Securing HIV Community’s Future

posted: 10/02/2011

The future for both people with HIV, community and council HIV services is threatened and unstable now because of the government’s responses to the economic situation. Despite the negative outlook, HIV organisations must focus on making the most of what opportunities there are.
 

A new report, Securing Our Future, makes eight action point recommendations for the HIV community sector, based on the views of people with HIV, findings from an online survey, and the views of HIV organisations.

Securing our Future was the work of three London-based HIV organisations - Naz Project London, Positive East and Positively UK (formerly Positively Women), working together as the Counterpoint Policy Alliance.

8 Community Actions

As a result of all the feedback received from the surveys, focus groups and stakeholders, the Counterpoint Policy Alliance identifies eight key action points or recommendations for the HIV charity sector:

1. Maximise the role of people living with HIV working as peers to address their needs and change perceptions about HIV
2. Ensure the sustainability especially of peer-based personal support services (one-to-one, mentoring and support groups), and mental health counselling for people living with HIV and their families
3. Facilitate a process among people living with HIV to build a shared vision of what the HIV charity sector would look like in 5 years, in 2016 
4. Increase innovative sharing and use of peer volunteers across HIV charities
5. Build a unified and strong advocacy voice across HIV charities
6. Initiate a mentoring programme where larger HIV charities are available to assist smaller ones as / if needed, e.g., to understand the changing economic and social environment, and analytical skills to accurately identify what the implications are for the organisation and how best to respond
7. Encourage more partnerships among HIV charities that share back
   office and service delivery functions
8. Explore merger options among HIV charities that avoid homogenisation, and maintain community relationships as well as the ability to target and tailor for specific needs and sub-populations.

As the report tells us “We are moving into an era of radical revamping of the NHS and how health and social care services are provided.

"It is vital that we maximise opportunities to ensure that the needs, views and experiences of people and communities affected by HIV are at the centre of public policy and development.

"In order to achieve this and take forward the above eight recommendations, there will need to be increasing levels of collaboration across the HIV charity sector.”

Securing our Future

Discrimination and Volunteers with HIV

posted: 09/02/2011

Volunteers do not have the same rights at work as paid workers, and that means disability discrimination at work against a volunteer with HIV remains legal.

The Equality Act 2010 left untouched this loophole in disability rights in the workplace.

This was made clear by the Court of Appeal recently when it threw out a HIV+ woman volunteer’s claim that a Sussex Citizens Advice Bureau had discriminated against her because of HIV, by stopping her working as a volunteer. Her case was backed by the Equality and Human Rights Commission.

 

The Appeal Court ruled that disabled volunteers do not have the disability rights protection of paid workers.

This has revived concerns about the unfair treatment some volunteers face at work.
 

Prospects for volunteer equality?

Mrs X wants to appeal to the Supreme Court, but to do this first she has to convince the court that she has a reasonable legal point that the Appeal Court got wrong. That looks unlikely to succeed. The other hope is for law change, but with the Equality Act less than one year old that is not going to be a priority for Parliament.

Volunteers are not ‘employed’ so don’t have paid workers’ rights
The court found she was not protected by disability rights law for workers because she was unpaid and did not have an employment contract. Mrs X was a volunteer with a law degree, a post-graduate qualification and she also hoped to secure a training contract with the Citizens Advice Bureau so she could qualify as a solicitor.
 

No European rights either
The court also found that volunteers were not protected by the European Union’s equal treatment directive.
 

Alex Eastwood, a legal caseworker for Disability Law Service, said discrimination against disabled volunteers was “all too common”, so it was “strange” they were not covered by the law. He said government welfare reforms were likely to lead to disabled people being forced to undertake voluntary work, but without any protection from anti-discrimination laws. He said: “Employers will therefore have no duty to make adjustments for disabled volunteers or take steps to prevent harassment of volunteers.”
 

‘Big Society’ wants volunteers but without equal rights 
The Equality and Human Rights Commission (EHRC), which “intervened” in the case, warned that if such laws do not apply to volunteers, organisations will legally be able to discriminate against disabled people and other groups. An EHRC spokeswoman said: “Given that many employees begin their working life as volunteers, which provides them with valuable experience which they can use as a step up to paid employment, it seems unfair that certain groups of people can legally be denied this experience.”
 

Andy Williams, from solicitors Charles Russell, who represents Mrs X, said the ruling could stop some people volunteering, harming the government’s “Big Society” programme. He said: “If the government’s Big Society vision involves an increased requirement for volunteers, as things stand those volunteers currently have no legal rights whatsoever.”
 

Discrimination may be legal, but it’s wrong
A CAB spokeswoman said: “The law is clear that volunteers do not have the same legal rights and responsibilities as paid employees. That is not the same as saying that organisations should be able to treat volunteers unfairly.” She insisted that CAB was “committed to equality, values diversity, and challenges discrimination” and had a “range of policies to support disabled people to volunteer”, with more than 1,500 disabled people volunteering across England and Wales last year.

What is the law?

The Volunteering England factsheet tells us:

"Discrimination and harassment           Anti-discrimination legislation applies to employment and the provision of goods and services, so doesn’t cover volunteers because they are not employed under the relevant legal definitions. Volunteering England advises organisations to reflect the spirit of such legislation in their volunteer involvement as a matter of good practice, to help ensure that volunteers are treated fairly and equally.
 

Harassment differs from discrimination, and although the Protection from Harassment Act 1997 doesn’t specifically refer to volunteers, it appears that anyone found guilty of harassment could face imprisonment and/ or a fine, as well as civil action by the person subjected to the harassment.

To summarise, if a volunteer were found guilty of harassment then they could face legal proceedings as well as civil action (although their status would be that of an individual, rather than a ‘volunteer’). Similarly, if a volunteer were subject to harassment, then they (as an individual) would be covered by this legislation.
 

Protection from Harassment Act 1997: The case of Majrowski v Guy's and St. Thomas' NHS Trust (2006) UKHL 34 suggests that it may not just be the abusive or threatening staff member who may be liable - their organisation may have vicarious liability as well. Majrowski v Guy's and St. Thomas' NHS Trust (2006) UKHL 34
 

To summarise, volunteers may have some form of redress against the worst forms of bullying or similar behaviour, but does this does not give them protection against discrimination as such."

Employment rights as a volunteer

Disability Law Service - rights factsheets

Volunteering England factsheet : When things go wrong

Source – Disability Law Service

Professionals for HIV Teens to Adults

posted: 21/01/2011

Professionals in the North of England interested in supporting young people with HIV to make the change from childrens to adult services, are invited to regional meetings.

Growing numbers of HIV teens to adults

Many of the children now growing up with HIV are becoming adults and will need to switch to services for adults. Children's and adults' services staff need to think, plan and work together, for a smooth transition between children’s and adult HIV and other services.

Invitation to regional focus group

The Children and Young People HIV Network has arranged focus groups for professionals in the North of England, (and meetings for other regions) to make a start on developing age transition services locally.

The HIV Network invites all children's and adults' professionals (health sector, social care, and community sector) who are, or will, deliver services to 10 – 24 year old young people living with HIV.

This is part of a three-year project to improve the transition of young people living with HIV from children's to adults' services. The project aims to develop capacity by improving partnership working and enabling quality service development, both clinical and social care.

These focus groups will

• find out any current local arrangements for young people living with HIV making the transition from children's to adults' services
• explore the successes and challenges of transition, in different areas, with different numbers of young people, and identify needs
• provide a networking and discussion opportunity for professionals interested in better transitions.

Transitions won't wait

Despite the current upheavals in health, community and social care, young people’s needs for a better transition will not wait. Each area’s professionals need to become involved.

This networking and sharing opportunity will provide professionals with some useful resources on HIV and transition, lunch, and even travel expenses help for some.
 

Manchester, Sheffield, Newcastle, Birmingham

• For Greater Manchester, Merseyside, Cheshire and Lancashire – Manchester, 15 March, 14.00-16.30
• For North, West & South Yorkshire, East Riding, and Lincolnshire – Sheffield, 10 March, 13.30-16.00
• For Tyne and Wear, Co. Durham, Cumbria and Northumberland – Newcastle, 2 March, 10.00-12.30
• For West Midlands, and Leicestershire, Warwickshire, Worcestershire, Herefordshire, Shropshire, Staffordshire, Derbyshire and Nottinghamshire – Birmingham, 15 March, 12.00-14.30.

Join the group where you would have the most service links. No transition arrangements yet? All the better if you attend.

People working with affected families of HIV-positive adolescents are also welcome, although the focus will be on the transition needs of the HIV+ young people.

Book a place
Please email the Children and Young People HIV Network, telling them which one you would like to attend. All places must be booked in advance so they can book suitable accommodation and cater effectively for all. Live elsewhere? - email the Network for details of meetings in other regions

Saving AIDS Support Grant

posted: 26/05/2010

Before the election, the end of ring-fenced AIDS Support Grant for local councils was announced. The new coalition government has now said it will phase out all types of ring-fenced grants for councils.
 

National AIDS Trust has now written to Paul Burstow (Lib Dem, Sutton & Cheam in Surrey), the new Minister for State for Social Care Services, setting out the need to continue to ring-fence AIDS Support Grant after 2011.

It has also written to Anne Milton, the new Parliamentary Under-Secretary for Public Health.

The new Government has emphasised the importance of public health interventions, and NAT stress the potential public health implications of removing of the ring-fence. Because of this, and given the recent commitment to phase out ring-fenced grants for local authorities, NAT also suggests that the Grant could be paid to PCTs instead, rather than local authorities.
 

Add Your Voice

Organisations and individuals may wish to write to Paul Burstow, or their local MP, to emphasise the vital role of the ring-fenced ASG. NAT’s letter to the minister can be used by people and organisations to make the point that the ring-fence is still needed.
 

Any letters to the minister should reflect the local situation. You might emphasise these points:

• The important role ASG funding currently plays in funding local services
• The impact the loss of the ring fence would have on funding for HIV orgnaisations (it is far less likely that local authorities will continue to fund services without the ring fence - what would happen to people if support is no longer available?)
• Some case studies showing the difference the Grant makes to the lives of individuals and families in your area

NAT 2009 report on The AIDS Support Grant – Making a Difference?

 
Latest Department of Health details on ASG allocations for each council in England and how it should be spent  
 

NW England
AIDS Support Grant 2009-2010 and total HIV population by social services district
download our handy guide for NW England here

The AIDS Support Grant allocations for the current year, April 2010 – March 2011, have not been published – it should be listed as a circular here

Here is gathered information from Freedom of Information requests on AIDS Support Grant in different parts of England 

text of NAT letter to Minister