Proceeding contribution from Andrew Dismore (Labour) in the House of Commons on Thursday, 5 March 2009. It occurred during Adjournment debate on Adults with Learning Disabilities.
Adults with Learning Disabilities
I agree. Such positive stories do not fit the media narrative. This is not just about case law; there have been plenty of cases in which the Human Rights Act has been used in a positive way to help the rights of people who are at a disadvantage. It is also about trying to instil a change of philosophy and approach in public services, so that people need not go to court, because public services are delivered in a positive, human rights-compliant way—that is, in a way that is respectful towards the service user. We found plenty of examples of that, not only in this inquiry, but in many similar inquiries that we have undertaken. During our inquiry, we received more than 200 submissions, including dozens from people with learning disabilities and their carers. We took advice from the British Institute of Learning Disabilities on how to engage adults with learning disabilities. We took oral evidence from people with learning disabilities. We visited Lewisham college, where we spoke with learners and staff in their school of supported learning. We met members of a local KeyRing housing and support network in south-east London. We visited people with more complex and profound learning disabilities at a resource centre in Bidford-on-Avon and at home in supported accommodation in Evesham. We published our report a year ago in formats including easy-read and audio versions, which we believe is a first for Parliament. A key barrier facing people with learning disabilities is the lack of accessible information, both about matters of interest to them and about their rights. The Government reply was published in May 2008 and we received a further reply in January this year, when the latest version of "Valuing People Now", the Government's delivery strategy for adults with learning disabilities, was published. We also published a report on the UK's plans for ratifying the UN convention on the rights of persons with disabilities, to which I shall return. I very much welcomed the positive spirit in which the Government engaged with the Committee during its inquiry and the serious consideration that they have given to our report. However, I have a number of questions to ask my hon. Friend the Minister about the new version of "Valuing People Now", even though I am pleased to note that the document addresses a number of our key concerns. The Government's strategy for adults with learning disabilities is now more explicitly rooted in human rights and equality, and it is for the Government to deliver that rightly ambitious agenda. There was some good news, too. The old long-stay hospitals have largely gone, but there is still, unfortunately, institutionalised living, with the needs and lifestyle of the individual sacrificed to those of the institution or organisation caring for them. Most people with leaning disabilities now live for much longer and many more survive childhood. There are many active self-help groups. Spending on adults with learning disabilities has doubled, yet there remains huge pressure on budgets. Person-centred planning, the Supporting People programme and direct payment systems all help to encourage independent living. There is much good practice, as we saw on our visits, but there remains a yawning chasm between the policies of "Valuing People" and "Valuing People Now", and the everyday experiences of adults with learning disabilities. I shall now deal with some of the key themes of our report, including supporting adults with learning disabilities in their everyday lives, parenting, health care, the criminal justice system, information provision and advocacy. Those issues affect people with learning disabilities throughout the country every day. I shall conclude by considering what the Government and we in Parliament can do to respect the human rights of adults with learning disabilities better and to improve their lives. One of the main ways in which relatively minor changes could have a disproportionately beneficial impact on adults with learning disabilities is by supporting social relationships and community participation. We heard how staff rotas in residential accommodation too often determine when adults with learning disabilities can go out and when they must return home. Residents may be able to go out only if they are in a group, accompanied by carers. One resident told us, "Our carers' shifts change at 9 pm, so we have to leave the leisure centre at 8.30." Another told us that his carer had said that he could not kiss his girlfriend—the carer said, "We've got to draw the line somewhere." Many complained, "We're stuck at home", "We'd like to go to bingo or the pub" or "We have to go out in a group." Maintaining family contact was sometimes difficult if the person with learning disabilities was placed by the council in out-of-area accommodation. Tightening local authority eligibility rules has led to the prioritising of those with complex needs at the expense of those with less serious problems but, inevitably, smaller sums can disproportionately benefit the less disabled. A small amount of money can go an awfully long way. The factors that I have set out inevitably discourage adults with learning disabilities from forming friendships and relationships—the type of interaction that most people take for granted. In "Valuing People Now", the Government say that they will work with the Care Quality Commission to address that problem. I welcome that: relatively small changes in practice will make a huge difference to the lives of adults with learning disabilities. Will the Minister confirm that that is a priority area for improvement? Housing and genuine choice about housing are of great importance. A high degree of independence is possible with appropriate support, as our visit to KeyRing and our discussions with its residents showed. Indeed, one resident said that she seemed to be looking after the carer, rather than the other way round. There is an unnecessarily strong risk-averse approach to helping people to live independently, which closes down options to the detriment of choice. Paid employment is also very difficult to obtain. In that respect, there has been very little progress, and it is often hampered by benefits issues, yet people with learning disabilities are, with the right support, motivated and reliable employees, as we saw, for example, at Lewisham college. I have visited a similar project in my constituency and seen the same there. Adults with learning disabilities have the same right to vote as everyone else. In practice, however, it is all too common for staff in polling stations to jump to the conclusion that they lack the legal capacity to vote and they are turned away. We in political parties, too, can be guilty of such assumptions when campaigning. The test is whether the individual has the capacity to understand in broad terms the nature and effect of voting, and has the ability to make a choice between the candidates. We called for more guidance to be made available to returning officers, so that they can train their staff to respond correctly to voters with learning disabilities. The Government said that that was a matter for the Electoral Commission. Will the Minister take up that matter with the commission?
Secondary information
- Type
- Proceeding contribution
- Reference
- 488 c324-6WH
- Session
- 2008-09
- Chamber / Committee
- Westminster Hall
- Subjects
- Disability Disclosure of information Disability aids Employment Health services Education Human rights Discrimination Learning disability Training Personal budgets Reasonable adjustments
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- View this Proceeding contribution on www.publications.parliament.uk
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