Breaks for Carers of Disabled Children Regulations 2011

Debate between Lord Rix and Baroness Walmsley

Tuesday 25th January 2011 Grand Committee

[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?

[Baroness Walmsley]

My Lords, I, too, thank the Minister for his explanation and welcome the regulations. I also have some questions. Will Regulation 3(b) have regard to the needs of carers whose break from caring may involve an extended leisure activity such as a holiday, rather than simply, as the regulation says, a “regular leisure activity”? I echo the words of the noble Lord, Lord Rix, about the importance of regular breaks from caring, if that is what carers choose, because I believe that regular breaks—a little bit of respite every now and then—can provide long-term stable care for disabled children, which is vital.

Is it sufficient for local authorities merely to publish their short-break services statements on their website? Surely they should do a little more than that. Should they not be proactive in contacting existing carers, rather than just publishing the information, especially in the light of the fact that the Explanatory Memorandum indicates that only a third of those eligible currently receive short breaks? We do not know whether that is simply because they are not aware of what is available and do not apply or whether it is because of shortage of money. Can the Minister say whether the practice guidance outlined in paragraph 8.4 of the Explanatory Memorandum will provide any guidelines on the criteria by which eligibility for the services outlined in Regulation 4 will be assessed?

I move on to a point about ensuring that this all works out in practice on the ground, which of course is very important. Is there any plan to require local authorities to publish a sufficiency assessment? The Minister talked about quality, but will local authorities also be obliged to publish an assessment of whether the quantity of short breaks that they supply is sufficient?

Can the Minister also say whether he expects a large number of applications for short-break services to result from the publication of these pieces of information by local authorities and whether any extra funding is likely to be allocated to local authorities if they report a large increase in the number of carers applying for short breaks? Does he agree that there may be a risk that, although these regulations may widen the number of people who apply for short breaks, the danger is that the funding per capita will go down to the point where the efficacy of the breaks will deteriorate? I do not think that any of us wish to see that.

Finally, can the Minister say when the Government expect to publish the initial practice guidance, to which he referred? How will this guidance be disseminated to relevant groups and how frequently do the Government intend to update it? Groups such as Every Disabled Child Matters will pay very careful attention to the guidance, but individual parents will also be interested in their local authority’s guidance so that they, as individual parents, can hold the local authority to account against the guidance.

Academies Bill [HL]

Debate between Lord Rix and Baroness Walmsley

Wednesday 23rd June 2010 Lords Chamber

[Lord Rix]

My Lords, I shall speak also to Amendment 75 in my name. The possibility of charging is apparent in this clause. The Minister will be aware that children with SEN have additional needs that sometimes require additional resources. It is the responsibility of the school and local authority to meet those needs. I would be extremely concerned if there were moves to charge parents for special education provision. I do not believe that it is the intention of the legislation to charge pupils with SEN, but I would welcome clarification on this point.

[Baroness Walmsley]

My Lords, I tabled Amendment 67 in this group. It probes a specific point about how local authorities will continue to fulfil their statutory duty under the Childcare Act 2006 to ensure that there are sufficient free places for every three and four year-old whose parents want one. Local authorities are also responsible, in consultation with local delivery partners, for determining the rate at which providers will be funded for delivering the free nursery places, and for the arrangements for making associated payments. Since April 2004, all three and four year-olds have been entitled to a free part-time early-education place. Free places can be provided by a variety of providers in the maintained, private, voluntary and independent sectors, including preschools, playgroups and registered childminder networks. Local authorities must have regard to the comprehensive statutory guidance set out in the code of practice when making arrangements for the provision of free early-education places. Parents are not required to contribute towards the free early-education entitlement, but may be charged fees for any additional childcare services that may exceed the free part-time early- education place. The number of hours available each week is currently 12.5, which will go up to 15 in September.

Since 2006-07, the funding for under-fives provision has been provided through the dedicated schools grant to all types of provider, including private, voluntary and independent providers. The direct schools grant is a ring-fenced grant for education purposes, but local authorities retain autonomy over how they allocate their spending across the age range to make most effective use of resources at local level. In a recent parliamentary Statement, the Minister for Children, my honourable friend Sarah Teather MP, committed the Government to the extension of the free entitlement to early education, as planned, for three and four year-olds to 15 hours from September and to 20,000 of the most disadvantaged two year-olds—something that I particularly welcome. The amendment seeks clarity about how that will be achieved through the primary academy schools proposed in the Bill. Can the Minister give me some reassurances about this? We do not want academies that make provision for children under compulsory school age, as well as for those of compulsory school age, to charge by the back door.