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Category: Human Rights

Disability UK Editor Stonewalled By DWP

November 13, 2023 / Disabled Entrepreneur -Disability UK
Stonewall
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Disclaimer this article uses trigger words that some readers may find uncomfortable.

DISABILITY DISCRIMINATION – DATA BREACH – EMOTIONAL DISTRESS

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01/12/23 Update

After successfully logging my complaint on the 16th of November 2023 over the phone, I was told to wait 15 days to get a response. I have cognitive impairment and sometimes forget, so I phoned Monday 25th November 2023, and was told to wait 4 more days.

Four days came and went, I did not receive anything so phoned them again. This time I was put on hold for 50 minutes before being put through to a case manager, a lovely gentleman with a Liverpool accent (R) who made me feel at ease and was empathetic. This was a refreshing change from some of the gatekeepers I have dealt with in the past. We talked for an hour and ten minutes and I managed to say nearly everything in this article, however, I was told it was out of his hands and that my complaint had been passed to another team and I simply had to wait for them to get in touch.

I asked how long I should wait even though I found a citation that I quoted was 18 months which the agent was not aware of.

THE AGENT WAS SURPRISED WHEN I SAID IT MAY TAKE 18 MONTHS FOR A COMPLAINT TO BE RESOLVED!

I do not open my mouth unless I have substantial evidence to back my claims.

I am not going to wait 18 months to get my complaint heard.

I was also told that the complaint I made, about the assessor should have been logged with the agency (Capita) and not with DWP, even though Capita told me they could not do anything and that I had to contact DWP.

DWP told me today to go back to Capita.

Today is my 8th phone call.

I was told that the emails on the GOV websites should have been updated two years ago as they stopped using (.gsi) in their emails, hence why emails have been bouncing. I have published the emails that work towards the end of this article.

Do they need a website designer as I am willing to take on the job?

This whole scenario is exhausting and I pity people who have not got a voice or a platform to vent. To think I am trying to help people get back to work to avoid sanctions and this is how DWP thank me.

I was told I should send another email with my attachment seeing I now have permission to email. This has purposely been done to make people give up, but I love a challenge. I am now going full-on Rambo, and I am NOT going to be accepting apologies or their £50 gestures of goodwill.

I WANT TO SEE JUSTICE AND A CHANGE IN THE SYSTEM!

EMOTIONAL DISTRESS – DISABILITY DISCRIMINATION – DATA BREACH

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USEFUL RESOURCES

13/11/23 Disability UK Editor Stonewalled By The DWP (Timeline)

I am being stonewalled by the DWP. Regardless if I mentioned that stonewalling can impact someone’s mental health, they do not care and will purposely avoid dealing with the issue in the hope you will give up and go away. Unlike most people, I fight for my rights and do not give up easily. https://disabledentrepreneur.uk/the-impact-on-stonewalling-patients/ I have in total emailed 30 times, and phoned 6 times each call taking about an hour including waiting time getting through, trying to register a complaint.

Complaint: ‘How I Have Been Treated’.

My formal complaint:

  1. Disability Discrimination: (DWP) assumed that because I have mental health conditions, I am deemed to be able to do things of an abled body person, which is a contradiction as I suffer from OCD -germ contamination). My medical records were never accessed as the assessor was asking for dates of when I was diagnosed, she also did not know what one of the medications was and asked me to clarify. I believe I have been subject to discrimination based on my disability. Despite my entitlement to reasonable accommodations, I have faced consistent challenges in accessing services and support that are essential for my well-being. This treatment has left me feeling marginalized and disadvantaged due to my disability, which is not in line with the principles of equality and non-discrimination.
  2. Breach of the DWP’s Code of Conduct: (Trigger Questions – Questions about Suicidal Thoughts. The DWP’s Code of Conduct outlines the expected standards of behavior and service provision for its staff. I have experienced an incident where a PIP assessor on behalf of the DWP has acted in a manner that does not adhere to these standards. This includes a lack of empathy, respect, and professionalism when dealing with my specific needs and concerns. I was subjected to immense distress answering questions that were making me feel uncomfortable. I repeated serval times that the line of questioning was making me distressed, but the assessor persisted stating she was unaware the questions were a trigger and that she had to ask the questions. (A professional psychologist would ask on a scale of 1-10 how you are feeling and if have you ever felt low, NOT: (have you ever thought of self-harming or ever tried to commit suicide).
  3. Data Breach: I recently became aware of a data breach involving my personal information within the DWP. This breach has raised serious concerns about the security and confidentiality of my sensitive data, which has been mishandled, potentially exposing me to identity theft and other risks. (Lost Report sent by 2nd class Royal Mail on 12/10/23 not received– Someone has my personal information, I have also asked for a copy to be sent via email which the DWP has refused to do. This is very concerning. ​Data Protection Laws**: The mishandling of my personal data not only constitutes a data breach but also raises concerns about the DWP’s compliance with data protection laws. The failure to protect my sensitive information infringes on my right to privacy and data security, which is protected under the General Data Protection Regulation (GDPR). The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 govern the processing of personal data in the UK and the EU (If the assessor recorded the call without telling me and then went on the share the recording with DWP, she would have breached data protection laws. She would also have to release the call recording if requested by law, which I have done, multiple times, yet DWP claims to not know of a phone recording). I have just received the report that has very sensitive information and mentions this website in the report I requested this report 4 times so that means 3 copies have gone astray and God knows who has read this report and the damage to my reputation. Furthermore, the report is incorrect as the assessor lied in the report. (I have addressed this in my addendum letter).
  4. Emotional Distress: The cumulative impact of the aforementioned issues has resulted in significant emotional distress. The discrimination, lack of support, and the data breach have taken a toll on my mental well-being, causing anxiety, stress, and emotional suffering. (Emotional distress caused by discrimination, humiliation, and data breach has had a significant impact on my mental health and well-being. I am now struggling with my mental health and find it hard to do any work (my business has now been affected because I am struggling to work), my mental health has deteriorated as I now have intrusive thoughts and paranoia, my OCD has shot through the roof). Where I was making progress with my mental health DWP successfully damaged my wellbeing.
  5. Request For Correction – Information rights complaint: I am concerned that my personal information was not handled properly. I understand that before reporting my complaint to the Information Commissioner’s Office (ICO) I should give you the chance to deal with it. If, when I receive a response, I would still like to report my complaint to the ICO, I will give them a copy of it to consider. You can find guidance on your obligations under information rights legislation on the ICO’s website (www.ico.org.uk) as well as information on their regulatory powers and the action they can take.

1. Disability Discrimination

For obvious reasons, I am not going to go into too much detail about this, however, DWP has assumed I can do things of an abled-bodied person even though I have OCD. https://disabledentrepreneur.uk/can-you-get-pip-if-you-have-ocd/

Not once in the conversation with the assessor did she ask how I manage my OCD or the length of time it takes me to do things.

I have written a letter that I have attempted to send to DWP and no one wants to pass it on ( Can you hear alarm bells).

2. Breach Of the DWP Code Of Conduct

The assessor failed to comply with the code of conduct relating to how the assessor did the assessment. I addressed my concerns in the letter that no one wants to pass on. I have the name of someone in DWP and will liaise with this individual by sending the link to this article. He already has the body content of the addendum letter dated 06/11/23 and he claims he could not open the PDF attachments because the system had flagged them. Worst-case scenario I will redact my address off all the letters from my doctor and the solicitor’s letter including sensitive data and post them here. Even the letters I have from my GP and Solicitor are not as sensitive as the content of the report. I do not hide the fact I have OCD and would not be the owner of www.ocd.cymru or www.germawareness.co.uk if I did not have a vested interest.

3. Data Breach (This Is Serious)

To date (cited 13/11/23), I have not had a response to my complaint from the DWP which is being passed from pillar to post (no pun intended), and the blame game of excuses and no concern for the seriousness of my complaint, stating “Royal Mail Have Had Delays“.

Data Breach Seriousness

The point is my sensitive data was sent in 2nd class post against ICO.org.uk guidelines, which I requested 4 times since the 23rd of October 2023 even though my assessment was on the 11th of September 2023, and according to DWP the first report was sent out 12/10/23 but did not arrive. Regardless if the reports were sent out or not it is the content of the report that is alarming to read and some of it is incorrect hence I have requested corrections but I am being stonewalled.

DWP Envelope Of Report
Evidence of DWP Envelope -Crumpled After Salvaging It.

I aim to take my complaint further and am sick to the back teeth of writing regurgitated information, hence have decided to write this in this post for everyone to read.

According to ICO.org.uk Risk-assessing data breaches

Recital 87 of the UK GDPR says that when a security incident takes place, you should quickly establish whether a personal data breach has occurred and, if so, promptly take steps to address it, including telling the ICO if required. DWP has a laid-back attitude it is only me so it does not matter. But what about the rest of the population whose reports have gone astray (Ironically, The DWP has a responsibility under the DPA 1998 not to lose your documents, yet they send 2nd class mail knowing the content has sensitive data).

“A personal data breach may, if not addressed in an appropriate and timely manner, result in physical, material or non-material damage to natural persons such as loss of control over their personal data or limitation of their rights, discrimination, identity theft or fraud, financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of confidentiality of personal data protected by professional secrecy or any other significant economic or social disadvantage to the natural person concerned.

Personal data breaches: a guide | ICO

This means that a breach can have a range of adverse effects on individuals, which include emotional distress, and physical and material damage. Some personal data breaches will not lead to risks beyond possible inconvenience to those who need the data to do their job. Other breaches can significantly affect individuals whose personal data has been compromised. You need to assess this case by case, looking at all relevant factors. Make a complaint | ICO

This is a breach of confidence, misuse of private information, breach of duty under the Data Protection Act 1998, and breach of the Human Rights Act 1998.

Data Protection Act 2018:

The DPA 2018 complements the GDPR in the UK and provides additional details and specifications for data protection. It includes provisions specific to the UK context and outlines the powers and functions of the Information Commissioner’s Office (ICO), which is the independent regulatory authority responsible for enforcing data protection laws.

  • Year Enacted: 2018
  • Key Provisions:
    • Outlines the framework for data protection in the UK.
    • Implements GDPR standards into UK law.
  • Website: Data Protection Act 2018

Human Rights Act 1998:

  • Year Enacted: 1998
  • Key Provisions:
    • Incorporates the European Convention on Human Rights into UK law.
  • Website: Human Rights Act 1998

Microsoft Word – FINAL Data Protection Report.doc (parliament.uk)

Data Breach Sensitive Data (Read)

4. Emotional Distress

The amount of emotional distress this has caused me and my mental health to deteriorate is inconceivable. It therefore does not surprise me in the slightest that 82 people have taken their own lives because of the way DWP treated them.

I am worried about my data and who has got it and the lack of concern by the DWP. I could potentially have identity theft as there is enough information in this report to clone me.

The emotional distress this has caused me is inconceivable. (I am NOT feeling suicidal much to the disappointment of DWP). I am way stronger than this, but can you imagine people of the weaker mind and what this does to their mental health?

82 People Have Died Because Of DWP/PIP

5. Request For Correction

The details in the report are incorrect and I have cited all my points in the letter that no one wants to pass on.

Your right to get your data corrected | ICO (Your Rights To Have Data Corrected)

  • security@justice.gov.uk
  • itpolicycontent@digital.justice.gov.uk

Useful Links:

(These are some of the places I plan to contact, including the editors of the publications).

Latest News:

Further Reading:

Correspondence

I first contacted Capita which then told me to contact DWP which is now telling me to contact Capita. (You could not make this up).

I attempted to escalate the complaint to the emails on the government website which all bounced.

These contact details relate to PIP (all have bounced)

  • Direct Claimant: www.gov.uk/pip Email: pip.feedback@dwp.gsi.gov.uk (bounced)
  • Teo Cambeeiro: Complaints Resolution Manager: Email: correspondence@dwp.gsi.gov.uk (bounced)
  • Email: ministers@dwp.gsi.gov.uk Tel: 0800 731 7339 Tel: 0345 606 0265 (not tried)

These Emails Work!

  • correspondence@dwp.gov.uk
  • complaints@capita-pip.co.uk
  • smb-contact.us@capita.com
  • contactus@capita-pip.co.uk

Independent Case Examiner:

I also contacted the Independent Case Examiner:

Although I have gone back to the front I have emailed and phoned the Independent Case Examiner: PO Box 209 Bootle L20 7WA Email: ice@dwp.gov.uk Tel: 0800 414 8529 (email works and so does the telephone number) How to bring a complaint to the Independent Case Examiner – GOV.UK (www.gov.uk) They have responded, but because there is no record of my complaint from the DWP they cannot action my complaint. (Why does that not surprise me)? I am not holding my breath the get a response from the DWP and have given them a deadline of the 17th of November 2023 to respond.

If for one minute they think I will go away over this they have another thing coming. I have rights that have been violated and I will exercise them if I have to.

Union Jack
Image Credit

“I am not just doing this for me, I am doing this for everyone in the UK, who is being mistreated”.

My Argument

I have cited Sir Charles Walker MP who is very vocal about his OCD and he proves that people with OCD can be intellectual and have a mental health disorder:

According to DWP if you have a mental illness you cannot be a carer according to the report I received (this is discrimination) https://disabledentrepreneur.uk/carers-mental-health-discrimination/ Therefore Sir Charles Walker should not be an MP if that’s the case.

I also plan to contact my connections which are advocates of mental health. I have nearly 12k connections on LinkedIn and whilst I am at it why don’t I throw my GP surgery under the bus (metaphorically speaking) for their lack of duty of care after I wrote 3 separate letters to them that were put on the system and never actioned. I complained and the practice manager responded by saying “Doctors are too busy to respond to letters and if I did not like it I should find another GP“, further stating “They are under no obligation to give me care“. Meaning if I continued to complain they would throw me out. (I am dependent on my medication) so you can imagine if I had no doctor at all, hence that is why I have collaborated with online doctors should this ever happen.

What You Should Do

If you find yourself without a response from a complaint made to the Department for Work and Pensions (DWP), it is crucial to take proactive steps to address the issue. Begin by checking the communication channels you used to submit your complaint, such as emails, letters, or online forms, to ensure that your submission was properly received. If possible, follow up through the same channels, politely reiterating the details of your complaint and expressing your concern about the lack of response. Additionally, explore alternative contact methods, such as calling the DWP’s helpline or visiting a local office if applicable. If all else fails, consider escalating the matter by contacting relevant ombudsman services or seeking advice from advocacy organizations that specialize in social welfare issues. Persistence and clear communication are key when navigating bureaucratic processes to ensure your concerns are addressed.

UPDATE 15/11/23

I had a response to an email that I sent this week and the person I liaised with said there is no complaint registered (It makes you laugh when he is a decision-maker).

Considering I have phoned multiple times and complained, no one is logging my complaint furthermore the person I have been dealing with did no understand the context of my complaint even though he received the link to this page as well as several regurgitated emails complaining over and over again that I wish to make a complaint.

I have a screenshot shot his email I received today and also all the emails I have sent since September 2023 trying to make a complaint.

Are they purposely trying to push people over the edge to save public spending?

Email Correspondence Timeline & Evidence

** All the above emails are my email attempts to DWP, autoresponders, and bounced messages. I did have some emails from Capita saying they had logged my complaint (contrary to what the entity today has said) and passed on my evidence.

The rest of the emails from DWP state they would not communicate with me and that I should phone them instead. But each time I phone them they tell me they are not aware of any complaint or that that anything has been passed on to them via email. I feel deflated but I am not giving up.

“How many times do I need to phone them to register a complaint? They are purposely trying to drag this out in the hope I will give up”.

“I cannot wait for this to go to court”!

The Email Today! (15/11/23)

So this entity as I do not know what I am dealing with does not know the context of my complaint even though I sent him the body of my addendum letter and have copied and pasted my complaint at the beginning of this article which I forwarded the link to him is telling me no complaint was ever logged.

For all intent and purpose, I have copied and pasted the email I received today as the images do not reflect the writing very well.

My Complaint Is How I Have Been Treated.

It is not about the money anymore it is the way I have been treated. God help everyone else who has had to deal with these people, who seem to think they can play God with people’s lives.

Here is the email body:

I have looked at the notes. It seems you indicated you spoke to me about an ongoing complaint. This is why there is a confusion. I have since left a clearer not indicating we have never conversed about the complaint, nor is there an active complaint, because you have been advised you are not an email claimant and you need to call or write to us. If you want to make a NEW complaint you can do so by writing to us or calling us. The call agents will now have clarity on the situation. No complaint has been registered. You can then discuss a timeline of events and complaint points with the call handler. Please post us evidence, nothing has been uploaded. You do not have access to email the DWP with an agreed adjustment of email in place. If you want to make this request formally you can do this whilst on the phone to us, or by post. No further emails will be responded to.

For clarification:

  • Disability Discrimination – This is an assessment issue. Go directly to the assessment provider.
  • Breach of the DWP Code of Conduct – I am unsure what this is linked to. Please explain on your call.
  • Data Breach – We send everything second class post, this is a normal process. We are not responsible for lost mail. Please contact Royal Mail.
  • Emotional Distress – You have not formally made a complaint.
  • Request For Correction of Report – This can be dealt with by request on the telephone. You do not have access to email. We are not obliged to respond to any email requests.

My Defence

Considering the Independent Case Examiner gave me the email to the entity I have been dealing with who said I should not correspond by email and he will no longer be returning my messages it just shows what I am up against.

I have phoned five times and tomorrow will be the sixth and have also contacted Capita by email requesting a copy of my report so in total I requested my report 4 times once by email to Capita and three times over the phone to DWP, I have only received one report. In the five phone calls, I said I wished to raise complaints and tomorrow will be the sixth time.

(Talking over the phone is going to go through one ear and out with the other). Even if I phoned 100 times they would not respond to my complaint(s). This is stonewalling at its finest.

This is against my human rights and I exercise my rights not only for me but for the good of the nation.

I will update you in due course when I get to phone them again. I will also start contacting some journalists and Charity CEO’s.

UPDATE 16/11/23

One needs permission to communicate by email apparently as cited by my call that transpired today trying to register my complaint.

The first person I spoke to told me to tell him everything and said he could see notes but they were too long to read.

The second person claimed to have registered the complaint but did not ask in detail what the complaint was over, which tells me they have all my evidence and documentation. I asked for him to read the notes of the decision maker, but he avoided my request, hence I have just sent an online for my information. I will laugh my socks off (NOT) if they send it via Royal Mail.

When I asked how long before my complaint would be dealt with he was evasive and would not give me a timeframe so I gave him a deadline of 14 days as I always do. The 14 days keep repeating every 14 days.

Frustrated at the fact that I was being swept under the carpet I demanded to know who I was liaising with (title) and it transpires he is the ‘Decision Maker’ no wonder the country is in the state it is in when they employ people that cannot read emails properly or read complaints and understand them.

I have since requested my information again but this time on the Gov website: Request your personal information from the Department for Work and Pensions – GOV.UK (www.gov.uk)

Request Your Personal Information

Just to be clear I did ask for the call recording and assessor notes from Capita and they replied that I would get the information in 40 days, which was on the 20th of October 2023.

Making A Complaint

I have found also this source to register a complaint:

https://makeacomplaint.dwp.gov.uk/personal-details (this link is not for DWP/PIP).

Make A Complaint To DWP

This button is for Job Seekers Allowance and Universal Credit I could not find a direct online complaint for DWP/PIP

I did however find this link Complaints procedure – Department for Work and Pensions – GOV.UK (www.gov.uk) but it does not have a way to complain online, I guess it is because of the sheer volume of complaints it gets their website would most probably crash.

Contact the Department for Work and Pensions about its policies – GOV.UK (www.gov.uk)

Ministerial Correspondence Team
Caxton House
Tothill Street
London
SW1H 9NA

Address legal documents to the DWP Litigation Division.

Email the ministerial correspondence team

Send your question using the online contact form (I may contact them using this form).

Write to the ministerial correspondence team

Do not send benefit applications to this address. They will not be dealt with. Find out how to apply for benefits.

Contact the DWP ministerial correspondence team

Conclusion

If I do not get a response from DWP I will start contacting the relevant organizations as cited in this article, plus contact all the Charity CEOs and Media to cover this. I will update you on here if I hear anything.

#dwp #pip #personalindependencepayments #stonewalling #databreach #disabilitydiscrimination #privacyviolation #gdpr #ico #ice #dataprotection #gdpr

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Consequences Of Humiliating Someone In Public

November 9, 2023 / Disabled Entrepreneur -Disability UK / 0 Comments
Bullying
Image Credit

The Ripple Effect of Public Humiliation: Consequences That Extend Beyond the Moment

Public humiliation is a potent force that can leave lasting scars, not just on the individual directly affected but also on the fabric of social dynamics. Where we are becoming increasingly interconnected through social media, the consequences of humiliating someone in public can extend far beyond the immediate moment, affecting mental health, relationships, and even societal well-being.

  1. Impact on Mental Health: Humiliating someone in public can have severe repercussions on their mental health. The shame and embarrassment experienced in such situations can lead to anxiety, depression, and a loss of self-esteem. The long-term effects may manifest in a heightened sense of vulnerability and reluctance to engage in social interactions, perpetuating a cycle of isolation and loneliness.
  2. Strained Relationships: Public humiliation often fractures relationships, both personal and professional. The bonds of trust can be irreparably damaged, leading to a breakdown in communication and understanding. Friends may distance themselves, colleagues may lose respect, and family dynamics may be forever altered. Rebuilding these relationships can be a challenging and lengthy process if it is even possible.
  3. Social Stigma: In the age of social media, public humiliation can become viral within seconds, amplifying its impact. The person subjected to humiliation may face a social stigma that follows them for a long time. This can affect various aspects of their life, including job opportunities, friendships, and romantic relationships. The permanence of online content can make it challenging to escape the shadow of public humiliation.
  4. Impact on bystanders: Witnessing public humiliation can create a culture of fear and silence. Bystanders may become reluctant to express themselves freely or challenge authority, fearing that they too could be the next target. This stifling of expression can have broader implications for societal progress, as diverse perspectives and constructive criticism are essential for growth and development.
  5. Legal Consequences: In extreme cases, public humiliation can lead to legal repercussions. Depending on the nature of the humiliation, it may be considered defamation, harassment, or even assault. Legal action can result in financial consequences and further damage to the reputations of both the perpetrator and the victim.

What should you do if you have been publicly humiliated by someone of authority?

Experiencing public humiliation, especially from someone in authority, can be incredibly distressing.

Here are some steps you can consider taking to navigate through such a challenging situation:

  1. Stay Calm: It’s natural to feel a surge of emotions when humiliated, but try to remain calm. Take deep breaths and give yourself a moment to process what happened.
  2. Find Support: Reach out to friends, family, or colleagues for emotional support. Sharing your feelings with someone you trust can provide comfort and perspective.
  3. Document the Incident: If applicable, document the incident. Write down what happened, including the date, time, location, and any witnesses. This documentation may be useful if you decide to take further action.
  4. Reflect on the Situation: Reflect on the incident to understand the context and any possible contributing factors. This self-reflection can help you decide on the best course of action and how to address the issue constructively.
  5. Address the Issue Directly: If you feel comfortable, consider addressing the person in authority privately. Choose a calm and non-confrontational approach, expressing how their actions affected you and seeking clarification or resolution.
  6. Seek Guidance from HR or a Supervisor: If the humiliation occurred in a professional setting, consult with human resources or a higher-ranking supervisor. Share your concerns and provide any documentation you may have. They may be able to mediate or address the issue appropriately.
  7. Know Your Rights: Familiarize yourself with your rights, especially in a workplace setting. If the humiliation involves discrimination, harassment, or any form of misconduct, it’s essential to know what protections you have under the law.
  8. Consider Counseling or Therapy: Seeking the help of a professional counselor or therapist can provide additional support in coping with the emotional aftermath of public humiliation. They can offer guidance on processing emotions and developing coping strategies.
  9. Evaluate Your Options: Assess whether the incident warrants further action, such as filing a formal complaint or pursuing legal avenues. Consult with a legal professional to understand your rights and the potential courses of action available to you.
  10. Focus on Self-Care: Prioritize self-care during this challenging time. Engage in activities that bring you comfort and relaxation, and surround yourself with positive influences.

Remember, you are not alone, and seeking help is a sign of strength. Every situation is unique, so trust your instincts and take steps that align with your well-being and personal values.

Human Rights Law and the Protection Against Humiliation

Human rights law is a crucial framework established to safeguard the inherent dignity and worth of every individual. Among the myriad rights enshrined in international treaties and conventions, protection against humiliation holds a prominent place. Humiliation, whether inflicted by state actors, individuals, or societal norms, undermines the principles of equality, dignity, and respect that are the cornerstone of human rights.

Understanding Humiliation in the Context of Human Rights

Humiliation can manifest in various forms, including verbal abuse, discriminatory practices, degradation, and torture. In the context of human rights law, the prohibition against humiliation is closely tied to broader principles such as the right to life, liberty, and security of person, freedom from torture or cruel, inhuman, or degrading treatment or punishment, and the right to be free from discrimination.

International Instruments Safeguarding Against Humiliation

Several international instruments explicitly address the issue of humiliation and aim to protect individuals from its detrimental effects. The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, declares in Article 1 that “all human beings are born free and equal in dignity and rights.” This foundational principle establishes the basis for protecting individuals from humiliation.

The International Covenant on Civil and Political Rights (ICCPR) further elaborates on the right to be free from torture or cruel, inhuman, or degrading treatment or punishment in Article 7. Similarly, the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) specifically addresses actions that lead to humiliation, emphasizing the absolute prohibition of torture and cruel, inhuman, or degrading treatment.

Regional human rights instruments, such as the European Convention on Human Rights and the African Charter on Human and Peoples’ Rights, also contain provisions aimed at preventing and remedying humiliation.

State Responsibilities and Accountability

States bear the primary responsibility for ensuring the protection of human rights, including safeguarding individuals from humiliation. This involves not only refraining from directly engaging in such practices but also implementing measures to prevent and address humiliation perpetrated by non-state actors.

National legal systems play a crucial role in holding perpetrators accountable for acts of humiliation. Courts and legal institutions, both at the domestic and international levels, can adjudicate cases related to human rights violations and provide redress to victims.

Challenges in Addressing Humiliation

Despite the clear legal frameworks in place, challenges persist in effectively addressing humiliation. In some instances, cultural norms, societal attitudes, and historical legacies may perpetuate practices that humiliate certain groups of people. Addressing these deeply ingrained issues requires a comprehensive and sustained effort, combining legal measures with education and awareness-raising initiatives.

The protection against humiliation is an integral aspect of human rights law, emphasizing the fundamental dignity and equality of all individuals. International treaties and conventions provide a robust framework for addressing and preventing acts of humiliation, placing the onus on states to uphold these principles. While challenges persist, the ongoing commitment to human rights and the collective effort to raise awareness can contribute to a world where every person is treated with the respect and dignity they inherently deserve.

The repercussions on mental health

The repercussions of humiliation on mental health are profound and multifaceted. Human rights violations that involve humiliation can leave lasting psychological scars, affecting the well-being and mental health of individuals. Understanding the impact on mental health is crucial for addressing the broader consequences of such violations and providing effective support for victims.

  1. Psychological Trauma: Humiliation often leads to psychological trauma, causing individuals to experience intense emotional distress and a sense of powerlessness. The trauma resulting from humiliation can manifest as anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health disorders.
  2. Deterioration of Self-Esteem: Humiliation erodes a person’s sense of self-worth and self-esteem. Continuous exposure to humiliating experiences can contribute to feelings of shame, inadequacy, and a negative self-image. Individuals may internalize the degrading messages, leading to a diminished sense of their own value.
  3. Social Isolation: Victims of humiliation may withdraw from social interactions out of fear of further mistreatment or due to feelings of shame and embarrassment. Social isolation can exacerbate mental health issues, as the support networks that are crucial for resilience and recovery may be weakened or severed.
  4. Impact on Relationships: Humiliation can strain interpersonal relationships, including family, friends, and romantic partnerships. The emotional toll of humiliation can make it challenging for individuals to trust others, express vulnerability, or form meaningful connections, contributing to a sense of loneliness and isolation.
  5. Development of Maladaptive Coping Mechanisms: In response to the emotional pain caused by humiliation, individuals may develop maladaptive coping mechanisms such as substance abuse, self-harm, or other destructive behaviors. These coping strategies may provide temporary relief but can exacerbate mental health challenges over time.
  6. Long-Term Effects on Identity: Humiliation can have a lasting impact on an individual’s sense of identity. It may shape how victims perceive themselves and how they believe others see them. Rebuilding a positive self-image and identity can be a complex and lengthy process that often requires therapeutic intervention and support.
  7. Barriers to Seeking Help: Stigma and fear of judgment can act as barriers to seeking mental health support for those who have experienced humiliation. Overcoming these barriers is essential to ensure that individuals receive the assistance they need to cope with the psychological consequences of human rights violations.
  8. Interconnected Societal Impact: The mental health repercussions of humiliation extend beyond the individual level, affecting communities and societies as a whole. Persistent patterns of humiliation can contribute to a culture of fear, mistrust, and division, hindering social cohesion and collective well-being.

Addressing the mental health repercussions of humiliation requires a comprehensive approach, combining legal, psychological, and social interventions. Efforts should focus on preventing further human rights violations, providing mental health support for victims, and promoting societal awareness and education to foster empathy and understanding. By acknowledging the mental health impact of humiliation, societies can work towards creating environments that uphold human dignity and promote the well-being of all individuals.

The consequences of a person of authority not apologizing if the person they publicly humiliate, and the consequences of an investigation

When a person of authority publicly humiliates someone and fails to apologize, the consequences can be far-reaching and detrimental. This not only affects the individuals directly involved but can also have broader implications for trust in institutions, organizational culture, and the overall well-being of those affected. If the incident prompts an investigation, the consequences may become even more significant. Here are several potential repercussions:

  1. Erosion of Trust: Failure to apologize can lead to a severe erosion of trust between the person of authority and those they lead or represent. Trust is a foundational element in any relationship, especially in professional or institutional settings. Without a sincere apology, trust may be difficult to rebuild, damaging the overall effectiveness of leadership.
  2. Negative Organizational Culture: The behavior of a person in authority sets the tone for the organizational culture. If a leader engages in public humiliation without acknowledging the wrongdoing, it can foster a toxic work environment. This negativity may permeate the organization, affecting morale, productivity, and the overall well-being of employees.
  3. Employee Disengagement: Public humiliation and the absence of a genuine apology can lead to employee disengagement. When employees feel unsupported or disrespected, their motivation and commitment to their work may decline, negatively impacting productivity and organizational success.
  4. Legal Consequences: If the incident of public humiliation involves violations of laws or workplace regulations, an investigation may uncover legal liabilities. Failure to apologize may exacerbate the legal consequences, potentially leading to lawsuits, fines, or other legal actions against the person of authority or the organization.
  5. Reputational Damage: Public humiliation can result in significant reputational damage for both the individual in authority and the organization. This damage can affect relationships with stakeholders, clients, and the broader community. A lack of apology may further intensify negative perceptions and hinder efforts at reputation repair.
  6. Impact on Mental Health: The person who was publicly humiliated may experience severe emotional distress and mental health consequences. Without a sincere apology, the healing process may be impeded, potentially leading to prolonged emotional suffering, anxiety, and other mental health challenges.
  7. Employee Retention Issues: A hostile work environment created by public humiliation and the absence of an apology can contribute to employee turnover. Skilled and talented individuals may choose to leave the organization in search of a more supportive and respectful workplace, leading to a loss of valuable human capital.
  8. Heightened Scrutiny and Investigations: The lack of an apology may trigger increased scrutiny from internal or external bodies, such as human resources departments, ethics committees, or regulatory agencies. Investigations may be initiated to assess the extent of the wrongdoing and determine whether organizational policies or laws were violated.
  9. Leadership Credibility Damage: Failure to apologize can seriously damage the credibility of the person in authority. Leadership effectiveness is closely tied to credibility, and a leader who is unwilling to take responsibility for their actions may struggle to maintain the respect and support of their followers.
  10. Organizational Change Requirements: Investigations may reveal systemic issues within the organization that contributed to the incident. This could necessitate broader organizational changes, such as revised policies, enhanced training programs, or a reassessment of leadership structures to prevent similar occurrences in the future.

The consequences of a person of authority not apologizing after publicly humiliating someone can have wide-ranging effects, impacting trust, organizational culture, legal standing, and the well-being of individuals involved. Investigations become crucial in uncovering the truth, determining accountability, and guiding necessary changes to prevent recurrence.

Further Reading

Conclusion:

The consequences of humiliating someone in public are multifaceted and can have far-reaching implications. In a world that values empathy and understanding, it is crucial to recognize the potential harm caused by public humiliation and actively work toward creating a more compassionate and supportive society. Whether online or offline, fostering an environment where individuals feel safe and respected is not just a personal responsibility but a collective one that contributes to the well-being of society as a whole.

When you want to complain but fear repercussions, consider whistle-blowing or get someone to complain for you anonymously.

There should be no excuse to humiliate someone publically or privately. Humiliating some reflects at the end of the day on who you are. If you have been bullied or humiliated do not take it out on another person.

#humiliation #humiliting #degrading #embarrasing #publichumiliation #humanrights #mentalhealth #selfesteem #socialisolation #bullying #emotionaldistress

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Carers Mental Health Discrimination

November 5, 2023 / Andrew Jones / 2 Comments
Disability Discrimination
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The Unsung Heroes: Carers in the UK with Mental Health Disorders Caring for Disabled People

There exists a group of unsung heroes worldwide who selflessly dedicate their lives to providing care and support to disabled children. These individuals are carers, and what makes their role even more remarkable is that many of them are themselves living with mental health disorders. Despite facing their challenges, they offer unwavering love and care to ensure that their disabled children can lead fulfilling lives.

Carer’s Allowance: A Vital Support System

Carer’s Allowance is a crucial financial support system provided by the UK government to those who devote a significant amount of their time to caring for individuals with disabilities. It offers much-needed financial assistance to carers who often have to juggle their caregiving responsibilities with their life challenges. This allowance is a testament to the government’s recognition of the immense value these caregivers bring to society.

Mental Health and Caregiving

Caring for a disabled child can be a physically and emotionally demanding responsibility. When a caregiver has a mental health disorder, these challenges can be even more daunting. Conditions like depression, anxiety, bipolar disorder, or schizophrenia can significantly impact one’s ability to provide consistent care. However, it’s essential to recognize that mental health issues do not diminish a caregiver’s love or dedication to their child.

The Impact on Carers

Carers living with mental health disorders often face additional hurdles. The stress, anxiety, and emotional toll of caregiving can exacerbate their mental health challenges. This dual burden can be overwhelming, leading to increased isolation and burnout. Despite these challenges, many carers find the strength and resilience to persevere, driven by their love and devotion to their children.

Navigating the System

To qualify for Carer’s Allowance in the UK, carers must meet specific criteria, which include providing at least 35 hours of care each week to a disabled person and not earning more than a set threshold. The care recipient must also receive certain disability benefits. Carers with mental health disorders are not excluded from this support system. However, the application process can be complex and time-consuming. Carers need to seek guidance and support to ensure they meet the eligibility requirements.

Support Networks and Advocacy

Fortunately, there are organizations and support networks dedicated to helping carers in the UK, including those with mental health disorders. These groups offer guidance on the application process for Carer’s Allowance, connect carers with valuable resources, and provide emotional support. Additionally, they advocate for carers’ rights and work to raise awareness about the unique challenges faced by carers with mental health disorders.

Can a carer be discriminated against if they have a mental health disorder – Equality Act 2010 and discrimination.

In the UK, the Equality Act 2010 is a comprehensive piece of legislation that is designed to protect individuals from various forms of discrimination, including discrimination based on a person’s mental health condition. This act sets out legal protections and obligations for both employers and service providers to prevent discrimination against individuals with mental health disorders.

Regarding carers with mental health disorders, the Equality Act 2010 can be relevant in a few different contexts:

  1. Employment: Carers who are employed and have a mental health disorder are protected from discrimination in the workplace under the act. Employers are legally required to make reasonable adjustments to support employees with disabilities, including those with mental health disorders. Discriminating against a carer due to their mental health condition could lead to legal consequences.
  2. Service Providers: Service providers, including healthcare, social care, and support services, are also covered by the Equality Act. They must not discriminate against carers or individuals with mental health disorders when delivering their services. Discrimination in this context could involve denying services, providing unequal treatment, or not making reasonable adjustments to accommodate the specific needs of carers and individuals with mental health disorders.
  3. Associative Discrimination: The Equality Act also includes a provision for “associative discrimination,” which means that individuals who are associated with someone with a protected characteristic (such as a mental health disorder) are protected from discrimination. In the context of carers, this would mean that a carer could potentially experience discrimination due to their association with a person who has a mental health disorder.

Conclusion

Carers with mental health disorders are protected from discrimination under the Equality Act 2010, both in the workplace and when accessing various services. Discriminating against carers based on their mental health condition would be a violation of their legal rights, and individuals who experience such discrimination have the option to seek remedies through legal channels. It’s important for both employers and service providers to be aware of these protections and to take steps to ensure that they comply with the Equality Act to create an inclusive and non-discriminatory environment for all individuals, including carers with mental health disorders.

Carers in the UK with mental health disorders who care for disabled children are truly unsung heroes. They embody strength, resilience, and unwavering love in the face of overwhelming challenges. The Carer’s Allowance program is a lifeline for many, offering financial support and recognition for their vital contributions to society. The UK must continue to improve access to support networks and resources for these remarkable individuals, ensuring they receive the assistance and recognition they deserve. Their dedication and love not only enrich the lives of their disabled children but also inspire us all to be more compassionate and understanding.

Further Reading:

Equality Advisory and Support Service (EASS)
This organization gives practical advice and information about the
Equality Act 2010 and discrimination.
Telephone: 0808 800 0082 (Monday to Friday: 9 am to 7 pm, Saturday
10 am to 2 pm) Textphone: 0808 800 0084
Address: FREEPOST EASS HELPLINE FPN6521
Email online form: www.equalityadvisoryservice.com/app/ask
Website: www.equalityadvisoryservice.com

https://rethink.org/advice-and-information/rights-restrictions/mental-health-laws/discrimination-and-mental-health

The Equality Act 2010 protects disabled people and their carers from unfair treatment. This includes many people with mental illness. The Equality Act 2010 explains what a disability is. If you match this definition, you could be protected from discrimination, harassment, and victimization by the Act.

#discrimination #disabilitydiscrimination #mentalhealth #carer #carwersallowance #equalityact2010 #equality

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DISABILITY DISCRIMINATION – EMOTIONAL DISTRESS – DATA BREACH

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Can You Sue for Emotional Distress and Discrimination?

October 23, 2023 / Andrew Jones / 1 Comment
Emotional Distress

Can You Sue for Emotional Distress and Discrimination?

Emotional distress and discrimination are deeply distressing experiences that can have a significant impact on an individual’s mental and emotional well-being. When faced with discrimination in the workplace, housing, or other aspects of life, it is natural to wonder whether you can take legal action to seek compensation for the emotional distress caused by such treatment

Understanding Emotional Distress

Emotional distress, often referred to as “emotional harm” or “mental anguish,” can encompass a wide range of emotional and psychological symptoms. These may include anxiety, depression, panic attacks, sleep disturbances, and even physical symptoms such as headaches or stomachaches. Emotional distress can result from a variety of experiences, with discrimination being one of the significant factors contributing to its onset.

Emotional distress, in a legal context, can be a central element in a lawsuit when seeking compensation. However, it’s important to recognize that emotional distress claims are often challenging to prove in court. To succeed in such a case, one must typically establish that the emotional distress was a direct result of the discriminatory actions or behaviors.

Suing for Discrimination

Discrimination, whether based on race, gender, age, disability, religion, or other protected characteristics, is prohibited by various laws. Discrimination is an affront to the principles of equality and human rights, and it is unequivocally prohibited by law in the United Kingdom. Those who experience discriminatory treatment in various aspects of life, including employment, housing, education, and access to goods and services, have the legal right to seek redress through the UK’s robust anti-discrimination framework. This framework, rooted in both domestic and European legislation, offers individuals the means to pursue justice and hold those who engage in discriminatory practices accountable.

To sue for discrimination, you generally need to prove the following elements:

  1. You are a member of a protected class: You must belong to a group that is protected by anti-discrimination laws. For example, if you are suing for racial discrimination, you should belong to a racial or ethnic minority group.
  2. Adverse action: You must demonstrate that you suffered an adverse action, such as being fired from your job, denied housing, or experiencing unequal treatment in comparison to others.
  3. Causation: You need to establish a causal link between your membership in the protected class and the adverse action. In other words, you must show that the adverse action occurred because of your membership in the protected class.
  4. Discriminatory intent: You must prove that the adverse action was taken with discriminatory intent or motivation, such as racial bias or gender discrimination.

Suing for Emotional Distress

To sue for emotional distress, you typically need to demonstrate that:

  1. You have experienced severe emotional distress: The emotional distress you have suffered must be severe and substantial, causing significant disruption in your life.
  2. The distress is a result of the discriminatory actions: You need to establish a direct link between the emotional distress and the discrimination you experienced. This can be challenging, as emotional distress can be caused by various factors.
  3. You have supporting evidence: It is essential to have documentation and evidence to support your emotional distress claim. This may include medical records, therapist reports, or eyewitness testimony.

Challenges and Limitations

Suing for emotional distress and discrimination can be complex and challenging. There are several potential hurdles to consider:

  1. Proof: Proving emotional distress and discrimination can be difficult, as it often relies on subjective experiences and intentions.
  2. Statute of limitations: There are time limits for filing discrimination claims, which can vary depending on the jurisdiction and the specific law.
  3. Legal costs: Pursuing a discrimination case can be costly, as legal fees and court expenses can add up quickly.
  4. Outcomes may vary: Success in discrimination cases can vary widely, depending on the strength of your evidence and the effectiveness of legal representation.

What if Personal Independence Payments (PIP) Discriminate and cause emotional distress?

If you believe that the process or decisions related to Personal Independence Payments (PIP) discriminate against you and have caused you emotional distress, it is essential to understand your rights and options. PIP is a disability benefit in the United Kingdom, and it is meant to provide financial support to individuals with disabilities or health conditions.

If you believe you’ve experienced discrimination in the PIP application or assessment process, or if you’ve been denied PIP despite being eligible, here’s what you can consider:

  1. Gather Evidence: Begin by collecting any evidence that supports your claim of discrimination or emotional distress. This may include written communications, medical records, statements from healthcare professionals, or personal testimonies from witnesses to the discrimination or distress. Request copies of all audio recordings and transcripts.
  2. Understand Discrimination: Discrimination in the context of PIP may relate to treating you unfairly based on a protected characteristic. Protected characteristics include disability, age, gender, race, religion, and sexual orientation. If you believe you were treated unfairly because of one of these characteristics, you may have a discrimination claim.
  3. Complaints Procedure: The first step is to use the official complaints procedure of the Department for Work and Pensions (DWP), which administers PIP. You can make a formal complaint about your experiences or decisions. Provide as much detail and evidence as possible to support your complaint.
  4. Seek Legal Advice: If you are not satisfied with the response from the DWP or if you believe that the discrimination and emotional distress you experienced warrant further action, consult with a solicitor or an advocacy group specializing in disability or discrimination issues. They can advise you on your legal rights and the potential for legal action.
  5. Tribunal Appeal: If you’ve been denied PIP and believe you are eligible, or if you believe the assessment process was discriminatory, you have the right to appeal to the First-tier Tribunal. At the tribunal, you can present your case and provide evidence of the discrimination and emotional distress you experienced.
  6. Document Emotional Distress: To establish emotional distress, consider seeking support from mental health professionals, therapists, or counselors. They can provide expert testimony regarding the emotional impact of discrimination and the PIP process on your mental well-being.
  7. Support from Advocacy Groups: Several advocacy groups in the UK specialize in supporting individuals facing difficulties with PIP and other disability-related benefits. These organizations can provide guidance, emotional support, and resources to help you navigate the process.

It’s important to remember that pursuing a discrimination claim can be a complex and challenging process. Success may vary depending on the strength of your case and the evidence you can provide. Seeking legal advice and the support of advocacy organizations can be invaluable in your efforts to address discrimination and emotional distress related to PIP. Additionally, staying informed about your rights under disability and discrimination laws in the UK is crucial as you seek justice and fair treatment.

When making a phone call recording in the UK do you have to notify the other person they are being recorded by law?

In the United Kingdom, the laws regarding recording phone calls are governed by the Regulation of Investigatory Powers Act 2000 (RIPA) and the Data Protection Act 2018. Under UK law, it is generally legal to record phone calls without the consent or knowledge of the other party, provided that you are the one initiating and participating in the call. In this situation, it is considered “one-party consent.” This means that if you are one of the participants in the call and you wish to record it for your own use, you are generally not required by law to inform the other party that the call is being recorded. However, it is essential to ensure that the recording is for lawful purposes, and it should not be used for malicious or illegal activities.

It’s important to note that if a third party wishes to record a phone call in which they are not a participant, such as recording someone else’s conversation without their consent, this could be a violation of privacy laws, and it may not be legal without proper consent or a legitimate reason. Therefore if the DWP (the third party) wishes to have the recording of the assessor and the claimant, the claimant must be informed the call is being recorded.

If you are planning to record phone calls, it’s always a good practice to be transparent and inform the other party at the beginning of the call that you intend to record it. This not only helps maintain trust and open communication but can also prevent any misunderstandings or legal complications that may arise in specific situations.

Please keep in mind that legal requirements and interpretations may change, so it is advisable to consult with legal counsel or relevant authorities for the most up-to-date information on recording phone calls in the UK.

Conclusion

Suing for emotional distress and discrimination is possible, but it is essential to understand the legal requirements and challenges associated with such cases. Emotional distress claims often go hand-in-hand with discrimination cases, as the emotional harm caused by discriminatory actions can be significant. If you believe you have a valid claim, consult with an experienced attorney who specializes in discrimination cases to assess your situation, gather evidence, and navigate the legal process. While success is not guaranteed, pursuing justice in cases of discrimination and emotional distress is an essential step toward addressing unfair treatment and protecting the rights of individuals within a diverse society.

In the case of the Editor of Disabled Entrepreneur – Disability UK, the experience of discrimination, humiliation, and emotional distress at the hands of the Personal Independence Payments (PIP) system sheds light on the very issues that this article has explored. It underscores the need for vigilance in safeguarding the rights of individuals with disabilities and the imperative of holding discriminatory practices accountable. The personal stories of those affected serve as a powerful reminder that while the UK has made significant strides in the protection of disability rights, there is still work to be done to ensure that all individuals can access the support and services they need without enduring discrimination or distress. The Editor’s experience underscores the importance of continued advocacy and reform in addressing these critical issues in the UK.

#emotiondistress #discrimination #dataprotectionact #gdpr #ripa #law #telephonerecordings #humanrights #equality

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