Care Bill [HL]

Debate between Lord Touhig and Lord Rix

Tuesday 16th July 2013 Lords Chamber

[Lord Rix]

My Lords, the Minister knows perfectly well where I stand because I already talked about eligibility at Second Reading and in the debate last week on the future funding of health and social care, led by my noble friend Lord Patel. I was backed in that part of the debate on the question of someone having to reach a level of substantial disability before becoming eligible for care. It should be the right of all people with a disability at least to be assessed properly, from the lowest level of disability to the highest. A level may be set where tens of thousands of people are excluded, such as people with a learning disability. Many are already being excluded by local authorities and being denied the use of day centres, or whatever. I can only plead with the Minister to say something which would give a glow of optimism to all of us who are totally and utterly opposed to the level which the Government are likely to set.

[Lord Touhig]

My Lords, I support Amendment 88Q, which was so powerfully moved by the noble Baroness, Lady Grey-Thompson. I certainly welcome the Government’s intention to establish national eligibility criteria, so that local councils across the country will be required to provide care for all those with a minimum level of need. However, I share the concerns which were so well articulated by the noble Baroness and the noble Lord, Lord Low of Dalston, that setting the fair access to care services criteria at “substantial” is simply plain wrong. It is wrong because it will exclude many people who I know with autism, and who have a low-level need of support. They will no longer be able to live independently if the level is set at substantial.

Setting the threshold at this level also seems to be running counter to the Government’s stated intention in the Bill, which is to focus on prevention. The requirement for people to have a physical or mental impairment to qualify for support could mean that those without a diagnosis will be excluded and miss out altogether. A great many people with autism do not get a diagnosis. I have been dealing with a case recently where people have been waiting four years to get their daughter diagnosed. I join the National Autistic Society—again, I declare an interest as a vice-president—in urging the Government to reconsider this and set the threshold at something equivalent to “moderate”. That is by far the fairest and best way to do it.

I make no apology for saying something which I think I have said about three times in this Committee: there is substantial evidence from the National Audit Office and NICE to indicate that investing in services for those with a moderate need is cost-effective. New economic modelling by Deloitte, published recently, shows that every £1 invested in support for people with autism and other disabilities who have moderate needs, generates a return across the piece of £1.30. That is not to be ignored and should be part of our consideration. There is much merit in this and I rather feel that the Minister, who is a decent and honourable man, will see that there is. I am sure he is going to give us some good news; at least, I hope he will.

Education Bill

Debate between Lord Touhig and Lord Rix

Monday 18th July 2011 Grand Committee

[Lord Rix]

My Lords, Amendment 102 addresses a variety of concerns I have in relation to the relaxing of duties of schools regarding the admissions process for children with special educational needs, including those with a learning disability. My concerns are clearly shared by other noble Lords in the amendments that surround mine.

Schools must be held to account for their admissions policies and the way they operate these policies in practice. If the parents of disabled children are to have full confidence that their children are not being discriminated against in terms of admissions, schools must be aware of their obligations under the Equality Act 2010 and make the reasonable adjustments required. In the interests of openness, transparency and the genuine empowerment of parents, the second part of my amendment would set out the rights of parents in appealing and complaining against admissions and oblige schools to publicise these details.

It is often said that information is power; I want parents to have easy access to the information to which they are entitled when it comes to challenging unfair decisions by schools over the admission of their children. However, in his letter to me to which I have already referred, the noble Lord, Lord Hill, advised me that parents and others would still have the option to make their objections known to the school adjudicator. There are also proposals to include academies and free schools, which of course I welcome. No doubt he will explain more in his response to these amendments.

[Lord Touhig]

I support the objectives in the noble Lord’s amendment. However, in voluntary aided Catholic schools and academies, the governing body is the admissions authority. Currently it can determine admissions on oversubscription criteria based on a child being a Catholic or a non-Catholic and so on. These schools are required to, and do, comply with the Equality Act 2010. I am a little concerned. Does he think his amendment, if accepted, would remove the right of the governing bodies to determine the admissions criteria based upon the existing principles?

[Lord Rix]

That is an extremely awkward question. In fairness to you, I should say that it should not remove that obligation, but I think it probably would.