Breaks for Carers of Disabled Children Regulations 2011

Debate between Baroness Jones of Whitchurch and Lord Rix

Tuesday 25th January 2011 Grand Committee

[Baroness Jones of Whitchurch]

My Lords, I thank the Minister for his explanation of the purpose behind the regulations. As he acknowledged, the issue of breaks for carers was taken extremely seriously by the previous Government, which set out the groundwork for these regulations in the Children and Young Persons Act 2008 and set in train a major investment in support for disabled children through the aiming high for disabled children programme. Our main concern now is to ensure that the progress, the investment and the momentum created by the previous Government are maintained.

The whole issue has come to the fore in the very sad case reported in the press last week of Riven Vincent, who has asked her local authority to take her severely disabled child into care as she can no longer cope because of the lack of respite care. Although this single case has hit the headlines, we can be sure that many other parents are struggling with similar crises in their lives. It is therefore vital that we get the provisions right and relevant to meet the known needs of the estimated 700,000 disabled children in England.

The Government have changed the original intent of the legislation in a number of key ways, including: removing the ring-fencing of the funds, to which the noble Lord has already referred; the monitoring and assessment via the children and young people’s plan; and granting greater autonomy to local authorities to interpret their responsibilities in this area. I hope that the Minister will be able to reassure me that the priority for breaks for carers envisaged in the Act will be maintained.

I have a number of questions for the Minister. First, the department’s own impact assessment states:

“We consider that where LAs indentified and funded their own delivery support, only high performing LAs would continue to improve, leaving a mixed picture of services for families in need”.

Can the Minister reassure me that there will be a comprehensive breaks service across the country rather than the rather patchy service suggested by his department?

Secondly, there was considerable pressure on local authorities to prepare for the duty that would have come into force in April 2011, and a great deal of progress has been made. Can the Minister give an assurance that the Government’s new emphasis on local autonomy will not let local authorities off the hook, so that they are forced to give this issue priority rather than responding to vocal local pressures from electors to fund other issues?

Thirdly, how will the Government monitor progress? What information will be collected centrally and how will the quality of local services for the carers of disabled children be assessed?

Finally, how will the Government ensure that the needs of the most vulnerable families are protected, given that disabled children are much more likely to live in poor housing and be in the lowest income groups? For example, children from BME families are the least likely to access the services currently available. Is there not a danger that services will be provided only to those who shout the loudest and not to those who are the most vulnerable and least able to stand up for themselves and argue for provision in their area?

I hope that the Minister will be able to reassure me on these points.

[Lord Rix]

My Lords, I welcome the introduction of these draft regulations by the coalition Government. As your Lordships may be aware, in March 2008, along with the noble Lord, Lord Adonis, I tabled an amendment to the then Children and Young Persons Bill on this matter. The amendment created a new duty for local authorities to help parents caring for disabled children by providing them with breaks from their caring responsibilities. As the Minister has already kindly stated, my involvement in the campaign for short breaks for disabled children has lasted for many years. I think I introduced a Private Member’s Bill about short breaks as long ago as 1994. It went through the Lords but crashed in the House of Commons. I know that representatives from across the disability sector, including Mencap, of which I am president, and Every Disabled Child Matters, will welcome the introduction of these regulations.

The case for this new duty could not be stronger, and I welcome the £800 million identified by the Government over the next four years to help local authorities provide these short breaks. However, when faced with the competing demands of filling potholes, weekly rubbish collections and street cleaning, I fear that the temptation on local authorities to spend money for short breaks in other areas could be very seductive. That is why I would have preferred to have seen these funds ring-fenced for the specific purpose of short breaks, perhaps with a provision also to address the needs of all disabled people, including adults. It is important to remember that for many parents of disabled children, their responsibilities as carers will continue long after their sons and daughters have grown up. This is particularly the case for adults with profound and multiple learning disabilities, where the case for short breaks is arguably even stronger. However, I acknowledge that this is probably a debate for another day.

As we have been reminded, the pressure on funds for short breaks and respite services received much attention only last week, when we saw a great deal of coverage in the national media about Riven Vincent, a mother who asked for her six year-old daughter, Celyn, to be placed into care after she received a letter from Bristol social services informing her that no more respite care would be available. This extremely unhappy story highlights why it is so important for the parents of disabled children to have regular access to short breaks. Despite the pressure of cuts to services, we must ensure that the funds announced by the coalition Government reach their intended audience, together with the new duty on local authorities to provide short breaks. Can the Minister assure me that these funds will be used for those whose needs are addressed by these regulations?