newsletter

The PA Employer Summer 2004

Inside this issue:

• Offical opening cermony of SPAEN's new offices
• Right to independent living
• Motability issues
• Highland matters
• Project administrator news
• Training officer news
• New radio station
• Drive for members
• Annual general meeting
• National minimum wage
• Editorial

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You can also download the pdf version:
The PA Employer Summer 2004 - pdf(137kb)

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Official opening

We had the privilege of having the Right Honourable Jack McConnell MSP, First Minister for Scotland and Mr Frank Roy MP come along to officially open our new SPAEN Offices in Motherwell on 05 Aug 2004. Twenty five people were in attendance; Executive Committee members, representatives from other organisations including the Scottish Executive, Glasgow Centre for Inclusive Living, Direct Payments Scotland, Lothian Centre for Integrated Living and North Lanarkshire Disability Forum; all  partners who work with SPAEN. The notification that our invitation had been accepted came at short notice, with less than a week to get organised and we are delighted that the event went well.

The First Minister and Mr Roy arrived at 2pm and were met by a delegation of the Executive Committee and staff. Our Convenor, James Elder- Woodward, welcomed the First Minister and Mr Roy and gave them an insight into the origins of the organisation and the work that it had already achieved in its short existence. He spoke of SPAEN’s work currently ongoing assisting disabled people to be good employers by ensuring that they have the structure in place to promote good employment practice and ensure their legal obligations are being met. The Convenor also highlighted the work SPAEN had done to enable Disabled People access to police checks for their new recruits as part of the safe recruitment practice. He finished by outlining the  organisations future plans which may include a further safeguard for employers against litigation, before handing over to the First Minister.

The First Minister opened by thanking everyone for their attendance and his pleasure in receiving the invitation to open the office. He continued by saying that he “would like to welcome the establishment of this office, for two reasons. Firstly, because it is here (in Motherwell) and it’s good to see such an exciting and ever expanding and very important initiative having good office space and facilities which supports over 230 people across Scotland”. Secondly, the First Minister continued “I know the work that the staff and Committee, has done for the organisation and their vision of seeing it expand in greater numbers, not because they believe in building empires but mainly due to the fact that there is a demand out there where support is needed”. On SPAEN’s future, he said he welcomed the news, in particular, that there may be provision for legal support for PA Employers and highlighted the fact that this was possibly the most difficult area facing employers both large and small.

In closing the First Minister again thanked all those for coming to the opening of SPAEN’s new offices and expressed his support for our aims by saying, “we are on a road not just here in Scotland but throughout the United Kingdom whereby the role of the state will not be to hide people away or lock people up or indeed provide machinery or give them restricted activities to preclude them from society but instead to enhance the quality of life whether they had been born with an impairment or indeed had acquired an impairment later in life”. He then wished SPAEN every success for the future and hoped to see the organisation go from strength to strength. The First Minister then cut the ribbon to formally open the organisations new offices.

Right to independent living

Recent press and TV coverage of the debate around whether an individual has a right to choose to end their own life, has obscured the fact that many disabled people are still fighting for the right to live their lives in the way they choose. In addition, community care has become more difficult to access and more limited in the support it offers to disabled people. In this situation, it is important to emphasise that disabled people should have a right to live freely in the homes of their choice, as active members of the community, as they choose to be.

Independent living is about living life to the full, not just meeting essential personal care needs. Independent living needs to include the whole range of human activity. It is sometimes said that, with the appropriate support and equipment, a disabled person can do anything. All in SPAEN should make it clear that when we talk about independent living we are talking about empowering and supporting disabled people to live full and active lives, as positive participants in our own communities according to our own choices and that this is a right which all disabled people have.

Independent living is about getting the appropriate support to manage our own activity in all of the following areas - personal care support, social and family activities, leisure and sports, civic and political life, all areas of education, including preparation and training for work, as well as continued support in work itself.

To achieve these goals, the National Centre for Independent Living (NCIL), is planning a national campaign that will both challenge and change thinking around Social Care – to replace the idea of “caring for individuals in need”, to one of supporting the rights of individuals to live lives of their own choosing. The campaign aims to change policy and practice to underpin this rights based approach. In the new Disability Discrimination Bill, there is a section on the duties of public bodies not to discriminate against disabled people and to promote an environment of equality. NCIL will take this opportunity to amend this section to include a right to independent living. SPAEN should join this campaign to bring this right to Scotland. It may be possible to set out what we, as disabled people, mean by independent living and add some clauses to the Bill, which will make the provision of independent living opportunities a duty for every local authority. Even if it doesn’t come off, by trying now it will raise the profile of ‘a right’ to independent living in the minds of politicians – so that, at a later date, ‘the right’ to independent living will finally be adopted in legislation.

In the meantime, at the local level, most local authorities have a policy on ‘social inclusion’. This can be used to ask them to develop an action plan to develop its services in a way, which will support disabled people to live independently, in the community. As well as campaigning locally and nationally on the right to independent living, each member of SPAEN can ask how their local authority, including their social work department, work to develop the active role of disabled people within its organisation. You can also ask that of other organisations funded by your local authority, such as voluntary sector groups and direct payments / independent living support schemes. It is up to each local SPAEN member to vocalise that request and keep niggling at government at all levels that direct payments is not just about wiping bums and feeding faces – it’s about freedom, choice and control; it’s about human rights; it’s about the enrichment of human life.

James Elder-Woodward, Convenor

Motability issues

Driving lessons

Motability can provide financial help towards the cost of driving lessons. Anyone wishing to apply for assistance towards driving lessons should either have a motability car, or intend to apply for one after they have passed their driving test. You may also apply for financial help towards driving lessons for a Personal Assistant. Motability will normally offer to pay half the cost of driving tuition if the Personal Assistant is learning to drive on your behalf.

Travelling abroad

When travelling abroad, as you are aware, you are required to have your Green Card, and your Vehicle Registration Document (V5) with you. If your V5 is with Motability Operations, Motability will issue you with a Vehicle on Hire certificate (VE103) when you apply for your Green Card. The VE103 is acceptable by the relevant authorities in all European member countries in place of the V5, and confirms that you are able to travel abroad with your Motability car.

Highland matters

Direct payments peer support network

Are you someone who uses Community Care Services or a carer? Are you using a Direct Payment? Do you know anyone who is thinking about using a Direct Payment? If you would like to get together with others to share experiences, information and receive mutual support, then you are welcome to come along to one of the following events: Monday 13th September 2004 at 7.30pm in the Community Centre at Strathpeffer Or Thursday 16th September 2004 at 10.30am in the Merkinch Community Centre, Coronation Park, or further information contact: Elsie Normington, Direct Payments Development Worker (North) on 01463 731958 or email elsien@dpscotland.org.uk.

Jo’s garden enterprise

Joanna Chance, SPAEN member has her own thriving Garden enterprise supplying bedding plants, perennials and herbs which are available now. If you wish to use Joanna’s services her contact details are as follows:

Easter Balmungie Farm
On the Eathie Road
By Rosemarkie
Tel: 01381 621006

Free delivery is available to those members living on the Black Isle. More about Joanna in the next issue.

Project administrators news

Hi, Derek giving you an update on the admin side of things! (For those new members who do not know me, I am the project administrator for SPAEN).

Administratively, I must say that the organisation’s workload over the last year has increased significantly. This has been due to the steady increase in membership, which is an excellent indication that more people are becoming employers managing their own support packages. It can also be attributed to the many grant making trusts from which we have received funding. These Trusts require dedicated and detailed reports on how we operate, and this as you will appreciate takes up a lot of time. The positive side to this is that we have the mechanisms now in place to closely monitor the work we do by producing monthly reports to the Management Committee who are well informed in all aspects of the organisation’s work ensuring it is in line with our aims and objectives as a user led organisation. I am now going to ask you all for support. In accordance with the guidelines laid down by our grant making trusts, an important part of our work is evaluating SPAEN’s work, and we need your support and help to do this effectively. Therefore, over the course of the coming year, a number of you will receive differing evaluation forms through the post from us. When you receive them, I would ask that you take the time to complete and return them to us. This information, allows us to test and adjust our working practices, taking into account your comments to ensure that the services we provide are effective and making a positive difference to you as a PA Employer. As I have said before our funders want evidence that their money is being appropriately used to your benefit. If there is any specific questions on the administration of the organisation that you wish to discuss with me do not hesitate to contact me either via email at derekk@spaen.co.uk or by telephone on 01698 250280.

Training officers news

Hello everyone, I cannot believe that almost 4 months has passed since I introduced myself to you. During this time I have been immersing myself in legislation, insurance issues, books’ galore and questioning everything and everyone to ensure that I am developing a sound, knowledgeable and rounded approach to the Independent Living philosophy. In June, I was in Inverness and the surrounding areas with Peter, and had the opportunity to meet up with a number of SPAEN members. It was informative and gave me an insight to some of the barriers that members have still to overcome. On the training front, I aim to roll out induction training on the Code of Practice, promoting good employment practice, for our members and in particular the newer ones. By doing this, I hope, it will encourage more member contact and participation. From my contact with various members there seems to be other areas of training from self development to specific management skills that would be welcomed. The principles underpinning the self development training approach is three fold, in that, it helps settle the past, it helps reduce the effort to deal with the present, and finally, it helps encourage effective personal development with the skills to maximise your ambitions for independent living. If you have any other thoughts or ideas on what training support you feel might be of benefit to our members, please get in touch with me. I’ll close by saying; it’s an exciting and informative time for me to be making my contribution to SPAEN’s rapid development. And I look forward to meeting many more people in the months to come. On the training front; watch this space!

New radio station launched ‘VIP’ on the air

VIP on air is Europe’s first radio station for the blind and partially sighted people. Based in Glasgow, we broadcast a range of news and information from our website www.viponair.com. As a talk radio station, which broadcasts 3 hours of news and views daily, we are constantly on the look out for topics which we can broadcast to our audience.

If you wish to contact us our details are as follows: info@viponair.com or Michael.hughes@viponair.com or Jill.daley@viponair.com Telephone: 0141 334 5530

Drive for members

Currently SPAEN has 232 paid up members, If you are not a member please join us. The more members we have the stronger our voice will be. Join us and you will get the security of an organisation of disabled people like yourself, which is there to secure and promote your interests. Contact SPAEN for further information.

Annual general meeeting

As you will all by now be aware, the Annual General Meeting will take place at the Glasgow Centre for Inclusive Living on Tuesday 12 October 2004 between 11am and 3pm. To date we have had responses from around half of our members and I would therefore be grateful if all those who have yet to return their replies do so at the earliest possible opportunity to assist us in planning the meeting. We look forward to seeing all those who have intimated their attendance at the event. Unit 10 Motherwell Business Centre 130 Coursington Road Motherwell. ML1 1PR Tel: 01698 250280 e-mail: info@spaen.co.uk Web-site: www.spaen.co.uk

Editorial

So this is the summer edition of our newsletter, and I hear you saying, ‘what summer?’ I suppose it has been disappointing for those of us who like the sunshine. Still there is always next year! Now to business, and the status of employed or self-employed personal assistants. When someone is contemplating setting up a support package employing their own workers, there has been some misunderstanding of the issue on engaging a PA who is deemed to be self-employed. Is this arrangement OK, is it allowed? This is a question that has been asked on a number of occasions during my time with SPAEN. Hopefully, I can clarify the situation, and indeed create a debate in the process.

The brief and straight to the point answer from the Inland Revenue(IR): A person, who works in an individual’s home and is paid to do so, is by their definition an employee. The status of self-employed does not apply in these circumstances.

Furthermore, the implications of this ruling for the employer could mean, that in the event of investigation by IR, the monies paid by the employer will be:

• assumed net of TAX and NI (if applicable)
• employer could be liable to pay the IR the calculated amount owing for the period of the employment.

I am waiting to receive more details from the Inland Revenue’s Compliance Unit at Centre 1 on this subject and I will keep you posted.In the mean time if you require any other information, please contact me at the office.

Now for something completely different, there are two major events for SPAEN coming up over the next couple of months, which I hope will be of interest to you. In September the Independent Living Advocacy course, the first of its kind in Scotland will begin. Twelve people will be taking part initially, and I have great expectations that having trained Independent Living Advocates supporting people across the country will help them to take control of their own support packages.

Finally, the AGM is being held in Glasgow in October. I know that you have been alerted already about the date and venue. You were also asked to let us know if you would be attending. Please return your slip, if you have not done so already, so we can finalise the numbers attending. SPAEN is developing in a positive manner and there are a number of initiatives in the pipe line which will further support our members in their employment role. As ever we need committed people with the skills and aptitude to serve on our Executive Committee and other non Executive members to get more actively involved. The AGM is the time to put yourself forward and become more active, please give it some thought. We need you.

Peter Brawley Project Manager

National minimum wage

With effect from the 01 Oct 04 the national minimum wage rates are as follows:

• Age 22 and over - £4.85
• Age 18 - 21 - £4.10
• Age 16 - 17 - £3.00
• Accredited training rate - £4.10

Further information is available from SPAEN.

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What do SPAEN members think?

Your views and opinions are crucial to the future success of the Independent Living Movement and the empowerment of disabled people. So please write, phone or e-mail, we want to hear from YOU.