(3 years, 9 months ago)
Lords ChamberMy Lords, I pay tribute to the noble Baroness, Lady Campbell, and other noble Lords, including my noble friend Lord Shinkwin and the noble Baroness, Lady Grey-Thompson, who have spoken in favour of these amendments. They seek to ensure that domestic abuse, as defined in Clause 2(1), covers those people who are disabled—and often, perhaps, elderly—as well as all other groups.
Such citizens can be in a deeply intimate yet non-sexual relationship, due to their need for someone to care for them, perhaps in their home. They need someone to care for them just to survive, and so that they can live their life as independently as possible. If these people are abused by someone who helps them in their own home, why would they not be covered in exactly the same way as other groups, including spouses, friends, partners and their children, who currently meet the definition in the Bill?
In this country, there is sometimes a cultural disinclination to talk about or engage closely with the issue of people who need care or who live with disabilities. This may even explain why social care reform is constantly pushed into the proverbial long grass. Yes, this can be a complex subject, and not everybody wants to discuss it, but why would someone who is cared for by another, who may be paid or unpaid, not be entitled to the same protection as a spouse who is abused by their partner? If the Government wish to support people who live in their own home, especially as we have an ageing population, and to be in the community, which disabled or elderly people usually want, developing a strong system of protection for cases of abuse is essential. This landmark Bill is an ideal place to start.
The vast majority of carers are angels. They are heroes, who carry out their demanding and often draining role with compassion, dedication and sensitivity. However, as other noble Lords have explained, there are distressing examples of when they have abused highly vulnerable adults in their care.
I support the rights of disabled people, as I know the Minister does. I know that she cares passionately about this group of wonderful individuals in our society, but I find it difficult to understand why the Government are resisting the inclusion of disabled people within the protections of a Domestic Abuse Bill. Such situations should be placed squarely in the remit covered by this ground-breaking Bill. Is it not time to tackle all cultures of domestic abuse and offer widespread remedies to all citizens? Surely this group should be part of that.
My Lords, I know from my personal family and professional experience of people with learning disabilities that domestic violence can involve both paid and informal carers, including family members. I will not repeat the excellent points made by the noble Lord, Lord Curry. I am very pleased to support my noble friend Lady Campbell and to follow such powerful speeches.
The weakness in the Government’s position is that it underestimates the important similarities between carer relationships and those already in the Bill. It perhaps assumes that local authorities or the CQC will have sight of all carer arrangements, particularly for informal care, but this is just not true. I quote the January Stay Safe East report on discrimination, which says:
“The current definition of domestic abuse has a discriminatory impact on disabled victims of domestic abuse by non-family carers, who have no access to an Independent Domestic Violence Adviser, refuges or other domestic abuse services or to the network of therapeutic and other services open to other domestic abuse victims.”
The exclusion of carers from the definition of “personally connected” not only is blind to the reality of the closeness and complexity of carer relationships but would be discriminatory to disabled people on the receiving end of domestic abuse from carers, because they would be excluded from services. The exclusion fails to recognise that the significant relationships of disabled people may be different from those of non-disabled people. This also applies to people with learning disabilities.
My remaining point has already been made, so I will not take up time with it.
(9 years, 1 month ago)
Lords ChamberMy Lords, the Government are committed to this matter and are following it up with research into both the general implementation of the Care Act and the specific impact on former users of the Independent Living Fund. We do not currently have any evidence that those affected by the closure of the Independent Living Fund, 94% of whom were already receiving local authority support, have been unable to maintain the standard of care they require.
My Lords, is the Minister aware that the recent survey by In Control, referred to by my noble friend, found a significant reduction in well-being among those receiving social support? Will not those transferring from the Independent Living Fund also be affected, and how will the Government prevent the situation getting worse for all those receiving care?
My Lords, the Government are committed to spending on care and support for those who are disabled and vulnerable. Indeed, every year between now and 2020, spending will increase beyond the 2010 level. Local authorities supported the changes to the Independent Living Fund, and people will now be dealing with only one system, whereas previously they dealt with two. The ILF was a discretionary trust; now, there is a statutory underpinning to protect users to the minimum required standard.