, were long-term regulars at Oldham Deaf Club, a social club in Park Road.

“It’s great for a talk and a drink,” said Raz, “but we thought it would be good if there was a second club for young people who wanted to do the kind of activities which take place in youth clubs.”

Raz (36) and Bharti (38) drafted in a friend, Waheed Chohan (29), and together they set about forming Oldham Deaf Diverse Community.

It meets fortnightly on Saturdays behind the Lyceum, Union Street, Oldham, and is a storming success.

Raz explained: “We wanted to form a social club for young deaf people and their families so they could interact in positive activities both socially and educationally.

“People came just to see what we were offering, and never stopped coming.

“Young deaf people in Oldham don’t have a lot to do, and we wanted to have a club where they could come and do whatever they like.

“Being deaf doesn’t stop people doing anything they want to, and we want people to come along and try us out to see if they like us.”

Raz added: “We do so many things it’s hard to list them all.

“We go on trips, give people the opportunity to try new experiences both in and out of Oldham, and we run workshops on everything from developing job skills to crafts.

“We are now planning our first three-day residential outing in October,”

The organisation, finalists in the Chronicle’s Pride in Oldham awards in 2009, is run purely by volunteers who give up their time to make sure it works.

They also work to raise deaf awareness, and run a “sign circle,” where people can learn basic sign language, visit schools and youth clubs to teach sign language, and give tips to anyone on how to communicate with a deaf person.

Raz said: “There are on average at least 50 people join us every fortnight, and 80 per cent of those are deaf.

“Others who come include siblings, parents, and people who work in schools and colleges and want to learn more about communicating with deaf people.”

Keen to get the message out that there is somewhere for deaf people to go to have fun, Raz added: “It’s a fantastic club, just come and try us.”

For information contact Raz on 0797 3236171 or pop in to the club on Saturday, August 27 (4-8pm).

Deaf charity to take legal action against council cuts

The BBC reports on the NDCS fight to protect services (18/08/11)

 

The authority has halved the number of specialist 

teachers, the National Deaf Children's Society said

A deaf children's charity has said it is taking legal action against Stoke-on-Trent City Council for "reckless" cuts to support services.

The National Deaf Children's Society said the authority has halved the number of specialist teachers.
It claimed if further cuts went ahead three specialists would be left to cover more than 200 children.
The council said it would be inappropriate to comment on impending legal action.
The legal action calls on Stoke-on-Trent City Council to reverse its decision to cut educational support for deaf children.
Four of eight posts for specialist teachers of the deaf in the city have been cut over the past two years.
Another teaching post will be removed in September due to restructuring.
The charity said the council was in breach of the law on at least two fronts - by failing to properly assess the impact the cuts would have on deaf children and by bringing in changes that risk putting deaf children at a greater disadvantage.
'Utterly reckless' Suzanne Pitchford, mum of seven-year-old Sam, who is deaf, said: "The council is just not listening, so this is the only way forward now.
"Sam isn't getting any support at school at all because of the cuts. They are not taking the needs of deaf children to heart and by taking away this support they are jeopardising our children's futures."
The charity's deputy director of campaigns, Jo Campion, said: "The council has been utterly reckless in its decision to cut support that deaf children in Stoke-on-Trent need to achieve at school.
"They have rushed these cuts through with no regard for the impact on the future of these deaf children and have left parents to rely on rumour to find out what exactly has been going on."
Teachers of the deaf provide support and advice for parents, help deaf children learn communication and language skills before they go to school and work with children and their classroom teachers throughout their education.

Run, Deaf Boy, Run! at Edinburgh Fringe Festival

Steve Bennett reviewed Run, Deaf Boy, Run! on 15/08/11
Running a marathon is not the most immediately promising of subjects for a stand-up show. All those training hours spent pounding the streets alone is hardly conducive to the funnies, and blisters, dehydration and aching muscles are not exactly high on the list of comedy illnesses. So it’s testament to Steve Day’s warmth and good humour that Run Deaf Boy Run is such a hugely entertaining, cheerfully uplifting treat of a show. Day is profoundly deaf, not that that’s a huge obstacle to running, sweaty hearing aids aside. More of a problem was that he was an out-of-shape 47-year-old who lived on late-night Ginsters and was a total stranger to exercise. He only decided to do the race because of a misplace macho over-reaction to his doctor telling him to do a bit of mild exertion now and again. But gradually he built up the distances, from a breathless few hundred metres until he was nearly race-ready… and that’s when he injured himself. It’s almost as if he realised any good story is going to need a second-act setback. The running, though, is only part of the story. Day also confesses to human weaknesses both universal – getting into inexorable situations because of procrastination and fear of embarrassment – and unique to him – cheating at a sign language exam. Some of these emerge naturally from the narrative, but even those not directly related to the marathon are woven in seamlessly. Day’s superb at letting the story unfold, with no fuss, just engaging likeability, occasionally flashing a price turn of phrase, such as his description of an overnight National Express coach trip to get to the marathon in time. ‘What a nice man,’ one punter was heard saying on leaving the show, and that’s perfectly true. The show probably doesn’t bear much more analysis than that, but it is nonetheless a thoroughly absorbing, feelgood hour.
Run, Deaf Boy, Run! is at Edinburgh Fringe Festival 17 - 28/08/11 13:10 - 14:10 Stand 2 16 North St Andrew Street Edinburgh EH2 1HJ UK

The lawyers trying to give deaf people a hearing

Ten million people have a hearing problem but legal aid cuts will make woeful provision of legal services worse, finds Neil Rose (Guardian 11/08/11).

The legal system is not geared to handle the need of deaf people. Photograph: Christian Sinibaldi
You don't have to look very far to find stories about deaf people who have been let down by lawyers and the legal system. There's Funmi, a deaf Nigerian who has lived in the UK since 1987 but whose solicitor did not make her citizenship application correctly; David, a self-employed man whose solicitor did not fight his corner over benefits he was entitled to for being wholly reliant on his hearing mother to communicate with clients; and John, whose union solicitor did a bad job of his disability discrimination case against a well-known financial institution. All of these people eventually turned to RAD Legal Services, part of the Royal Association for Deaf People and the country's only dedicated legal resource for the deaf. Why are there not more, especially because – with nearly 10 million people suffering some sort of hearing problem – it is potentially a huge market to serve? Its head, solicitor Rob Wilks, is not certain. "It could be because deafness is a 'hidden' disability," he says. There are small signs of this changing. Blackburn law firm Joseph Frasier will next week launch a campaign to provide legal services for deaf people under the headline: "Representing your right to be heard." Claiming to be the first private law firm dedicated to deaf and hard of hearing people, founder Saimina Virmani says it is the culmination of 18 months of preparation; the campaign was inspired by deaf staff working in the building where the firm is situated (which belongs to the East Lancashire Deaf Society) and by her experience of acting for a deaf client. She has also come across "terrible" stories of solicitors denying deaf people access to interpreters and simply not understanding the different ways they need to communicate with deaf people, such as in the way they write letters. The firm's fee-earners, none of whom are deaf, are being taught British Sign Language (BSL) and it is adapting its communication channels. "The last few months have been a journey for us and we have loved learning about deaf culture," Virmani says. "The deaf community is very tightly knit and although we see people who are deaf as being on the outside of our world, the tables have now completely turned and we are on the outside. As legal professionals we are trained to use the power of our advocacy and voice but in working with deaf/hard of hearing clients, this has essentially been taken away from us." The legal system, it appears, is simply not geared to the needs of deaf people – Rob Wilks says deaf people who use BSL as a first language often have poor literacy levels (the average reading age for deaf school leavers is 8-9 years). "This means that they cannot understand information leaflets and correspondence, or access telephone helplines using a textphone," he says. A report in 2009 by the Equality and Human Rights Commission found that the advice system of CABs, law societies, union sources and private firms of solicitors "are often still inaccessible to profoundly deaf customers" though the Disability Discrimination Act has been on the statute books since 1995. Now the Equality Act 2010, it requires service providers to make adjustments to ensure that a disabled person can use a service as close as it is reasonably possible to the standard usually offered to non-disabled people. This is not happening across the legal system, both in most law firms and in the courts. Part of the problem, Wilks says, is the "chronic shortage" of interpreters, but it is just plain neglect as well. One of Virmani's projects has been to build a network of law firms (now numbering nearly 50) around the country that have committed to become deaf-aware and will be able to help deaf people in their area if face-to-face help is required. The association began an advice service in 2000, transforming into RAD Legal Services in July 2007, when Wilks, who has been deaf since birth, qualified as a solicitor and the £500,000 Big Lottery Fund deaf minority advice project commenced. Over the past four years, RAD has handled nearly 1,500 cases, with employment, welfare benefits, discrimination and housing the most in-demand areas of law. It has a contract (until March 2012) from the Equality and Human Rights Commission to provide discrimination advice to deaf and hard of hearing people throughout England, Wales and Scotland. Plans for the first deaf law centre are also well underway. And there is further hope that the legal needs of deaf people will be understood. The legal services consumer panel has confirmed that the first of a series of studies into how specific groups of consumers (particularly disadvantaged ones) experience legal services will be in partnership with Action on Hearing Loss (formerly RNID). Emma Harrison, a member of the panel and head of public engagement at Action on Hearing Loss, says the study has come out of work the charity has been doing to improve access to the courts and hopes to highlight the pockets of best practice that exist in the legal profession. But the prospect of the legal aid cuts could worsen the situation for the deaf community, Wilks says. Aside from simply not being able to afford legal advice, law firms or other legal advice providers that have legal aid franchises will no longer be able to rely on legal aid to claim the costs of interpreters as a disbursement. "This means the number of providers willing to provide legal advice to deaf people is likely to decline." Given the low base from which this is starting, it is a woeful prospect.

Deaf man complains nudists would not provide interpreter

A deaf man has accused a nudist park in upstate New York of violating federal law by refusing to provide him with a sign-language interpreter at an annual festival reports Daniel Wiessner, Tue Aug 9, 2011, HUDSON, New York (Reuters).

Tom Willard, 53, of Rochester, filed a complaint with the U.S. Justice Department claiming Empire Haven Nudist Park violated the Americans with Disabilities Act (ADA) by refusing his requests for an interpreter.
"I am fed up with being turned away every time I try to do something, by idiots who somehow feel the ADA does not apply to them," Willard wrote in the complaint.
The ADA law requires businesses and nonprofit groups to provide auxiliary aids and services, including interpreters, at no additional cost to users. First-time violations can lead to fines of up to $55,000.
Willard told Reuters that in 2009 he approached a board member of the Naturist Society, which organized the festival, who told him he could hire his own interpreter. But he said the board member denied his request that he and the interpreter attend the event for free.
The six-day event costs $45 overall, plus an additional $17 for each day a person attends.
Willard filed his federal complaint on July 19.
On August 2, the festival's opening day, the Naturist Society offered to get an interpreter but said it would need three days notice to do so, Willard said.
Willard said he wanted to raise awareness of groups that ignore the ADA. He said he was also filing a complaint against a local comedy club that refused to provide an interpreter.
"I hate that I have to go through these experiences and subject myself to ridicule and derision, but the alternative is to stay home and never try to do anything in the world," Willard said.
Michael Schwartz, director of Syracuse University College of Law's disability rights clinic, said businesses often ignore their responsibilities under the ADA because it can be cheaper not to comply.
"Because of the cost (of interpreters), many places choose to say 'no,'" he said. "They are making a calculated choice that they'll get away with it."
A spokeswoman for Empire Haven, which is in the Finger Lakes region of New York state, was not available for comment, and Morley Schloss, the Naturist Society board member contacted by Willard, did not respond to several requests for comment.

Not all deaf people want to be 'fixed'

Cochlear implants work for many deaf people, but the surgery involves big changes – those who reject it should not be judged writes Charlie Swinbourne, Friday 5 August 2011

'The audiologist issued a warning about continuing to learn sign language.' Photograph: Turbo/zefa/Corbis

As a deaf person, there's a few standard things you expect to happen during an audiology appointment. These include: having your hearing checked and your ears piped with warm plasticine to make new ear moulds for your hearing aids (I've always secretly loved this bit), and being gently chided for not cleaning your ear moulds more regularly (I'm a lifetime offender).

Yet you may also come into contact with people who despite their job – treating deaf people – are not incredibly deaf aware. I've never met an audiologist who knows sign language, and have winced as I've watched some of them repeatedly call out patient's names with a slightly annoyed look on their face, as if they've forgotten that said patients (often sitting quietly reading an old copy of Reader's Digest) might not be able to hear them. What you wouldn't expect is for that lack of deaf awareness to go another extreme, and to have to endure your audiologist denigrating the deaf community you belong to because you have politely declined their offer of a cochlear implant. Yet this happened recently to deaf actress Emily Howlett. Howlett had been offered an implant before, and said no. But on this occasion, the audiologist refused to back down, telling her that she needed the operation, incredibly, "to prevent her falling into deaf society". This came after Howlett told her audiologist that in the last year – after acting a number of deaf short films – she has made deaf friends and started learning sign language, discovering the deaf community. As Howlett told me: "My identity is a deaf person now. I didn't go to deaf school, and I didn't grow up with deaf peers, but I'm deaf now and it's me. I'm not sure I want to change that." The audiologist responded by calling in a number of colleagues to help persuade her. Howlett said: "I told them that it was upsetting for them to sit there basically calling deaf people broken and disillusioned." The audiologist then issued a warning about continuing to learn sign language: "She said I would end up alienating all my hearing family and friends. My voice will go, and my lip-reading skills will decline. Meanwhile, my signing will never be as good as [deaf people] who grow up with it." The total lack of professionalism aside, what makes Howlett's experience more puzzling is that it's unclear how much benefit she would get from cochlear implants, because her deafness isn't due to a condition in her ears, but rather due to the way her brain processes the information her ears receive. "When I asked what benefit I'd get from cochlear implants," Howlett said, "the audiologist said she couldn't say for sure. I'd maybe end up with no improvement, or it might improve my tinnitus, or it might make it worse. Or I might be able to hear, although she admitted it'd never be good enough to hear speech properly." Despite this, the audiologist then said: "Don't let the deaf influence your decision. Make the right one.'" At this point, Howlett walked out. This is not an argument against cochlear implants. More and more deaf people now have them, and they have become more accepted in the deaf community (here is a fantastic blog charting the jump from hearing aids to cochlear implants). Several deaf people I know recently decided to have one fitted. The first, a father of two (who still uses sign language as well as speech to communicate), had an implant so he could hear his children if they cried, and also hopes in time to be able to use the phone again. The other loves music, and had implants after losing the little hearing he had left. Both weighed it up carefully and happily and feel they benefited from their decision, but that doesn't mean it should be assumed that they are the default option for every deaf person. There's no way of knowing exactly how you'll adapt to a new way of being able to hear. The 2007 documentary Hear and Now followed an American filmmaker's deaf parents as they had cochlear implants after a lifetime of deafness. The film showed how the couple had wildly contrasting responses, with the father embracing the implants, while the mother was deeply unsettled by sounds she had never heard before. On a less dramatic level, some deaf people I know have struggled to adjust to using digital hearing aids after wearing analogue hearing aids all their lives – which they've also complained that audiologists do not understand. While for many there is a positive outcome, implants are not an easy fix and they involve a massive change in deaf people's lives. There is an operation, recovery time, then a period of adjustment in which people learn to make sense of the sounds they're hearing, sometimes for the first time in their lives, sometimes after years of not being able to hear. Deciding whether or not to undergo surgery is a personal choice, and deaf people should not be judged for the decision they make.