Children and Vulnerable Adults: Abuse

Baroness Browning Excerpts

Thursday 26th June 2014 Lords Chamber

[Baroness Browning (Con)]

My Lords, I congratulate my noble friend Lady Walmsley on bringing this important debate to the Floor of the House this afternoon, and I refer Members to my interests in the register, in addition to which I am patron of Action on Elder Abuse and the main carer of an adult with autism.

A report by Action on Elder Abuse states that abuse is often by more than one person—something that we sometimes overlook. There is often collusion in abuse between adults—23% of cases are by members of a family and 62% by paid staff. In respect of that, there are three things that I would like my noble friend on the Front Bench to take away from this debate. The first is training, which has already been raised. The Action on Elder Abuse helpline identified that the greatest number of problems it receives have at their heart poor training, so I hope that the Government will concentrate on training, particularly for care workers and those with professional qualifications.

The other is whistleblowing. I support the moves that the Government are about to take in forthcoming legislation to tighten up on whistleblowing. In that context it is also important to state that it is not just about whistleblowing on something that is evidently what we would all recognise as criminal abuse; it needs attention much further down the track than that. Before things get to the level of criminal abuse, people need to feel that they can report it, and do so safely, particularly regarding their own position.

The other thing that I have mentioned before, but which would be remiss of me not to press again, is that we need a proper register for care workers. They do not work just in organised homes; they work greatly in the community and do invaluable work. When we look at the people who are accused of and found guilty of a range of abuses, we still have that rather unquiet feeling that for many, if they have not received a custodial sentence, they can go back into the ether and re-emerge somewhere else to obtain a post caring for another vulnerable person.

My noble friend Lady Hollins raised the shocking case of Winterbourne View, and I take this opportunity to say that we have seen the government report Winterbourne View: 1 Year On, but I still have concerns about report-backs that I hear from the medical profession and others that far too many people with learning disabilities and who present as mental health patients are being detained for far too long and a long way away from their natural home and community. Much as I know that the Government have taken Winterbourne View very seriously, we cannot, as has rightly been said, just accept a tick-list on a well written report. This House needs to be reported to with evidence that change has happened and is happening for these vulnerable people.

Winterbourne View involved adults with learning disability and autistic spectrum disorders. I know the House would expect me to devote some of my contribution to people with autism. While I appreciate that the new Care Act does a lot to make improvements, there is one aspect of it that is going to cause a real problem for people on the autistic spectrum. It commits the Government to introduce a new national eligibility threshold for care and support, which will tell local authorities when they must provide adults with support. Until now, local authorities have had the power to set eligibility for support against one of the eligibility bandings—low, moderate, substantial and critical—which reflect different levels of care need. The new national eligibility criteria are intended to be comparable, but the banding is different. It should be a fairer system, but I suspect that many people on the autistic spectrum will fall through the net.

I would like to share with the House the case of Adrian, who was diagnosed with Asperger’s syndrome when he was 14. Social services assessed his need for support at the age of 18. His parents were concerned that he was putting himself at risk because of the people he was spending time with, and they thought he needed help with the transition to adulthood. The assessment found that Adrian had difficulty interpreting other people’s motives and actions—something that is very common with people on the autistic spectrum—and that he was easily led, which could place him at risk in the community. However, the local authority decided the risks were not sufficient for him to receive support.

Adrian was later bullied and intimidated. His parents continued to contact social services, as well as the police, asking for a reassessment and support for him. After Adrian reported being raped by one of the people who had befriended him, his parents again appealed to the police and social services. Eventually, a small package of evening support was approved. However, five days later, Adrian was murdered by the same person he had accused of rape. Under the Government’s new proposed criteria, Adrian would not have been eligible for support.

I draw my noble friend’s attention to the very first word of the debate we have before us today: “preventing”. With many people on the autistic spectrum, the right package of support—not necessarily a hugely costly package at that—can prevent abuse and neglect. I hope my noble friend will ensure that the Front Bench team from the Department of Health are aware of our concerns about the safety and security of people on the autistic spectrum, and about the change in the Care Act.