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There is profound confusion on campus right now around the distinctions between free speech, civil disobedience and lawlessness. At the same time, some schools also seem confused about their fundamental academic mission. Does the university believe it should be neutral toward campus activism — protecting it as an exercise of the students’ constitutional rights and academic freedoms, but not cooperating with student activists to advance shared goals — or does it incorporate activism as part of the educational process itself, including by coordinating with the protesters and encouraging their activism?
The simplest way of outlining the ideal university policy toward protest is to say that it should protect free speech, respect civil disobedience and uphold the rule of law. That means universities should protect the rights of students and faculty on a viewpoint-neutral basis, and they should endeavor to make sure that every member of the campus community has the same access to campus facilities and resources.
That also means showing no favoritism between competing ideological groups...All groups should have equal rights to engage in the full range of protected speech, including by engaging in rhetoric that’s hateful to express and painful to hear...
Still, reasonable time, place and manner restrictions are indispensable in this context. [These] restrictions are content-neutral legal rules that enable a diverse community to share the same space and enjoy equal rights.
Noise limits can protect the ability of students to study and sleep. Restricting the amount of time any one group can demonstrate on the limited open spaces on campus permits other groups to use the same space. If one group is permitted to occupy a quad indefinitely, for example, then that action by necessity excludes other organizations from the same ground...
Civil disobedience is distinct from First Amendment protected speech. It involves both breaking an unjust law and accepting the consequences...[T]rue civil disobedience ultimately honors and respects the rule of law...
But what we’re seeing on a number of campuses isn’t free expression, nor is it civil disobedience. It’s outright lawlessness...And when protests become truly threatening or intimidating, they can violate the civil rights of other students, especially if those students are targeted on the basis of their race, sex, color or national origin.
The end result of lawlessness is chaos and injustice. Other students can’t speak. Other students can’t learn. Teachers and administrators can’t do their jobs.
[C]ampus chaos is frequently the result of a specific campus culture. Administrators and faculty members will often abandon any pretense of institutional neutrality and either cooperate with their most intense activist students or impose double standards that grant favored constituencies extraordinary privileges...
[This] creates a culture of impunity for the most radical students. Disruptive protesters are rarely disciplined, or they get mere slaps on the wrist. They’re hailed as heroes by many of their professors. Administrators look the other way as protesters pitch their tents on the quad — despite clear violations of university policy. Then, days later, those same administrators look at the tent city on campus, wring their hands, and ask, “How did this spiral out of control?”
There is a better way. When universities can actually recognize and enforce the distinctions between free speech, civil disobedience and lawlessness, they can protect both the right of students to protest and the rights of students to study and learn in peace...
[Universities should] declare unequivocally that they will protect free speech, respect peaceful civil disobedience and uphold the rule of law by protecting the campus community from violence and chaos. Universities should not protect students from hurtful ideas, but they must protect their ability to peacefully live and learn in a community of scholars. There is no other viable alternative.

• favorably cites Vanderbilt's response to protesting students by expelling and suspending those who engaged in vandalism and assault
• says Columbia and USC capitulated to "chaos"
• thinks the University of Texas at Austin took an "excessively draconian response" and Emory University's "violent police response" was unjustified.

'... failed to take all appropriate measures to address grave and systematic violations of the human rights of persons with disabilities and has failed to eliminate the root causes of inequality and discrimination... This failure exists particularly with respect to the State party’s obligation to guarantee the right of persons with disabilities to live independently and be included in the community, to work and employment, and to an adequate standard of living and social protection...'

• the work capability assessment (WCA) -

'... [the] process is complex and onerous, the application itself has increased in size, which means that many applicants opt out of completing the application. Applicants are not always allowed assistance or support in assessment meetings, and assessors are inexperienced and/or unqualified in working with and understanding the lived experience of disabled people, in particular to people with intellectual and/or psychosocial disabilities.'

• the Data Protection and Digital Information Bill and, in particular, automated decision-making -

'There is a tangible concern that artificial intelligence tools and algorithms may harbour inherent biases, potentially leading to punitive measures that, fundamentally, could impart a sense of criminalization and psychological distress among individuals.'

• benefit deaths -

'The evidence received revealed a disturbingly consistent theme: disabled people resorting to suicide following the denial of an adequate standard of living and social protection, starkly contradicting the foundational principles enshrined in the Convention.'

• refugees and asylum seekers -

'The Committee is deeply concerned by reports that disabled refugees, asylum seekers and those in refugee-like situations do not receive adequate benefits and support to live in the community, and are experiencing challenges in obtaining personal assistants, assistive devices, accessible housing and essential disability supports.'

• take all legislative and administrative measures necessary to ensure a nationally consistent framework to implement and monitor obligations under the Convention across the UK, and establish a comprehensive consultative process to closely consult with and actively involve persons with disabilities through their representative organisations in the National Disability Strategy;
• take all legislative, policy and administrative measures to prevent, review and respond to occurrences of ‘unexpected deaths’ and ‘benefit deaths,’ including appropriate redress and reparation measures for victims’ families;
• undertake an inquiry to examine the impact of the WCA and its replacement, to ensure that any assessment process recognises the dynamic relationship of individual circumstances with the environment is trauma-informed, based on the human rights model of disability, and enables individuals to seek redress for adverse impacts resulting from the process; and
• ensure that the Data Protection and Digital Information Bill establishes safeguards and review mechanisms to prevent the risk of encoded biases in artificial intelligence tools and algorithms, ensuring that such technologies are deployed in a manner that respects human rights, prevents discrimination, and upholds the principles of transparency, accountability, and fairness.

'The government’s attitude towards the UN special inquiry is evidence that their treatment of Deaf and Disabled people is wilful and calculated. This is reflected in the damning findings of the report. The limitations of the inquiry process are that there are just too many deliberate rights violations to include in one report. However, the report validates the experiences of Deaf and Disabled people across the UK and is a much-needed counter to government rhetoric claiming they are 'protecting the most vulnerable' when they are doing the exact opposite.'

"I found it increasingly difficult to look my NHS colleagues in the eye, my patients in the eye, and my constituents in the eye with good conscience."

"The difficulty for the Conservative Party is that the party I was elected into valued public services... it had a compassionate view about supporting the more disadvantaged in society... I think the Conservative Party today is in a very different place."

'... a package of sweeping reforms to put work at the heart of welfare and deliver on his 'moral mission' to give everyone who is able to work, the best possible chance of staying in, or returning to work.'

'There is no excuse for fit and able claimants on unemployment benefits who can work, not to engage with the support available to them or adhere to conditions set by their Work Coach. If someone is assessed as able to work and continues to receive taxpayer-funded benefits, it is right and fair that we expect them to engage fully with this process. There are more than 450,000 people who have been unemployed for 6 months and well over a quarter of a million who have been unemployed for 12 months. These are people who will have had to access intensive employment support and training programmes. There is no reason those people should not be in work, especially when we have over 900,000 vacancies.'

'We will legislate in the next parliament to change the rules so that anyone who has been on benefits for 12 months and doesn’t comply with conditions set by their Work Coach - including accepting available work - will have their unemployment claim closed and their benefits removed entirely. Because unemployment support should be a safety net - never a lifestyle choice.'

• the evidence presented by the DWP did not sufficiently consider or reflect the learning from previous changes to the threshold, contrary to a written commitment that had been given by the government to the Secondary Legislation Scrutiny Committee in January 2023;
• the regulations were at risk of being implemented in a way that -
  • could fail to deliver adequately the government’s stated policy intent of getting more claimants into higher-paid work;
  • would lead to adverse unintended consequences; and
  • could create a risk of significant hardships, for example financial penalties and additional undue burdens for some claimants in vulnerable situations; and
• the draft Equality Impact Analysis did not demonstrate that the Department had paid ‘due regard’ to its equality obligations or considered the impact of the AET on those with protected characteristics.

• develop the evidence base around the circumstances where IWS would be the most effective approach, and for those cases where alternatives should be considered; and
• adopt a slower or phased implementation until it has sufficient numbers of appropriately trained work coaches in place before the influx of around 140,000 additional claimants requiring more intensive in-work support, and all other balancing factors have been considered.

'In the absence of a persuasive rationale for the current timetable for full implementation, we are of the strong view that the Department should review its current plan for these regulations to come into force... and take the time necessary to continue to build its evidence base, ensuring it understands more fully the impacts, risks, and what potential mitigations may be required.'

'The Department is committed to delivering the increase to the AET and provide more intensive support to in-work customers... Jobcentre managers continually prioritise operational activity and the activities our work coaches undertake. Operational decisions are always made to ensure customers have the best outcomes possible. As with previous changes to the AET, operational managers will ensure that the pace of rollout of this change is aligned with both their available work coach resource and the need to deliver other priority activities.'

'How has the Department allowed overpayments which, in some cases, clearly cover quite a few years, to accumulate? From real-time information from His Majesty’s Revenue and Customs, the Department knows what people are earning, and it can stop payment of carer’s allowance to those who are no longer eligible. Indeed, the Government’s response to the [Select Committee's 2019 report] confirmed that there is an automatic notification when weekly net pay exceeds the carer’s allowance earnings limit, yet the Department does nothing, instead allowing people to build up these huge overpayments, and then prosecuting them. Carrying on in that way is not right.'

'... the issue will be if they have been on carer's allowance for a long time, particularly if they were there before VEPs existed... they may have built up overpayments over quite a long period, and by the time that we've uncovered them, it's something we're seeing in the press reporting at the moment.'

'All that I would say, you wouldn't expect me to discuss individual cases and I want to be absolutely clear that the DWP does not prosecute. We will investigate where we've had those cases. We will refer that evidence from our investigators to our Crown Prosecution Service (CPS) and then they will base it on the public interest test and then they will take that to the courts and the courts will decide on that.'

'We are a learning organisation, but I would hasten to add that in all cases there's always more that obviously the judge has looked at, the CPS has looked at. Therefore what we see in the paper isn't always the whole picture.'

• 2020/2021 - 14,900 - £0.747
• 2021/2022 - 26,300 - £1,309
• 2022/2023 - 24,800 - £1.241
• 2023/2024 - 30,100 - £1.506

• fully engage in the VEP administration process;
• effectively utilise funds to process all of the tasks sent; and
• accurately complete management information to record VEP task outcomes within the VEP service.

'... the code of practice is already in development; we are working positively with around eight leading financial institutions through an established working group that meets regularly to shape the code.'

'... it will provide guidance on issues such as the nature of the power and to whom it will apply. It will also provide information on safeguards, cover data security responsibilities and provide information on the appeals processes should a third party wish to dispute a request.'

'These powers could do anything from something that might sound very proportionate to something that might sound entirely disproportionate, and we simply have not heard anything that enables us to make a judgment... I therefore ask the Government to think again before Report about ways in which they might provide assurance about a more contained and proportionate approach to these measures.'

'Around one in five households on tax credits who received a migration notice have not moved to universal credit and so have had their benefit stopped. The median value of tax credits received by people who did not claim universal credit was £3,200 a year. The Department has a limited understanding of why some people do not switch to universal credit, but says it is reassured by having received only 20 complaints about the migration process from April to December 2023. But this does not provide sufficient assurance that people are not falling into hardship.'

'Organisations who work with benefit claimants are also concerned about the proportion of legacy benefit claimants not transferring to universal credit and the financial impact it may have on them. The Department expects the non-claim rate for households claiming its legacy benefits, who are being migrated from April 2024, will be much lower at around 4 per cent. However, even a small proportion of people not transferring to universal credit could translate into a substantial number of people facing financial hardship.'

'The Department should publish by the end of August 2024 the universal credit non-claim rates by type of legacy benefit, and set out the action it is taking in the event that the non-claim rates are higher than expected. Before the end of the year, the Department should also publish the results of the survey of those tax credit claimants who did not apply for universal credit alongside a statement of what lessons it would learn.'

• set out what it will do to monitor the adequacy and effectiveness of the in-house support it provides to claimants moving to universal credit, particularly whether it has sufficient capacity to meet the need for face-to-face support; and
• explain how it will keep the operation of the Citizens Advice Help to Claim service under review in light of the fact that it no longer offers face to face support, and the actions it will take should the service be unable to meet demand, particularly for vulnerable claimants.

'The Department should explain better in its guidance and the migration notices it sends to claimants how transitional protection is calculated, using simple language and examples based on real cases.'

'The government predicts that universal credit will generate £10.4 billion of benefits a year once fully rolled-out, with £6.1 billion coming from increased employment. However, analysis of DWP’s evidence base that universal credit is benefiting the labour market found that the DWP cherry-picked positive facts and also made other assumptions not supported by empirical evidence.'

'Our Committee has scrutinised universal credit since its inception. We must not forget how massive a change it is to how benefits are delivered, impacting millions of people. This means if the transition from legacy benefits to universal credit fails even an apparently small proportion of people, it will lead to real world misery for thousands. The DWP must make sure that people are not cast into financial hardship due to a bureaucratic change, and that robust support is in place for those vulnerable claimants who need it most.'

• Full Case Reviews (FCR), that require the local authority to look at and consider all the current claim details and evidence associated with the claim, as well as any other information or evidence they can source for the weekly housing benefit award to be reviewed;
• Housing Benefit Matching Service (HBMS) referrals including Self-employed Earnings Reviews (SERs) based on data matches showing potential undeclared income; and
• the correct recording of cases on local authority IT systems and the return of relevant management information to DWP.

'... we still expect local authorities to undertake FCRs on working age cases but will want to consider the complexity and duration needed to complete any of the working age FCRs highlighted as high risk (as there may be a risk of migration to universal credit action occurring before activities are complete). Local authorities are advised they can move down the list to choose cases that make best use of the funding provided, including pension age reviews which are not subject to migration to universal credit.'

'It is expected there will be a significant reduction in the overall working age housing benefit caseload. So, we ask local authorities to complete the HBMS referrals and SERs as soon as possible as this will maximise the opportunity to remove fraud and error in the housing benefit caseload ahead of universal credit migration action.'

“My experience of constituents is they don’t generally have a great deal of time or regard for their work capability assessment medical professional.”

“The idea that I’m going to trust a work coach and share my biggest issues and concerns and seek their support and want their counselling if they’ve just told me I’m not getting the extra benefit is extraordinarily unlikely, isn’t it?
It’s just going to destroy the relationship between them and the claimant.
I just can’t imagine many work coaches are going to fancy this sort of flicking through the file and going, ‘You do get the extra money… you don’t.’
It seems like a crazy idea.”

“critical for people with mental health problems so they cannot be retraumatised or hospitalised because of activities that are required by the jobcentre or work coaches”.

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