Care Bill [HL]

Lord Rix Excerpts

Wednesday 3rd July 2013 Lords Chamber

Enshrining prevention in the Bill is important also where older people are concerned—that will certainly show up when the report of the commission of the noble Baroness, Lady Greengross, is published. Many middle-aged or older people reach a “crisis point” when their parents or carers pass away. Appropriate identification, awareness and assessment of needs before this point is reached are vital. I welcome the emphasis on the principle of prevention that is already in the Bill, but for it to have a real impact on the provision of services, it must be further entrenched. I hope that the Minister will see the wisdom of the amendments proposed by the noble Baroness, Lady Greengross.

[Lord Rix]

My Lords, I wish to speak to Amendment 79D, which focuses on preventing adults at risk suffering abuse or neglect. I welcome the focus in Clause 1 on promoting well-being and the breadth of that definition, which includes protecting people from abuse and neglect. In addition, Clause 2 sets out an important duty whereby a local authority must take steps and provide services which contribute to preventing needs for care and support. However, this crucial clause on prevention makes no reference to abuse and neglect, and my amendment seeks to make this explicit.

Later in the Bill, in the safeguarding section, there is a focus on protecting people once that abuse or neglect is suspected. However, it would be hugely beneficial if local authorities and agencies were obliged and guided to prevent abuse and neglect taking place in the first instance.

Let me give you an example. Decisions were taken to send people with a learning disability and challenging behaviour far away from their homes to Winterbourne View, where they suffered the most horrific abuse. This could clearly have been prevented by local authorities and other agencies if they had taken the right decisions at the outset.

Prevention is recognised also in terms of disability-related harassment, and indeed the Equality and Human Rights Commission highlighted this in its report, Hidden in Plain Sight. It recommended that local authorities and housing providers work from the outset to reduce disability-related harassment by including safety and security measures in the design of social housing estates and facilities. In addition to good decision- making at the top, it is also important to consider how we can empower individuals to understand what abuse is and how they can protect themselves from it. This might be through providing information, advice and advocacy. Safeguarding procedures are vital in order to protect people suspected of abuse and I have tabled a number of amendments on this area under Clause 41. However, before safeguarding comes a strong commitment to preventing abuse occurring in the first place. I look forward to the Minister’s view on this matter.

[Lord Low of Dalston]

My Lords, I was waiting to see whether the noble Lord, Lord Hunt, was going to speak to his amendments in this group—