Phase 2 of the consultation process – new National Disability Inclusion Strategy

We need the enactment of 1) Assisted Decision-Making (Capacity) Act 2013 and 2) The Special Educational Needs Act 2004 3) an end to institutionalized Living and 4) real inclusion 5) Direct Payments

Motions

I have had the following motions passed at South Dublin County Council

  1. MEETING OF SOUTH DUBLIN COUNTY COUNCIL Monday, December 08, 2014 MOTION NO. 24 MOTION: Councillor F. Timmons

That South Dublin County Council calls for the enactment of the Assisted Decision Making Bill 2013 in order to fulfill our requirements under Article 12 of the UN Convention of the Rights of Persons with Disabilities – Equal Recognition Before the Law.

REPORT:  the motion passed and the terms of the motion where forwarded to the Minister for Justice and Equality and, when received, a copy of the reply will be circulated to the Members.

  1. MEETING OF SOUTH DUBLIN COUNTY COUNCIL Monday, July 13, 2015 MOTION NO.1 MOTION: Councillor F. Timmons

That SDDC ask that the EPSEN Act 2004 be enacted or updated to meet current needs

REPORT: The motion refers to the Education for Persons with Special Educational Needs Act 2004. If the motion passed and a letter was issued to the Minister for Education & Skills.

  1. MEETING OF SOUTH DUBLIN COUNTY COUNCIL Monday, October 13, 2014 MOTION NO. 25 MOTION: Councillor F. Timmons

That SDCC recognizes that all people with a Disability have a right to full and meaningful participation and active inclusion in an accessible, safe and disability friendly environment. That SDCC will ensure that people with a disability will be a priority when planning and developing the new development plan,

REPORT: It is agreed that all people with a disability have a right to a full and meaningful participation and active inclusion in an accessible, safe and disability friendly environment. The County Development Plan must consider the needs of all persons who live, work in or visit the County, including those with a disability.

  1. MEETING OF CLONDALKIN AREA COMMITTEE Wednesday, November 19, 2014 MOTION NO. 1 MOTION: Councillor F. Timmons

That this Area Committee recognises that all people with a Disability have a right to a full and meaningful participation and active inclusion in an accessible , safe and disability friendly environment. That SDCC will ensure that people with a disability will be a priority when planning and developing the new development plan.

REPORT: It is agreed that all people with a disability have a right to a full and meaningful participation and active inclusion in an accessible, safe and disability friendly environment. The County Development Plan must consider the needs of all persons who live, work in or visit the County, including those with a disability.

  1. MEETING OF SOUTH DUBLIN COUNTY COUNCIL Monday, January 12, 2015 MOTION NO.12 MOTION: Councillor F. Timmons

That following recent revelations about care in homes for people with an Intellectual disability, SDCC calls on the Government to instruct HIQA to carry out un-announced inspections and to ensure HIQA has the necessary powers to conduct investigations (covert or otherwise) into all services dealing with Vulnerable people and introduce legislation establishing a Personal Advocacy Service with statutory powers to ensure respectful, dignified and person-centred/personal-choice led care practices in all disability services.

REPORT: The motion passed and the terms of the motion where forwarded

My speeches on the issues at South Dublin County Council

2) The Assisted Decision-Making (Capacity) Bill.

We voted overwhelmingly recently for a yes Vote for Equality for LGBT in the Civil Marriage Referendum but we still have much inequality in our Great country. People with Disability are among the most disadvantaged and marginalized citizens in our country. The Convention on the Rights of Persons with Disabilities is an international agreement directed at changing attitudes and approaches to persons with disabilities. Ireland was one of the first EU member states to sign the Convention when it was opened for signature on March 30th, 2007.However, almost eight years have passed and persons with disabilities and their families are still waiting for Ireland to make the CRPD a part of Irish law. A big barrier to Ireland ratifying the CRPD is the Lunacy Regulation (Ireland) Act 1871.

The Lunacy Regulation (Ireland) Act 1871 refers to people in such awful terms as ‘idiot’, ‘lunatic’ and ‘unsound mind’ and there are currently over two and a half thousand people in Ireland who are Wards of Court on account of age, intellectual disability, mental illness or brain injury.

The current Government made assurances in the 2011 Programme for Government that there would be movement in this area. However, we now face a race against time to enact the 2013 Assisted Decision-Making (Capacity) Bill before the General Election in 2016. As we approach the eight-year anniversary of Ireland signing the CRPD, we need to repeal the Lunacy Regulation (Ireland) Act 1871 and introduce the Assisted Decision-Making (Capacity) Bill.

People with a disability have being waiting 144 years for equality and there time has come we need to change the Law now. It is vital that as we approach the centenary of 1916 that all our children are treated equally. A nationwide discussion is needed on how we treat people with a disability and a system of direct payments must be introduced so every person has a individual choice over their own lives.

2) The EPSEN act 2004

The EPSEN act 2004 needs to be enacted to protect the right for every child with Special Education needs to access a supported education which promotes integration and inclusion throughout their education.

The EU Charter of right (2010) state article 26 Integration of persons with disabilities: -The union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure independence, social and occupational integration and participation in the life of the community.

We voted overwhelmingly recently for a yes Vote for Equality for LGBT in the Civil Marriage Referendum but we still have much inequality in our Great country. People with Disability are among the most disadvantaged, Vulnerable and marginalized citizens in our country despite a lot of progress in the last 20 years.

The 2014 statistics show that Diagnosis of Children with ASD is 1 in 68.

Lucan Autism Network is a parent to parent support group. They undertook research which they completed in April 15 The report is very detailed and I am just highlighting some parts of it. The research found:

  • Parents are faced with the option of either placing their children outside of their community or forced to settle for the sub optimal setting of mainstream school, home schooled or a non ASD class in a special school setting.
  • Recommended SEN supports are not always available or being provided in the child’s school placement.
  • Insufficient SNA allocation and resource teaching access had a negative impact on children with ASD accessing their education.
  • There is a significant lack of ASD class places available at secondary level in the Lucan area despite a growing need within the primary school level.

The effects of Placement outside of local communities for People with ASD

  • Lengthy travel times – some report up to 3 to 4 Hours a day
  • Sensory impact where children need more breaks dues to long and confined journeys
  • Cost of transport
  • No opportunity to socialise with peers locally
  • Detrimental effects on student mental health and wellbeing
  • Confusion where to send children and delays in staring and accessing schooling

One parent reported having to sit with her child in a resource class for 45 minutes as there was no one available for him at these times. Many parents report long (2 plus years) waiting lists for HSE Therapists or no access at all. These services are vital for the development of children with ASD in supporting them to access education.

There is currently no ASD Early education intervention or pre-school facilities in Lucan.

Parents of Children with ASD attending mainstream pre-schools report a lack on SEN trained teachers, SNAs trained in ASD and therefore inadequate supports.

One parent says ‘’I could not find any Early intervention preschools/Montessori’s etc. for children with ASD when my son was diagnosed, we travel to Blanchardstown for my son to go to Montessori, that takes an hour in the morning’’

In Lucan there is over 25 people looking for 6 places for an ASD Class placements for September 2015.

One local parent says ‘’the amount of schools both primary and secondary in this area, and the fact that very few have ASD units is truly shocking …. Clearly there are insufficient  places at this point my son has had to have several periods of Home tuition to fill ‘Gaps’ due to lack of or inappropriate placement’’

All Schools should embrace and accept the diversity of Children with special education needs whilst safeguarding their constitutional right to an appropriate education. Diversity and difference is not something to be learned, rather it is an innate expectation and element of every part of school life.

Another parent says ‘’A secondary school in Lucan enrolment policy required a child to spend 1st six months in mainstream – my son cants manage an hour in primary school let alone six months .. She feels there is ‘’no secondary school ASD units with sensible policies’’

Our proclamation says that we will cherish all the children of the nation equally .If we are serious about Equality and Inclusion for all let us reach out to our brothers and sister that live with ASD and let them know that society cherishes them as equal citizens and will provide all necessary supports that will enable them live as full lives as possible.

One of the main Barriers is Lack of legislation to protect the rights of children with ASD and SEN.  One of the many recommendation of the Lucan Autism Network was to have the EPSEN act 2004 enacted

3) HIQA

As someone that has worked and supported people in various care settings for nearly 25 years, I felt Horror and disgust as I watched Prime time as once again the Prime time team showed us another example of neglect and miss treatment of vulnerable people in Irish society, this time intellectual disability in Aras Attracta. It is clear that while welcome that HIQA is failing to protect the most vulnerable in our society, we need CCTV , unannounced and undercover investigations into all services working with vulnerable people. It is also clear to me that criminal proceeding must be brought against those that engage in such degrading, disrespectful and abusive behaviour towards vulnerable people. It is very clear that the government has and continues to fail our most vulnerable in Ireland. All the talk about inclusion and integration in society has for many been just talk. We need legislation to be updates immediately and enforced with heavy sanctions for those that don’t comply. I got the following motion passed at the October Clondalkin area committee ‘’ That SDCC recognises that all people with a Disability have a right to full and meaningful participation and active inclusion in an accessible , safe and disability friendly environment. That SDCC will ensure that people with a disability will be a priority when planning and developing the new development plan’’ and for January meeting I got the following motions passed ‘’ That South Dublin County Council calls for the enactment of the Assisted Decision Making Bill 2013 in order to fulfill our requirements under Article 12 of the UN Convention of the Rights of Persons with Disabilities – Equal Recognition Before the Law.’’ And ‘’That following recent revelations about care in homes for people with Intellectual disability , SDCC calls on the Government to instruct HIQA to carry out un-announced and undercover investigations into all service dealing with Vulnerable people and introduced legislation that protects and enforced respectful , Dignified and people first choice led care practices in all services.’’