On the Need for an Inclusive Response to COVID-19
In response to the rapid spread of coronavirus (COVID-19) in the United Kingdom, on 23 March the government announced the beginning of a sweeping “lockdown”[1] period during which comprehensive restrictions on the freedom of movement of individuals in the UK would be legally enforceable. The imposition of this lockdown was the latest in a series of escalating measures proposed by the government in order to curb the transmission of COVID-19. These included the mass closure of schools for all children (except those of “key workers”), restaurants, and other leisure facilities.[2]
Despite appearing draconian, in practice these measures largely mirror the restrictions that had been imposed at an earlier date by governments in Italy, France, and Spain to halt the spread of COVID-19. From the outset, it ought to be stated that it is not the aim of this article to query the necessity of these measures. Instead, this article aims to present a non-exhaustive examination of the response of the UK government to the current COVID-19 crisis, with specific reference to people living with disabilities, and, in so doing, to advance the case for an inclusive and nuanced response to the spread of COVID-19.
A statistical and legal overview
The World Health Organisation currently estimates that there are over one billion people living with disabilities globally.[3] Furthermore, according to the charity ‘Scope,’ responses to the UK government’s most recent family resources survey in 2016/17 indicate that there are an estimated 13.9 million people living with mental, physical, or sensory disabilities in the UK.[4]
In addition to the rights and protections guaranteed in domestic legislation, such as the Human Rights Act 1998 and the Equality Act 2010, the UK is also a signatory to the UN Convention on the Rights of Persons with Disabilities. Article 11 of this Convention provides that signatory states should take all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, “including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.”
It is against this background that the measures introduced by the UK government on 23 March should be understood. In particular, the author believes that there is a need for the government to ensure that its response to COVID-19 is attenuated to the needs of a diverse population, including those of individuals living with disabilities.
Social-distancing and the “lockdown”
In the author’s view there is a risk that the current lockdown, and the concomitant social-distancing measures imposed on 23 March, may disproportionately impact people living with disabilities. This is because these individuals, many of whom already experience a degree of social isolation, may increasingly find themselves further isolated or suffering from disruptions in the provision of vital care and support services. In this respect, the government’s detailed guidance—which designates staff who provide healthcare and social care services to be “key workers” exempt from the lockdown—and its announcement of a £5 billion COVID-19 response fund—designed not only to alleviate pressures on the NHS, but also to “support local authorities to manage pressures”[5] on the provision of social care—are most welcome. Both measures will naturally help to mitigate disruptions to the continuity of service provision for people living with disabilities.
Nonetheless, as COVID-19 continues to spread throughout the UK, it is inevitable that an ever-greater number of health and social care workers may progressively start to self-isolate. As such, it is vital that the government continues to review both the availability of funds and its guidance, in order to ensure that care workers and family members can actively continue to support people living with disabilities.
In addition, while it is understandable that the government’s principal concern has been to ensure the continued provision of health and social care services, it is equally important to note that many people living with disabilities require additional non-medical support, such as relying on care workers or family members for the delivery of food, transport, or medication. Accordingly, it is, in the author’s view, essential that the government adopts a holistic approach and ensures that the wider daily needs of people living with disabilities are protected during the lockdown.
Addressing concerns about temporary changes to legislation and resource allocation
The promulgation of the Coronavirus Act 2020 (the “2020 Act”) has sparked much coverage in the media relating to its amendment of certain provisions of the Mental Capacity Act 2005. However, the author would like to draw the reader’s attention to the arguable observation that the 2020 Act also weakens the provision of support services to individuals living with disabilities. For example, Schedule 12 of the 2020 Act loosens certain of the standards and duties for social care imposed by the Care Act 2014 (the “2014 Act”). This can be observed in paragraph 11(a), which provides that local authorities in England are no longer required to comply with any duties relating to the preparation of care and support plans that previously existed under section 24 of the 2014 Act.
The government’s published guidance, which accompanied the draft 2020 Act, explained that the statute would aim to “enable local authorities to prioritise the services they offer in order to ensure the most urgent and serious care needs are met, even if this means not meeting everyone’s assessed needs in full or delaying some assessments.”[6] It must be acknowledged that the provisions of the 2020 Act are time-limited and will lapse after two years. Nonetheless, it is the author’s view that, while it is understandable that resources and services may have to be diverted to ensure the effective suppression of COVID-19, such measures should be strictly proportionate and should not result in the haphazard diminution in the provision of vital care and support services to individuals living with disabilities.
Ensuring equality of access to information
Finally, as the situation surrounding COVID-19 continues to evolve at an unprecedented pace, it is incumbent upon the government to disseminate user-friendly and readily-accessible information. While many people in the UK have adjusted to the new reality under lockdown—which includes daily briefings given by the Prime Minister or Secretary of State for Health and Social Care, supplemented by the periodic publication of an assortment of guidelines by both the government and the NHS—people living with disabilities may be unable to access this information. This may be for a variety of reasons, such as the existence of a sensory or learning-related disability. In this regard, the work of Public Health England in publishing online, easy-to-read guidance on COVID-19 is a step in the right direction.
However, it is imperative to understand that social ostracism and media-accessibility concerns also present a significant barrier to the dissemination of information to people living with disabilities. A 2013 report by Ofcom concerning the ownership of communications devices by consumers found that individuals living with disabilities in the UK are more likely to live alone and have markedly poorer access to the internet when compared to those without disabilities—specifically, only 55% of those living with disabilities had access to the internet as compared to 83% of those without disabilities.[7] As such, the publication and dissemination of information relating to COVID-19, and the government’s current guidelines and measures to combat its transmission via alternative formats (such as Braille and direct mail), ought to be prioritised so as to ensure equality of access to any relevant information.
Conclusion
In many ways, given the unprecedented nature and speed of the COVID-19 outbreak, the response of UK authorities ought to be lauded. However, it is the author’s view that a more inclusive and nuanced approach is required to ensure that the varied needs of individuals living with disabilities are not marginalised in the fight against COVID-19. The author’s view is that the most effective manner to achieve this would be ensure that the needs of individuals with disabilities are factored into all policy and legislative decisions.
It is the author’s view that a more inclusive and nuanced approach is required in the UK in order to ensure that the varied needs of individuals living with disabilities are not marginalised in the fight against COVID-19. Image source: Angela Weiss/AFP
In the author’s view there is a risk that the current lockdown, and the concomitant social-distancing measures imposed on 23 March, may disproportionately impact people living with disabilities. Image source: James Ross/AAP
It is important to note that many people living with disabilities require additional non-medical support, such as relying on care workers or family members for the delivery of food, transport, or medication. Image source: CNN
The publication and dissemination of information relating to COVID-19, and the government’s current guidelines and measures to combat its transmission via alternative formats (such as Braille and direct mail), ought to be prioritised so as to ensure equality of access to any relevant information. Image Source: nature
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Sources Cited
[1] Chris Smyth and others, ‘Coronavirus: Britain in lockdown’ (The Times, 17 March 2020) <https://www.thetimes.co.uk/article/coronavirus-britain-in-lockdown-t3hs9663c> accessed 25 March 2020.
[2] Katie Dickinson, ‘The full list of “key workers” and “vulnerable children” exempt from UK school closures’ (ChronicleLive, 19 March 2020) <https://www.chroniclelive.co.uk/news/north-east-news/full-list-key-workers-vulnerable-17947082> accessed 23 March 2020.
[3] ‘New world report shows more than 1 billion people with disabilities face substantial barriers in their daily lives’ (World Health Organization, 9 June 2011) <https://www.who.int/mediacentre/news/releases/2011/disabilities_20110609/en/> accessed 23 March 2020.
[4] Department for Work and Pensions, Family Resources Survey 2016/17 (22 March 2018) 7.
[5] Charlotte Carter, ‘Budget: £5bn for coronavirus will help social care but government criticised for lack of sector funding’ (CommunityCare, 11 March 2020) <https://www.communitycare.co.uk/2020/03/11/budget-5bn-coronavirus-includes-support-social-care-government-criticised-lack-action-sector-funding/> accessed 24 March 2020.
[6] Department of Health and Social Care, Guidance: What the Coronavirus Bill Will Do (26 March 2020) <https://www.gov.uk/government/publications/coronavirus-bill-what-it-will-do/what-the-coronavirus-bill-will-do> accessed 26 March 2020.
[7] ‘Younger disabled people enjoying the benefits of being online’ (Ofcom, 25 September 2013) <https://www.ofcom.org.uk/about-ofcom/latest/media/media-releases/2013/younger-disabled-people-enjoying-the-benefits-of-being-online> accessed 24 March 2020.