Children and Families Bill

Baroness Pitkeathley Excerpts

Wednesday 20th November 2013 Grand Committee

Moved by

[Baroness Pitkeathley]

267EA: After Clause 98, insert the following new Clause—
“Welfare of disabled children
(1) The Children Act 1989 is amended as follows.
(2) After section 23A insert—
“23AA Welfare of disabled children
Regulations, subject to approval by resolution of both Houses of Parliament, shall provide for those who care for disabled children to have the same entitlement to a carer’s assessment as young carers and adults caring for adults.””

[Baroness Pitkeathley (Lab)]

My Lords, I begin by apologising for being such a latecomer to this Bill, over which so many of your Lordships have laboured long and hard. The reason is simply the clash of commitments that we so often have to contend with in your Lordships’ House: I was very involved with the Care Bill, and it is on the subject of the Care Bill that I now rise to speak.

Your Lordships will know that the Care Bill enshrines in legislation many more rights for carers than hitherto. Adult carers featured strongly in the Care Bill and thanks to the Government being willing to listen and amend the Bill—and to what we might call a pincer movement between the Care Bill and the Children and Families Bill—young carers have similarly been well recognised. However, in spite of much effort—much of it focused in this Bill by many noble Lords and noble Baronesses present today—the rights of parent carers remain weaker than those of other carers.

When I moved a similar amendment to the Care Bill, the Minister was kind enough to say that he recognised my concerns and would consider them. The outcome of those considerations was that the proposal would sit better in this Bill and it is for that reason I am moving it today. Briefly, as I know that many noble Lords are familiar with the issues, the purpose is to strengthen the rights of those who care for a disabled child to receive an assessment of their need for support in line with the assessment rights of adults caring for adults and of young carers.

It is vital that the rights of parent carers to assessment and support are not lost in the current legislative reform of carers’ rights and that their rights are enhanced along with those of other carers.

Like other carers, parents of disabled children already have an existing right to request a separate assessment of their own needs, which is in addition to having their needs assessed as part of their child’s assessment under the Children Act 1989. The existing rights for parents to have their needs assessed separately were introduced in three Private Members’ Bills, with which I was involved and which will be familiar to many of your Lordships. The three Acts were taken through Parliament with cross-party support, in recognition of the huge contribution that carers make and of the need to set out clearly in law their rights to receive support for their care and their right to a life outside caring.

--- Later in debate ---

The reforms outlined in Part 3 of the Bill, along with wider reforms in education and health, will strengthen the current system further for children and young people with SEN, including those who are disabled, and will give much greater and more joined-up support to parent carers. We should also review the draft SEN code of practice to ensure that the existing legislation is clarified to make very clear the support that is available to parent carers. I have listened to noble Lords’ comments today and I will pass them on to my honourable friend the Minister for Children and Families prior to his meeting, so I urge the noble Baroness, Lady Pitkeathley, to withdraw her amendment.

[Baroness Pitkeathley]

My Lords, I had hoped that we were making a bit of progress, but I am having a kind of throwback moment. When many of us first started getting the issue of carers on to the social policy agenda—many noble Lords here will remember that—I used to be told, “Oh, you can’t think of the needs of carers. The needs of the disabled person or the older person have to be paramount and you’ve got to think of those first. If you look at the rights of carers, you’re going to undermine those roots”. I am hearing the same argument tonight and I find it extremely disappointing. However, we made progress on the other matter: everybody now understands that you can look at the rights of the disabled or older person and the rights of carers and not undermine either of them—the two are inextricably entwined. Therefore, I continue to hope that we will still be able to make progress. We have fundamentally failed to get Ministers and their officials to understand that there is a difference between being the parent of a disabled child and being a parent. There is a fundamental difference and it needs to be looked at. Having had the support of so many of my noble colleagues tonight, I feel that I have a window to come back to this on Report. However, in the mean time, I beg leave to withdraw the amendment.

Amendment 267EA withdrawn.