Covid inquiry fails to explicitly mention disability once as it consults on draft terms of reference

The public inquiry scrutinising the UK’s response to the coronavirus pandemic has published a list of areas it may investigate, with the word ‘disability’ not having a single mention in the document.

The news is despite disabled people making up 60% of Covid deaths between January and November 2020, and a campaign by the deafblind charity Sense for the inquiry to focus on the impact of the public health crisis on disabled people and their families.

The draft terms of reference (TOR) put forward by the government were revealed on Friday, with the consultation open until next month.

The two-page document reads: “The aims of the inquiry are to examine the COVID-19 response and the impact of the pandemic in England, Wales, Scotland and Northern Ireland, and produce a factual narrative account.

“[This includes] in relation to central, devolved and local public health decision-making and its consequences […] how decisions were made, communicated and implemented; […] shielding and the protection of the clinically vulnerable [and] restrictions on attendance at places of education.”

The UK Government’s communication with disabled people has been widely criticised throughout the pandemic, with Number 10 losing a judicial review last year over its failure to broadcast two Covid data briefings with British Sign Language (BSL) interpretation.

Elsewhere, the Department of Health and Social Care agreed to review its coronavirus communications after it was threatened with legal action over inaccessible shielding letters for blind and visually impaired people.

The draft TOR later goes on to mention that it would examine “the response of the health and care sector across the UK”, including the use of ‘do not attempt cardiopulmonary resuscitation’ (DNACPR) orders.

It then concludes: “In meeting these aims, the inquiry will […] consider any disparities evident in the impact of the pandemic and the state’s response, including those relating to protected characteristics under the Equality Act 2010.”

The Inquiry has opened a four week public consultation on its draft Terms of Reference. The Terms of Reference set the scope of the Inquiry.

Have your say here: https://t.co/GesQ3GPtJ1 pic.twitter.com/owdfvDb25N

— UK Covid-19 Inquiry (@covidinquiryuk) March 11, 2022

Baroness Heather Hallett, chair of the inquiry, wrote in an open letter that the inquiry team would be visiting areas across the four nations of the UK to “gather the views of bereaved families, community and support groups, and other organisations”.

“I will then carefully consider your views on the draft Terms of Reference before recommending any changes to the Prime Minister,” she said.

The crossbench peer – who acted as coroner in the inquest into the deaths of the 52 victims of the 7/7 bombings – added evidence will be gathered “throughout the year”, with public hearings expected to take place in 2023.

She continued: “I will do everything in my power to deliver recommendations as soon as possible, to ensure that in any future pandemic, the suffering and hardship many of you have experienced is reduced or prevented.

In February, disability campaigners delivered a petition signed by almost 39,000 people to Downing Street, calling for a key section of the inquiry to cover the impact of COVID-19 on disabled people and their families.

They also demanded that the panel leading the inquiry to be representative of disabled people, and for the investigation to be run in an accessible way.

However, a video on the inquiry’s website explaining the consultation comes without BSL interpretation, and there is currently no option for Deaf people to sign their response to the draft TOR.

In a statement to The Limping Chicken, Sense said they were “disappointed” to see that disabled people were not specifically referenced in the document, but pointed out that the community would be covered under the section relating to “protected characteristics under the Equality Act 2010”.

The publication of the Terms of Reference is a good first step, but the idea of having to wait until next year for public hearings is a real disappointment to many.

We need more urgency – and a commitment that this process will be fully accessible for disabled people. (2/3)

— Sense (@sensecharity) March 11, 2022

A spokesperson said: “For over a year Sense has been calling for an urgent inquiry to investigate the disproportionate impact the pandemic has had on disabled people.

“We believe the decisions and policies that led to such a disastrous outcome for disabled people must be investigated.

“The long-awaited publication of the Terms of Reference is a step forward, but the prospect of having to wait until next year for public hearings will bring huge disappointment to many.

“We want to see more urgency – and a commitment that this process will be fully accessible for disabled people.”

Ian Noon, Head of Policy at the National Deaf Children’s Society, added: “Deaf children and young people were hit hard by the pandemic. They faced isolation at home after being suddenly cut off from their friends and lost access to vital support networks, such as the specialist staff they rely on.

“In education, two thirds of them found online lessons difficult to understand and many struggled to keep up. When they finally returned to school, there was a new challenge to overcome in the form of face masks, which made lip reading impossible and facial expressions difficult to read.

“There are important lessons to be learned from the pandemic, particularly in education. One of these should be that the needs of deaf children, and all disabled children, need to be considered whenever major changes are made.

“There are more than 50,000 deaf children in the UK and their needs must be part of the conversation.”

After The Limping Chicken approached the UK COVID-19 Inquiry about the accessibility of the consultation, a spokesperson said those wishing to obtain information about the inquiry in an alternative format should email contact@covid19.public-inquiry.uk.

They added: “A member of the Inquiry team will respond within ten working days.

“Ensuring the Inquiry is accessible is important.”

On how Deaf people could respond to the consultation in BSL, the spokesperson continued: “People can contact the Inquiry in a number of ways, including via email or in writing.

“We would look at every request and consider how best to support the individual and will use relevant accessibility experts where needed.”

SignHealth and the Royal National Institute for Deaf people (RNID) have also been contacted by The Limping Chicken for comment – as well as Number 10.

The consultation is now open until 7 April, with more information available on the inquiry’s official website.

By Liam O’Dell. Liam is an award-winning Deaf freelance journalist and campaigner from Bedfordshire. He can be found talking about disability, theatre, politics and more on Twitter and on his website.

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Update – 14/03/22 – 12:30: In response to the publication of the draft TOR, a SignHealth spokesperson told The Limping Chicken: “SignHealth feel it is reasonable to expect that the inquiry looks into, especially in light of the judicial review last year, their approach in communicating information to the Deaf community.

“If they do not, then it will be extremely disappointing and demonstrates a lack of care and consideration for the Deaf community, despite the sterling effort and level of work to bring it to their attention by the #WhereIsTheInterpreter campaign.”

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Update – 25/03/22: Roger Wicks, RNID’s Associate Director for Policy and Campaigns, said in a statement issued to The Limping Chicken that the charity “welcomes” the inquiry’s launch, and encouraging supporters to respond to the consultation on the draft TOR.

“We hope there is a genuine commitment to examining the disproportionate and destructive impact the pandemic had on disabled people. While we welcome the inquiry’s focus on people with ‘protected characteristics’, disabled people were often an afterthought in the response to the virus.

“This must not happen in the inquiry, and disabled people should be explicitly mentioned in the terms of reference, so they can be assured that their experience will be fully explored and the necessary lessons learned.”

Mr Wicks went on to add that alongside individuals who are clinically at risk from coronavirus, the TOR should include “people who were at risk because they are not fully included in society”.

He continued: “Many deaf people and people with hearing loss were not clinically vulnerable, but didn’t have access to public health information because it wasn’t delivered in an accessible way. This was especially true for BSL users, who missed out on essential public health messages which were not translated, putting them at greater risk.

“The inquiry must examine the accessibility of public facing information during the pandemic from the Government and NHS, and the inquiry itself must be fully accessible to deaf people and people with hearing loss – including BSL users who want to view information or submit a response in BSL.”