At 9.45am Judgment was handed down in my case against First Bus Group. It was immediately appealed to the Supreme Court.
Unfortunately for our many supporters, to whom I am truly grateful, it’s us that are doing the appealing.
The Judgment will be available here shortly, as soon as I can get a final copy. In the meantime, you can see our Application for Permission to Appeal to the Supreme Court.
If you’re a wheelchair using passenger, then you can be happy that the decision is already good enough to improve your rights. If your bus company operates an “ask only” practice to clearing the wheelchair space then they will have to change it, or risk being sued for damages.
Lady Justice Arden has set out what she believes would be reasonable adjustments for bus companies to have to make to ensure access for wheelchair users:
The bus company MUST provide training for bus drivers and devise
strategies that drivers can adopt to persuade people to clear the wheelchair space. She even suggests drivers could decline to drive on for a short while.
They should run an awareness campaign to educate passengers of the needs of wheelchair users.
They should put up notices designed to make passengers more aware of the
needs of wheelchair users.
Conduct surveys to find out when people are likely to travel and what
their needs are so that they can do whatever they can to provide an
appropriate number of buses for everyone.
Consider changes to bus design, such as more fold-up seats or a space for folded buggies.
This is great….
BUT, there are two reasons why we’ve got to push on to achieve more.
Firstly, as a matter of fact, Firstbus don’t make those adjustments and provided no evidence to suggest they weren’t reasonable adjustments, so my case should have been upheld instead of overturned.
Secondly, we remain committed to the principle that if it’s fine to have someone thrown off the bus for eating a kebab, or committing a general nuisance, then it’s both practical and legal to enforce the principle that disabled people who can only travel in the space designed and designated for wheelchair users have an absolute right to occupy it over non-disabled people.
Firstbus said that they were appealing the decision for ‘clarity’. Ironically this decision creates a mess. We have a Judge in Leeds telling us that Parliament intended that disabled passengers should have priority, and we have appeal Judges in London saying that only rules specifically made by Parliament can allow bus companies to remove their passengers from the wheelchair space.
If Firstbus are serious about seeking clarity then we invite them to agree that the case should proceed to the Supreme Court for the final say.
I am both disappointed and pleased at the same time. I hope to have this finally sorted in the Supreme Court.
I would like to thank those from Transport for All who have supported me so consistently, the many disabled and non-disabled people who have also offered invaluable support, also my excellent, award-winning lawyers Unity Law and world renowned expert counsel from Cloisters chambers.
Leeds City Council decided to hold Grayson’s tapestry exhibition in Temple Newsam, a venue largely inaccessible to wheelchair users. People protested as a result.
The Council’s Equality Impact Assessment claimed that a primary reason was the unavailability of the venue on the dates set by Grayson’s representatives. Yet correspondence just released shows something different…
From: Douglas, Caroline [mailto:Caroline.Douglas@southbankcentre.co.uk]
Sent: 30 October 2012 12:38
To: Walsh, Nigel
Subject: RE: Grayson tapestries
…
However, if we were to go ahead with the notion of a showing at Temple Newsam, would you be able to say when this would be best fitted in to your programme? Loosely?
From: Douglas, Caroline [mailto:Caroline.Douglas@southbankcentre.co.uk]
Sent: 05 November 2012 14:50
…
Having now had responses from almost everyone about possible dates for showing the tapestries at your venues, I tentatively suggest a tour that looks something like this:
Sunderland end June – end September 2013
Manchester mid October – late November 2013
Qatar December – January 2013/14 (with British Council)
Birmingham mid February – early May 2014
Liverpool late May – late July 2014
Leeds August – October 20
From: Walsh, Nigel
Sent: 06 November 2012 10:39
To: Douglas, Caroline
Subject: RE: Grayson Perry tapestries tour
Hi Caroline
Is there any reason why Leeds (TN) are at the end of the tour?
We can be flexible about dates as it’s a question of accomodating them in a room display/s. In the meantime I’ll run this date past Bobbie who is Keeper there.
Nigel
Nigel Walsh
Curator; Contemporary Art
Leeds Art Gallery
From: Douglas, Caroline [mailto:Caroline.Douglas@southbankcentre.co.uk]
Sent: 06 November 2012 12:30
To: Walsh, Nigel
Subject: RE: Grayson Perry tapestries tour
Hi Nigel
The only reason I’ve sketched you in at that point is because, while you indicated the interest in showing the tapestries at Temple Newsam, you didn’t say when you would be able to programme the show.
And I’m afraid your colleagues at our other Collection Partners did.
So it is clear that:
Leeds City Council chose the venue before even attempting to discuss potential dates with Grayson’s representatives.
Grayson’s representatives asked the Council which date they wanted, but the Council didn’t respond to this question.
Yet the Equality Impact Assessment says:
For the only exhibition slot made available to Leeds, The Art Gallery and City Museum were not available or not able to accommodate the specific space / conservation requirements of the works
Hmmm. I smell a rat. Clearly something doesn’t add up?
Leeds City Council: please investigate this as a complaint. The Equality Impact Assessment is misleading at best.
DPAC have been served with a Cease and Desist letter from a healthcare provider after they published details of how a disabled man in Ireland has been treated. I am reblogging their recent post in support of them.
DPAC has removed our most recent piece on Anthony Kletzander from our website due to a ‘cease and desist’ letter from solicitors representing Nua Healthcare threatening legal action against us for raising awareness of the case. DPAC have published pieces on Anthony and his situation since late 2013. We firmly believe that Anthony’s desire for independent living, instead of institutionalisation should be upheld, as per Article 19 of the UN Convention on the Rights of Persons with Disabilities. We also believe that we have a duty to raise public awareness on Anthony’s experiences.
We will continue to campaign and to support Anthony, his parents: Linda and Sigi and his chosen advocate Joe Whittaker in any way we can. Anthony’s parents Linda and Sigi kindly agreed to an interview from their home in Ireland. We are grateful for their time and honesty.
Interview As you may know supportive web sites and grass root disability groups in the UK and Europe received a solicitors ‘cease and desist’ letter regarding talking about Anthony’s circumstances, we can not talk about that specifically, but as Anthony’s parents and his legal guardians-what are your thoughts on: a) the suggestion of the protection Anthony’s ‘confidentially’ :what has Anthony said to you on this, what is it that he wants to say about his circumstances? And as his parents what is it you would like to say?
Anthony repeatedly asks us to get him out of Nua and that he wants independent living in his own home near to his family. We fully support Anthony and take our lead from Anthony. He wants us to do whatever is necessary to help him to get back to independent living
b) We understand that Anthony’s chosen means of communication has been denied, can you tell us a bit about that?
Despite the fact that Nua were given Speech and Language reports from two Health Service Executive (HSE ) Senior Speech and Language Therapists, Speech and Language report from Central Remedial Clinic Speech Therapist and Marion Stanton communication expert in U.K no staff at Nua are trained up in his communication Marion offered to come to Ireland (in March 2014) to train Nua staff, but Nua did not invite her over in fact Noel Dunne said on the phone that they would get their own experts.
2.Anthony lived in his own flat with his own personal assistants for almost 3 years – why do you think it is proving so difficult for Anthony to exercise his right to independent living by living in a place of his own choosing now?
Having had independent living from 2010-2012 with Cheshire Ireland where Cheshire took a back seat, we recruited Anthony’s staff with Anthony, put together a schedule which Anthony helped in planning and we negotiated with Dublin City University (DCU) and Anthony attended DCU lectures which is something he always wanted to do. In 2013 Anthony service was given over to Áiseanna Tacaíochta Network (ATN) by HSE with no meaningful negotiations with Anthony or us, no explanation was given. Martin Naughton the Director of ATN carried out the negotiations with Geraldine Murphy HSE Disability Manager. Martin then imposed his staff on Anthony, none of which believed in Anthony’s communication and Anthony’s whole quality of life suffered a great deal under the service of ATN. Martin tried to dictate visiting hours for Anthony, restricted his movement. Basically we had to go to Anthony’s home every evening to take Anthony out as he was effectively under virtual house arrest. Martin also applied to the Dept of Social Protection to have Anthony’s personal disability allowance payment paid into the ATN company. Following Martin’s email we contacted the department objecting and it took about a year to sort out the stoppage of Anthony’s payment due to ATN’s actions.
3.What does Anthony say to people fighting the campaign to get him independent living?
Anthony continues to ask us to keep the campaign going. He also appeals to us to ask Nua to stop the forced medication on him. Anthony has know Joe (Whittaker) for about 11 years and always asks us to ask Joe to continue the campaign for him. We always reassure Anthony that Joe and we his parents are continually campaigning and won’t stop until Anthony is released to Independent living. We need to keep repeating this to Anthony to try to help him to survive his time with the Nua institution
4 What efforts have HSE made to discuss Anthony’s wishes for independent living with you and Anthony?
Possibilities Plus offered HSE their service to provide Independent Living. Geraldine Murphy has told them that as far as she is concerned the Nua arrangement is permanent. We continue to write to Sheila Marshall the other Disability Manager involved.
5.Who do you recognise outside the family as closest to Anthony and who has Anthony chosen as an advocate?
Anthony chose Joe Whittaker as his advocate and we keep Anthony informed about the campaign. We Anthony’s parents feel encouraged and very appreciative of Joe’s on going support. We are all grateful that many more people know what is going on and we really appreciate all the support that Anthony is being given by growing numbers of people.
6.Prior to Anthony being institutionalised did Anthony have a history of hospitalisation
No, prior to ATN taking over the management of Anthony service, Anthony was on a strict gluten and dairy free diet. He was not given ANY medication but took natural supplements. When ATN took over Anthony’s service ATN stopped Anthony’s special diet against the advice of the family doctor claiming that they found him to be “often hungry”. This caused Anthony pain and subsequently contributed to his virtual “house arrest”.
7.When did forced medication start for Anthony
Anthony was medication free when he entered Redwood ( a prior institution). However three days after he entered Redwood we got a phone call confirming that Anthony’s crucial special gluten and dairy free diet was not being adhered to by Redwood and that they were giving him medication.
8.Did Anthony have a history of being hospitalised prior to being institutionalised
No. Despite the fact that we gave Redwood Anthony’s GP letter and met with Management when we were told that Anthony was been given medication and that his diet was not adhered to. Anthony was hospitalised by emergency ambulance with seizures for the first time in his life. Tests showed no epilepsy.
9.Did Nua continue with the drugs regime
When Anthony started in Nua he was not drugged according to our information. However in March 2014 Anthony was admitted to hospital by emergency ambulance. Since Anthony started in Nua he has been admitted twice to hospital by emergency ambulance and continues to be medicated.
10.Did Nua give you the list of Anthony’s medication
No despite the fact that we repeatedly asked Nua for the list of Anthony’s medication they refused to give it to us. We finally got the list of medication when our solicitor requested the medication list from HSE when Sheila Marshall, Disability Manager issued the medication to our solicitor so we then had access to this crucial information.
11.How does Anthony spend his weekdays
When Anthony started at Nua we attended a conference explained the significance of training for staff of Anthony’s communication. We also told everyone who attended the meeting from HSE and Nua that Anthony hates farms. He attends the Nua farm daily where we recently witnessed Anthony shovelling manure into a wheelbarrow in a highly distressed state and being told “good boy keep going”. Anthony is a 26 year old man not a “boy”.
12.How did Anthony appear on your recent visit to him on the Nua farm
When we drove into the car park we could hear Anthony’s anguished sounds and rushed to find him. We were shocked to see him shovelling manure into a heaped wheelbarrow. Anthony’s anguished sounds increased significantly whilst bringing the heaped wheelbarrow down the very steep hill to the lower Nua gardens. We emailed Nua voicing our concerns but received a registered letter from Nua yesterday informing us that Anthony has been returned to the farm as of 8 September 2014 so we continue to worry significantly about Anthony’s health and safety in Nua.
13. What would you say to parents/people in a similar situation to that of Anthony?
We would say never give up. Everyone is entitled to be listened to, no one’s basic human rights should be abused. We would encourage people to speak up if they can.
14.What would you and Anthony say to the people supporting Anthony?
Anthony is continually thanking people for their support which he needs to stay strong. Anthony is particularly grateful to his and our friend Joe Whittaker
Video of Anthony typing thank you to supporters
If you can help please contact Anthony’s chosen advocate Joe: whittakerjoe5@gmail.com
Abbreviations
ATN Áiseanna Tacaíochta Network
DCU Dublin City University
DPAC Disabled People against Cuts
HSE Health Service Executive: responsible for the provision of healthcare providing health and personal social services for everyone living in Ireland, with public funds.
