Care Services: Abuse of Learning Disabled

Lord Addington Excerpts

Thursday 13th December 2012 Lords Chamber

[Lord Addington]

My Lords, this is one of those debates where I think that the general element of agreement is going to be overwhelming: we should never have got anywhere near this situation; there were structural problems which were not addressed; and, as has clearly been pointed out, there was also criminal activity. The real question that we face is: how can we minimise the chances of anything like this happening again?

Having said that there is a considerable degree of consensus, looking at exactly what happened at Winterbourne View, we probably had a perfect storm for abuse, as I think it was described in some of the briefing that I received. There was bad management and a disinterested owner, who made no investment, which meant that care workers, who were badly recruited and badly trained, were left to deal with people with what has been called challenging behaviour. To play devil’s advocate for a second, if you meet challenging behaviour—for instance, people who self-harm, are unable to communicate and occasionally lash out through frustration—and you have been trained only in basic restraint, that is what you will use. There is an almost iron inevitability about what will happen unless there is somebody alongside you telling you that there is another way. In this case, such a person was not there. Therefore, it was almost inevitable from the word go that something like this would happen. We should remember that it took less than five years for this culture to be put in place. It was not a slip; it was a fall into very bad practice, and there is no way that we can ever allow it to happen again.

I want to take up a point which my noble friend raised earlier, on the training of staff. The care and support workers at Winterbourne View should have been given better training and—something that is incredibly easy to say but apparently incredibly difficult to do—they should have been told when to call for support. As anyone who has dealt with front-line support in public service will know, getting that message across at any level is difficult.

I have had a discussion with numerous Ministers from numerous parties over many years about many issues relating to people with disabilities. I have pointed out that the people in charge need to be told that the tick-box method does not work. They will need support, and that support will differ as circumstances change. Often, the Minister or senior official has said, “Yes, we’ll do it”, but it does not happen. I have had meetings with Ministers of all Governments and have asked when they are going to implement this. The response has been, “But we said we’ll do it in legislation or in guidance”. However, it does not happen on the ground. That is clearly the situation that we have here. Therefore, we created something that was bound to go wrong—perhaps not as wrong as it did but it was bound to go wrong.

We have to bring about worker registration and make sure that these people have a responsible job where they can develop a career so that they have some stake in it, as well as a stake in making sure that their co-workers are correctly registered. We could talk about whistleblowing here. If we make sure that people have a job where they have a future and a clear duty, the chances of this happening again will go down. We can never totally remove it. Indeed, the idea for better inspections, et cetera, by those higher up are, of course, needed. We can start to take away a part of this cocktail of disaster; we can start to remove it. We can have a group of people who have a stake and who will go back in again.

I do not envy my noble friend her job, but I hope that when she replies she can give us a clear idea of exactly what process we are talking about and where it will be implemented. We must have people who are trained well enough to recognise that they need support and who are willing to ask questions. We must start to work with the situation for those with autism. The noble Baroness, Lady Browning, has been an important part of my secondary education on autism. Once we start working in that field, we need a different approach. There is always a danger that those of us dealing with a disability will think that it is like the disability we have. Probably our problems with bureaucracy are more similar than our actual on-the-ground experience. Unless our front-line workers are better trained and told that it is okay to ask for help and support, such problems will occur again. I hope that my noble friend will say that steps are being taken. We are trying to ensure not that it does not happen again but that the next time it happens we are better able to deal with it because these problems will not go away.

Olympic and Paralympic Games 2012

Lord Addington Excerpts

Thursday 8th November 2012 Lords Chamber

[Lord Addington]

My Lords, I thank my noble friend Lady Doocey for giving us this opportunity to discuss the legacy of the Olympics. We will not cover all aspects of the subject today as it is too multifaceted for us to do it justice in a single debate. We shall have to look at it again and again.

The Olympics were the biggest project Britain has had to bring together and co-ordinate in peacetime, certainly in my lifetime and probably for all time. They were very successful but the idea of taking forward the legacy is new not only for the Olympic movement but for the way we look at big projects. The big sporting projects and championships that are coming up are all trying to learn lessons from the Olympics. Next year the rugby league world championship will take place here. The Commonwealth Games are coming up in Glasgow and also an event for my own sport of rugby union. When I asked representatives of those sports what they considered was the biggest lesson to be learnt from the Olympics, they replied “You should plan ahead. Once your planning is in place, other things are possible”. We should remember the amount of work that was undertaken for the Olympics.

A whole Act of Parliament was devoted to the Olympics. I remember sitting through debates on it in the Moses Room attended by the then Minister, the noble Lord, Lord Davies. Many of the subsequent points of discussion were first opened up there. Work had already been done but we looked at it again. That was the first time Parliament got involved in that. Disability access was one of the largest areas under discussion. The noble Lord, Lord Davies, is not present but I remember saying to him, “Listen, it is not about disability; it is about the Olympics. We have the disability stuff in place”. Those discussions probably helped to make the Paralympic Games such a success. We undertook the relevant work at an early stage.

Have we undertaken the same preparation as regards all aspects of the Olympic legacy? That question will be answered over the next few years. I would disagree a little with my noble friend. I probably would have spent £9 billion on the six weeks of sport but I understand that that view may not be universally held. If we are to ensure that the Olympic legacy is taken forward, we will have to embrace everything that comes from that legacy. Will all the major projects involved, inside and outside the world of sport, take this legacy forward? Do they relate to everything else that goes on?

We must remember that a legacy of involvement and participation in sport needs to apply at all levels. We have the resources to plan and prepare for the needs of the elite, to allow things to happen and to create the space for the experts to get at their subject. However, when you go slightly further down the food chain, things get more difficult. This morning I spent an hour or so with people from the All-Party Parliamentary Group on Boxing who are trying to carry out a survey on the benefits of boxing. That sport has suffered from a bad reputation. However, engaging in boxing seems to discourage people from becoming involved in anti-social behaviour. There is very good anecdotal evidence on that. One of the first questions that was asked concerned how we attract funding and support for boxing. We came to the conclusion that neither the people who run boxing clubs nor the people who attend them like filling out forms. How do you attract investment in boxing? How do you encourage private philanthropists to invest in boxing and persuade them that they will get something out of it? How do you persuade government to invest in it and interact with a schools boxing programme? This is not revolutionary thinking. There is agreement on this matter. We disagree only about how it should be done. We need to involve people in boxing at the junior level and make mass participation easier. I am talking about those who do not participate in elite youth programmes.

The discussion continued on the easiest way to reach people, whether information technology was the answer and whether the Government should enable audits to be undertaken. We also discussed what people expected to get back and what it was realistic to expect in terms of a legacy. For example, you will not always get £5 back for every £1 you put in and you will not stop all anti-social behaviour straight away. Will you make it slightly better? Will you make something that grows? Will you enhance community involvement and the concept that people can do something positive? If that legacy applies to sport it will apply to just about everything else that requires participation—drama groups, arts groups and dance groups. Everybody can learn lessons here if we can only sit down and talk.

The entire Olympic experience was one where lots of different facets were brought together. Planning met sport, which met the Cultural Olympiad. We all had to talk together and be involved together. Unless we can start to take the lessons here and apply them across the board, and learn where we need to do more learning, we are going to miss some of the benefits. The Olympic experience has been a great success. Let us make sure that it continues to be so.

Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010

Lord Addington Excerpts

Monday 26th July 2010 Grand Committee

[Baroness Gale]

My Lords, I thank the Minister for her remarks and welcome her to her position as Minister with responsibility for equalities and women’s issues in your Lordships’ House, although obviously this is not the first time that the noble Baroness has spoken on these matters, as only last week she replied to our excellent debate on women. I am aware of her excellent record and long experience of working for the enhancement of women, and especially her record of service to women in her own party, so it is good to see her in what I regard as a very important post.

I am pleased to say that we on these Benches agree with the order. It is largely a technical instrument to ensure that existing legislation continues to work well when the Equality Act commences. As the noble Baroness said, it makes minor amendments and repeals other primary legislation relating to the Act, which brings together nine separate pieces of legislation into one single Act. That simplifies the law and reduces the burden on business by making it easier for firms to comply with discrimination legislation. It will also help many individuals to deal with difficulties that they may experience relating to any form of discrimination.

The core provisions of the Act are due to come into force in October, so it is important that we deal with these matters now. I am pleased to say that I followed the Equality Bill as it made its way through your Lordships’ House and saw it become law. We now have a strong and robust piece of legislation that will allow people to lead their daily lives in a way that shows tolerance and fairness to all. The whole of our society should welcome that. Also, I am proud that the previous Labour Government were able to produce such an Act, but of course with the co-operation of all the parties in the House.

Although this is a comprehensive Act, much guidance will need to be given by the Government Equalities Office and the Equality and Human Rights Commission. I am sure that the Minister will be able to confirm that these guidance notes will be available so that everyone can ensure that the Act is fully understood and that the publications will be there to assist all to appreciate the workings and the intentions of the Act.

A press release issued by the GEO in recent days stated:

“The first wave of implementation of the Equality Act will go ahead to the planned October timetable following the publication of the first commencement order in Parliament …. This will pave the way for the implementation of landmark provisions to protect disabled people from discrimination and tackle the gender … gap”.

That sums up the Act perfectly and is what the order is about. We on these Benches welcome the order as it is another step along the road to the full implementation of the Equality Act in the coming months. I thank the Minister again and I wish her well in her new role.

[Lord Addington]

My Lords, this is one of those times when there is not much to say, and I shall be quick about saying what little there is to say.

Basically, there is nothing to disagree with here. As the noble Baroness, Lady Gale, said, it carries on the previous Government’s good work in many fields. It brings everything together in one Act, or tries to. The law here, good and well intentioned though it was, was a bit like a cat’s cradle and thus occasionally became a dog’s dinner, if I am allowed to double my metaphors; there was so much legislation that crossed over. Everyone who is involved in any part of this area of the law should welcome this approach. Not only is there nothing to disagree with here, but hopefully we shall carry on in this way.

[Baroness Verma]

I thank the Committee for this short but quality debate. I am grateful to the noble Baroness, Lady Gale for her kind welcoming remarks. I also pay tribute to the wonderful work that she has done in this area. I assure her that there will be several pieces of guidance. Five summary guides were published on 5 July, and a further set of quick-start guides will be released over the summer.

I welcome my noble friend’s comments. We all want to ensure that we can make society as equal as possible. Wherever we find discrimination against any group that we are able to eradicate, we will do so. This piece of legislation is a tool to help us achieve that.

On that note, I hope that we shall have no problems in passing the order. The Equality Act 2010, which went through this House just a few months ago, has momentum, and I hope that with your Lordships’ approval, we will see the benefits of it soon.