Oral Answers to Questions

Debate between Alex Cunningham and Debbie Abrahams

Wednesday 20th March 2024 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

1. What recent discussions she has had with the Secretary of State for Levelling Up, Housing and Communities on implementing a definition of Islamophobia.

[Alex Cunningham (Stockton North) (Lab)]

12. What recent discussions she has had with the Secretary of State for Levelling Up, Housing and Communities on the work of the anti-Muslim hatred working group.

Oral Answers to Questions

Debate between Alex Cunningham and Debbie Abrahams

Tuesday 24th January 2023 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

8. What assessment he has made of the implications for his policies of the number of excess deaths in 2022.

[Alex Cunningham (Stockton North) (Lab)]

13. What assessment he has made of the implications for his policies of the number of excess deaths in 2022.

Mental Capacity (Amendment) Bill [Lords]

Debate between Alex Cunningham and Debbie Abrahams

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 12th February 2019 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I will be brief. My hon. Friend the Member for Rhondda (Chris Bryant) has tabled an excellent amendment, which I support. We know that the system is broken. What we are doing is replacing it with an even worse system. Just to acknowledge how broken the system is, the Alzheimer’s Society’s national dementia helpline receives over 100 calls a month about the Mental Capacity Act, which is clearly confusing and complicated for people with dementia, as well as for their families and carers. However, as we have heard, so many different disability organisations and a whole range of charities, as well as the Law Commission, are saying that this Bill is not fit for purpose.

I particularly support the amendments tabled by my hon. Friend the Member for Rhondda. The Greater Manchester Neuro Alliance, which I have supported for several years now, has several concerns, particularly about a person who presents inconsistently and has a cognitive impairment, mental health problems or is simply vulnerable and does not accept or appreciate their illnesses and the limitations. One member of the alliance from Oldham told me:

“My son has been deemed as having capacity because he can answer questions yes or no but he can’t be left alone or allowed to go out unsupported, he doesn’t take his medication and doesn’t have the ability to plan or manage anything including lifesaving treatment every three weeks”.

Such examples are not addressed in the Bill.

I will move swiftly on, Madam Deputy Speaker. I share the concern that my hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) has expressed so clearly about care home managers and the conflict of interest in the Bill. It is a minefield and needs to be addressed. She made that point clearly.

Amendment 48, tabled by my hon. Friend the Member for Stockton North (Alex Cunningham), would rightly prevent cared-for people from being charged for the assessments required by the system, potentially providing a financial incentive to do the mental capacity assessments. Without the amendment, we cannot be sure that people will not be charged more for their care solely because they require liberty protection safeguards to be granted. If the Minister does not accept the amendment, I would like to know why. On advocacy, we need to ensure that the “best interests” test is changed to place more weight on a person’s wishes.

There are several other issues with the Bill. It has not had a sufficient airing. It has not been consulted on greatly, but I will hand over to my hon. Friend the Member for Stockton North.

[Alex Cunningham (Stockton North) (Lab)]

I had hoped to address several of the amendments signed by my hon. Friends and me, because this is a bad Bill with huge opposition across our society. It fails to protect people adequately, meaning they could be locked up without a proper process of assessment and without advocacy support—and that includes 16 and 17-year-old children. The protections for them are also inadequate, as they are for their parents. Time is against me, however, so I will turn straight to amendment 48, which stands in my name and that of my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams).

There is a genuine concern among organisations in the sector that vulnerable people, particularly those receiving private care, may be charged for an assessment or for assessments to be carried out. I know the Minister got a bit fed up with me banging on about funding and about the fact that local authorities such as mine in Stockton-on-Tees have lost millions of pounds in funding and that budget reductions are continuing across health. I have also addressed the tight margins on which care homes operate and the need to ensure the sector remains viable.

We know that the sector is strained financially and might feel it has no choice but to implement fees and charges for the assessment of clients’ mental capacity. The intention of the amendment is to ensure that this does not happen. Several written submissions to the Public Bill Committee raised concerns about the absence of any provision for a fee for medical professionals to provide medical evidence.

This is the right point to refer to the revised impact assessment published by the Government. I and other Opposition Members have been contacted by academics accusing the assessment of perpetuating a myth by saying that GPs will provide diagnostic evidence and conduct capacity assessments for the LPS and that this will have no resource implications. What total nonsense. How has this conclusion been reached? I have not heard from a single body or GP arguing it will have no resource implications—quite the opposite.

The experience of judicial DoLS applications to the Court of Protection seems to be that GPs are very reluctant to provide such evidence, either because they do not feel skilled enough to do so or because they require payment. This means that someone will have to pay a fee for the medical assessment, and there is nothing in the Bill or the NHS charging regulations to prevent it from being passed on to the person themselves.

Evidence shows that that is already happening. Southfield House, a care home in Stockport, was found to be charging residents £250 if they required a deprivation of liberty authorisation. A complaint was lodged with the Care Quality Commission by Edge Training, but it was told in response that that was allowed. What was that £250 for? “An application to the local authority requesting an assessment” appears to cover it—and after that, there was the £125 annual fee. Individuals who are going through what can only be an extremely emotionally difficult process are being charged hundreds of pounds for the luxury.

It is frustrating that the care home is well within its rights to make those charges. A spokesman put it best:

“The social care sector…is currently under huge financial pressure. All tasks from care to admin to facility carry a cost”.

Because the sector is underfunded, the Government consider it appropriate to take financial advantage of the most vulnerable people in society.

I do not intend to press the amendment to a vote, but I think that the Minister must take on board the whole issue of charges. At present, the law gives care home managers and others carte blanche to charge exactly what they want. There are no limitations whatsoever. I ask the Minister, perhaps at the regulations stage, to come back with specific ideas to restrict care home managers and others from exploiting those vulnerable people.

Asylum Accommodation Contracts

Debate between Alex Cunningham and Debbie Abrahams

Wednesday 10th October 2018 Westminster Hall

[Alex Cunningham]

It is absolutely unacceptable. All the more reason why the Government can now take an opportunity with the new contracts to lay down higher standards for the vulnerable people who we should be looking after.

A briefing from the Local Government Association confirms that the current model of provision for asylum seekers does not provide the necessary funding for councils and is likely to place further pressures on specific areas of the UK. I share the view that partnership structures need to be established as a matter of urgency that allow local authorities and regions to work with the Home Office and contractors to better manage the provision.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

My hon. Friend is very generous with his time. He is making a passionate speech. I want to add to the point about local authorities and community members. I have been supporting an Iraqi family who have had a real issue. The community came to me and said that the way that the family were being treated was absolutely unacceptable. In the scrutiny we need to make sure that communities are on board as well.

[Alex Cunningham]

That is most certainly the case. If it were not for the community organisations in my constituency and throughout the Tees valley and the country, the people who are refugees in our country would be suffering a hell of a lot more than they currently are. The current contract fails in so many ways, and the new one will also fail if it is not designed and monitored properly. We need to listen to these organisations, be they local authorities or third sector groups. Daily, they meet and work with asylum seekers; they know where the failings are and how services could be improved.

A briefing from Asylum Matters says that the Government’s asylum accommodation contracts are worth more than £4 billion. That is £4 billion of public money, but Parliament seems powerless to influence the procurement process in order to ensure that some of the most vulnerable in our society get the support that they deserve as human beings. I hope that that will change today.

I want now to take a few moments to talk about simple matters: duvets, pillows, plates and mattresses. I am appalled at the poor quality of the ones provided to asylum seekers in Stockton. The contract says to provide a duvet and pillows, and the contractors do, but it is possible to get two pillows into one pillowcase, and the duvets are so thin as to provide no warmth at all. The mattresses, too, are poor; they are uncomfortable and often dirty. Then there is the single plastic plate issued to some refugees. The contract says to provide a plate, so the contractors do, but the plates are not fit for purpose and end up stained with knife marks cut into them from the simple task of cutting up food. If it were not for the churches and charities in my area and, I am sure, elsewhere that provide better quality goods, refugees would be freezing in houses where heating is often restricted.

Oral Answers to Questions

Debate between Alex Cunningham and Debbie Abrahams

Thursday 31st January 2013 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

16. What assessment he has made of changes in the level of fuel poverty since 2010.

[Alex Cunningham (Stockton North) (Lab)]

17. What assessment he has made of changes in the level of fuel poverty since 2010.