Tag Archives: screening tool

Form violates rights of disabled

Guardian Form violates rights of disabled photo

Privacy commissioner finds some questions irrelevant

RON RYDER
The Guardian

The Island’s privacy czar has ruled that a controversial assessment form violates the rights of clients of the Disability Support Program.

In a ruling handed down Oct. 3, Information and Privacy Commissioner Karen Rose upheld a complaint in which Charlottetown resident Stephen Pate complained that many of the questions asked on the DSP’s screening questionnaire were never used to make payment for the needs of the program’s disabled clientele.
Protest+at+Farmer%27s+Market+2 Form violates rights of disabled photo

“I’m just hoping they work to match supports to people’s needs and not just to the answers on a questionnaire”

The multi-question form included questions on a client’s behaviour, memory, safety, nutrition, community integration and function. But Rose determined that only the questions relating to function were ever considered when DSP workers decided how much financial support a client would be eligible to receive.

“I think it is appropriate to point out to the head of the public body that there are certainly reasons not to collect personal information. For example, a public body should not collect a client’s personal information to save ‘for a rainy day’ in case a program is expanded and the information turns out to be useful at that time,” she wrote in a decision mailed to Pate.

“It is equally erroneous to fall into the trap of collecting personal information simply because it is ‘on the form.’ ”
The ruling largely is academic at this point because the operators of the DSP voluntarily stopped using the questionnaire in July. Rose said she hopes they consider any future screening tools in light of the requirements of the Island’s Freedom of Information and Protection of Privacy legislation.

Pate said he hopes this ruling signals a new mindset
within the operations of the Island’s disability support plan.
“The problem with a questionnaire system is they have all this money isolated in buckets and depending on your answers you can access one bucket and not another so you get 85 per cent or 15 per cent or whatever of the maximum amount,” he said.

“The way it should work is that there should be a decision that someone is disabled or not and then they have a professional look at the case and say how much support they need. It could be a doctor or a physiotherapist or an occupational therapist. The government has all these professionals that it’s already paying anyway.”

Pate said he has been told by the Liberal government that a re-examination of disability support is in the works.

“I’m just hoping they work to match supports to people’s needs and not just to the answers on a questionnaire,” he said.

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Human Rights Rules in Favour of Parents with Autistic Children

Privacy Commissioner Rules in Favour of Disabled, Against Government

CBC+News+at+6+Jan+10+07+Karen+Rose Privacy Commissioner Rules in Favour of Disabled, Against Government photo PEI’s Acting Information and Privacy Commissioner ruled this week that the Department of Social Services and Seniors may no longer use the Disability Support Program Screening Tool. Karen Rose, acting Commissioner, in a 26 page Order said “The use by the Public Body (Department of Social Services and Seniors) of the Non-Function Questions in the DSP Screening Tool violates Part II of the Freedom and Information and Protection of Privacy Act…”

CBC+News+at+6+Jan+10+07+3 Privacy Commissioner Rules in Favour of Disabled, Against Government photo “This is a great day for Islanders living with disabilities,” said Stephen Pate the complainant. “We finally got rid of the DSP Screening Tool which was used to abuse Islanders not help them.”

On December 6, 2006, Stephen Pate a director of PEI Disability Alert filed a complaint against the use of 42 questions contained in the Screening Tool. Pate contended that 70% of the information collected by the DSP was personal in nature and excluded by the Protection of Privacy Act.

CBC carried this story on the News at Six (shown on the right)

The Department of Social Services and Seniors responded that it need the information to administer the program. Evidence showed that DSP employees were not administering the questionnaire at all times. Therefore the Acting Commissioner ruled the questions were not necessary and therefore outside the law.

Some of the questions asked by the Screening Tool that Pate objected to were “Are you self-abusive?” and “Are you sexually inappropriate?

“The DSP is long overdue for a thorough review and reform,” said Pate. “The Liberals announced this review and reform in their election platform. Now is the time to begin the process. 19,000 Islanders living with disabilities are looking to the government for relief. Getting rid of the DSP Screening Tool is one step in the process,” added Pate.

In a separate ruling, the PEI Human Rights Commission ruled in June that the DSP Screening Tool was inappropriate for children. The government announced it would seek a replacement.

On August 22nd 2007, Sharon Cameron the Deputy Minister of Social Services and Seniors wrote the Acting Privacy Commissioner that the Department was no longer using the screening tool.

Acting Privacy Commissioner Rose acknowledged the Department had discontinued use of the screening tool. She further recommended that any replacement tool “undergo a comprehensive Privacy Impact Assessment prior to …implementation.”

PEI Disability Alert is a not-for-profit group providing advocacy support to Islanders with disabilities.

Autism society applauds Human Rights decision

Guardian Autism society applauds Human Rights decision photo

The Guardian
July 10, 2007

A recent Human Rights Commission decision on the Disability Support Program is good news for Island families affected by autism, says the Autism Society of Prince Edward Island.

autism+pei Autism society applauds Human Rights decision photo
The commission recently ruled important aspects of the province’s Disability Support Program are discriminatory on the basis of age and disability.

“The families involved in this case demonstrated tremendous courage in standing up for the rights of their children and the Autism Society of Prince Edward Island congratulates them for their determination. Moreover, the decision of the Human Rights Commission provides for renewed optimism.”

Pineau is confident the ruling will help influence future decisions to be made by the provincial government when it comes to treatment of autism spectrum disorders on Prince Edward Island and the application of disability supports in general.

Latest News: Currie promises review for services for disabled

Guardian Latest News: Currie promises review for services for disabled photo

The Guardian
At 1:48 PM on 08/07/07

Social Services Minister Doug Curries is promising a top to bottom review of P.E.I.’s services for the disabled, reworking the Disability Support Program recently found to discriminate against some claimants.

“With the baby boomers aging and life spans getting longer, the numbers of people with disabilities are going to increase,” Stephen Pate PEI Disability Alert.

Last week, P.E.I.’s Human Rights Commission ruled that the DSP was discriminatory in imposing a financial means test on the parents of disabled children and in employing a screening questionnaire that gave greater weight to physical challenges than mental challenges.

On Thursday, Currie said government would try to bring disability support into line with the right’s commission finding and closer to the needs of program clients.

One thing we’re doing right away is getting rid of the means test for parents of disabled children under the age of 18, retroactive to July 1″ he said.

“I understand that there are around 211 children whose families fall into that category. We think that removing the means test for them could cost around $500,000.”

The tougher job for Currrie comes this fall. He said his department will work with clients of the DSP and with groups representing disabled people to come up with a replacement for the controversial FIM (functional independence measure) screening questionnaire.

The end result, the minister said it a redesign that brings aid for the disabled into line with their needs.

“The FIM was one of 30 different screening tools that they examined in setting up the DSP. I’d like to talk to somebody about the other 29 screening tools and some of the different approaches around it,” he said.

“I think it will be important to sit down and talk to people who have been in the DSP and with workers on the front lines. What did they like about it? What didn’t they like about it?”

Stephen Pate, founder of the advocacy group Disability Alert, said he’d be glad to see government talk to the community and take an open-minded look at what the future needs of disabled Islanders might be.

“With the baby boomers aging and life spans getting longer, the numbers of people with disabilities are going to increase,” he said.

“It won’t be as bad as it might sound. There are about 19,000 Islanders with a disability and only around 20 per cent not getting their needs met. Some of it’s easy. There are 500 or so people who need grab bars in their baths. That’s a $300 project but you do it once and it’s done.”

Prince Edward Island Goverment Responds to Human Rights Commission Decision on Disability Support Program

Government decides to eliminate income testing of parents of minor children

pe dougcurrie Prince Edward Island Goverment Responds to Human Rights Commission Decision on Disability Support Program photo

Health Minister Doug Currie

The Government of Prince Edward Island has made the decision to eliminate income testing of parents of minor children, 18 years of age and younger, who receive benefits from the Disability Support Program retroactive to July 1, 2007

“Cabinet made this decision in the wake of the decision of the Human Rights Commission with respect to the Disability Support Program,” said Hon. Doug Currie, Minister of Social Services and Seniors. “Beyond this program change, Government is committed to a comprehensive review of programs and services available to individuals with disabilities and their families, including and beyond the Disability Support Program.”
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P.E.I. discriminating against disabled, panel rules

pe top humanrightscommissio P.E.I. discriminating against disabled, panel rules photo
gn cbc logo P.E.I. discriminating against disabled, panel rules photo

Income testing and abilities screening discriminate against disabled children

Last Updated: Wednesday, June 27, 2007 | 2:02 PM AT CBC News

Four families who took the cases of their children to the P.E.I. Human Rights Commission had mixed results in a decision released Tuesday.

The families were successful on two issues brought to the human rights panel: challenges to income testing for the families of children with disabilities, and the province’s use of an abilities test to assess the needs of the mentally disabled.

Related Stories
* Disability Alert Breaking News: PEI Human Rights rules in favour of parents with autistic children, Tuesday June 26 2007 9:06 PM

* Guardian: Panel gives partial win to parents of disabled kids, Wednesday June 27 2007 12:19 AM

* PEI Human Rights Panel Decision June 26, 2007


On a third issue, a challenge to maximums in place for support to individuals, the province was found not to be discriminating.

The first issue addressed in the panel’s decision dealt with the use by the province of a test called the Functional Independence Measure (FIM) to determine the level of need of disabled individuals.

The families of Benjamin Wonnacott and Jewel Douse argued FIM was better suited for measuring the needs of the physically disabled, and therefore discriminated against the mentally disabled. The human rights panel agreed.

“The FIM screening tool used to assess their level of functioning placed the mentally disabled Complainants at a higher level of functioning than warranted by all of the needs and circumstances of their disabilities and lives,” the panel wrote in its ruling.

“Discrimination resulted from the differential treatment.”

On the question of income testing, the families of Wonnacott, Douse and Michael Murphy argued they were being discriminated against because income testing was not applied to disabled adults. The province argued that under law children were the responsibility of their parents, and therefore income testing was warranted.

Again the panel found for the complainants.

“The Complainants are being denied the same level of benefits accorded to others in the same situation, save for age,” the ruling reads.

“It would be inconceivable to consider that Provincial subordinate services or policies be interpreted so as to allow differential treatment of disabled children.”

The panel noted that it did not believe the discrimination was intentional, but intent was not a factor in determining discrimination.

Caps to benefits allowed

On the question of the capping of benefits the families were not so successful.

Michael Murphy’s family was joined by the family of 25-year-old Adam Bateman. Both families argued the $3,000 a month provided by the Disability Support Program was insufficient and discriminatory.

The panel found while the families clearly had expenses in excess of the available support, the government was not discriminating in putting a cap on benefits. It said the intention of the Disability Support Program was not to meet all costs, and the government had the right to assign finite resources as it saw fit.

It found similarly for lifetime caps on modifications to homes and vehicles in a challenge brought by the families of Jewel Douse and Michael Murphy.

A time for a hearing to determine damages where discrimination was found has not been set.

Panel gives partial win to parents of disabled kids

Guardian Panel gives partial win to parents of disabled kids photo

RON RYDER
The Guardian

A human rights panel has given a partial victory to parents of disabled children challenging P.E.I.’s disability support program.

In a decision handed to claimants Tuesday, the Human Rights Commission agreed with some of the parents’ assertions that there were discriminatory provisions in the way the DSP provides funding to disabled Islanders and their families. The panel is expected to make the full text of its decision public today.

The DSP provides support to some 1,100 clients, paying out about $8 million annually for equipment and services.

Claimants Vic Douse, Carolyn Bateman, Brad and Dale Wonnacott, and Margaret Murphy have challenged several aspects of the program, acting on behalf of their own children.

Dale Wonnacott — who filed a claim on behalf of her son, Benjamin — said Tuesday that she had been told the families won part of their case.

“We haven’t seen it yet but we have talked to our lawyer,’’ she said. “It seems like we won part of it, but there were aspects of the case that the panel ruled were not discriminatory.’’

The case challenged the DSP on several key points, including the practice of testing for family income, the use of a single questionnaire to determine support for all types of disability and the imposition of a cap on spending.

The decision leaves government with the option of challenging the panel’s findings in court, but Wonnacott said she’s hopeful this becomes an occasion to re-open the DSP process.