Safeguarding Adults with Learning Disabilities Debate

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Department: Department of Health and Social Care

Safeguarding Adults with Learning Disabilities

Barbara Keeley Excerpts
Tuesday 17th October 2017

(6 years, 8 months ago)

Westminster Hall
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Catherine McKinnell Portrait Catherine McKinnell
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That is an interesting suggestion. As a constituency MP, I work closely with the organisations I have mentioned so that I may correspond with and represent people with learning disabilities. There are local solutions and, potentially, national ways to support MPs. That is a good suggestion to ensure that those voices are heard in Parliament, and the intention of this debate is very much to give voice to some of the concerns. I am sure that other hon. Members are present for the very same reason.

The issues that I have outlined are just some of the frankly depressing ones faced by people with learning disabilities. Such issues were commented on by Mencap in its response to the Equality and Human Rights Commission report, “Being disabled in Britain: a journey less equal”, which was published earlier this year. In responding to the EHRC report back in April, Mencap commented:

“Rather than move forwards in the past 20 years this report shows how inadequate action and a constant stream of cuts have condemned disabled people to a life of poverty and inequality.

With the employment rate for people with a learning disability currently standing at less than 6% and with cuts to Employment Support Allowance coming into effect this week, it’s not hard to see why so many disabled people are struggling to find money for things as basic as food. People with a learning disability also face inadequate housing, poor access to health care and a society that misunderstands them.”

One challenge facing people with learning disabilities and their families is of course being able to access the right social care support at a time when adult social care budgets are at breaking point after years of punitive cuts to local authority funding since 2010, combined with rising cost pressures. The Local Government Association outlines that some 127,725 adults in England under the age of 65 were receiving long-term social care from their local council for a learning disability in 2015-16, meaning that about one third of councils’ annual social care spending, or approximately £5 billion, is used to support adults with learning disabilities.

The LGA also highlights, however, that the number of adults with a learning disability needing social care is set to rise by 3% a year, piling further pressure on local authority finances. Overall, councils face a £2.3 billion shortage in funding by 2020. I therefore strongly urge the Chancellor to address this issue next month as part of his autumn Budget, as well as the ongoing and serious concerns about the potential historic and future costs associated with sleep-ins, following the change in Government guidance on them, which have significant implications for the future provision of support to adults with learning disabilities.

As I said, there is a particular reason that I secured this debate, which I have been trying to do so for several months. Undoubtedly, all Members of Parliament frequently have to handle very distressing issues, and I have dealt with a lot.

Barbara Keeley Portrait Barbara Keeley (Worsley and Eccles South) (Lab)
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My hon. Friend is making a valiant attempt. This is a very difficult subject and she is talking about a very distressing and tragic case. To go back to the point about greater public awareness, I have been a Member for 12 years and have certainly never been offered any training about learning disabilities. There is so much to know and she has just given us a useful range of facts. I encourage the Minister to take away what my hon. Friend has just raised as things we should all know.

Catherine McKinnell Portrait Catherine McKinnell
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I thank my hon. Friend for her intervention. It is hard to imagine a more harrowing and disturbing case than that of Lee Irving. My thoughts remain very much with Lee’s family, particularly his mother, Bev, who I know is determined to ensure that something positive comes of her son’s death. I am sorry; I must do this subject the justice of staying composed. I am particularly conscious that Lee’s mother is watching this debate online in Newcastle and that having to relive what happened to her son clearly will always be upsetting. However, it is important that right hon. and hon. Members appreciate the gravity of this case.

Lee was a 24-year-old vulnerable young man with learning disabilities from the West Denton area of my constituency, who was tragically murdered in 2015. In the months leading up to his death, he was living on and off—perhaps existing would be a better word—with a group of people he had befriended and trusted, at their home in the Kenton Bar area of Newcastle. During that time, he was the victim of sustained abuse and exploitation. Lee’s mother, Bev, had reported him missing on three occasions in the weeks before his death, and indeed had alerted the authorities to where he was staying and of her serious concerns about Lee’s safety, given the previous behaviour of those individuals towards her son.

Tragically, Lee’s badly beaten body was found on 6 June 2015, dumped on a grass bank near the A1 in Newcastle, not far from the house he had been occupying with those who were accused of his murder. The cause of Lee’s death was given as respiratory failure due to multiple severe injuries that were inflicted upon him at the house in Kenton Bar between 28 May and 5 June 2015. The injuries included fractures to his nose and jaw, the fracture of 24 ribs and damage to underlying organs, after he had been drugged with a combination of morphine, Valium and buprenorphine—medication used by heroin addicts—which enabled his attackers to conduct sustained physical beatings against him. The four people responsible for Lee’s death also prevented him from receiving the urgent medical attention that he clearly required on several occasions.

Following Lee’s death, a safeguarding adults review was established to hear from the myriad organisations and agencies involved in providing support to Lee and his family during his short life. The review explains:

“The relationship between Lee Irving and his killers was described as one of subservience with Lee beholden to the primary perpetrator”—

James Wheatley—

“for drugs and shelter and where Lee looked up to the primary perpetrator and desperate to fit in tolerated continued violence and abuse. This coercion and drugging were used to control him, prevent him seeking help and over a period of time drawing him back to the house at 33 Studdon Walk.”

Indeed, Mencap has informed me of its concern that Lee’s case is not an isolated one, commenting:

“There are many examples, both reported and unreported, of people with a learning disability who have been abused physically and psychologically by people who they thought were friends. This has given rise to the phrase ‘mate crime’, where individuals take advantage of someone’s vulnerabilities, bullying them physically, psychologically or stealing money or possessions.”

I believe that the safeguarding adults review instigated after Lee’s death raises serious issues, not just for Newcastle, but about how we, as a wider society, support and safeguard adults with learning disabilities. Vida Morris, chair of the Newcastle Safeguarding Adults Board, said after the review had been published:

“Lee’s story will be used locally, regionally and nationally to improve safeguarding and protect vulnerable adults.”

That absolutely must be the case.

It is evident from the review that Lee’s vulnerabilities, which were the result of his learning disability, were clearly identified by a number of local agencies some years before and right up to his death. On six occasions between 2010 and 2014, different organisations considered the risk to Lee to be such as to merit formal multi-agency adult safeguarding written referrals. Examples of Lee’s known vulnerability include an assessment undertaken by Percy Hedley School when he was nearly 18, which described him as

“socially immature and impressionable, a very vulnerable young man who could not ignore people who are distracting him, naive in social situations, easily influenced by others, and unable to identify people’s motivations and intentions.”

The national probation service in Northumbria had numerous interactions with Lee, as he was arrested 30 times between May 2011 and March 2015 for various offences. In December 2012, Lee was sentenced to nine months’ imprisonment for the offences of burglary and theft, and was

“treated as an adult fully responsible for his own actions and able to understand the consequences of the measures imposed.”

Yet the year before, in 2011, the NPS carried out an assessment of Lee and identified that he was

“incredibly vulnerable to the influence and harmful behaviour of others he encounters; that he was financially vulnerable from others. In addition, he was assessed as being vulnerable in custody and in a hostel setting.”

A further NPS assessment stated:

“Lee seems to understand that he is being used and bullied but seems to put up with it rather than be rejected by his peers.”

Another commented:

“Lee is not aware of the risks that he places himself in e.g. spending time with homeless people, sleeping rough, sharing taxis with strangers and giving his clothes and money away. His level of Learning Disability means that he behaves in a way which is focussed on pleasing people, to develop acceptance within groups and possibly to gain kudos through offending for others.”

Despite those assessments, no safeguarding alert was raised by the NPS about Lee Irving during its interaction with him in 2011 and 2012.

An assessment carried out in 2010—five years before Lee’s death—under the Mental Capacity Act 2005 confirmed that Lee’s overall reasoning and thinking abilities were the same as or better than only 0.2% of adults his own age. In other words, Lee’s intellectual abilities placed him in the bottom 1% of adults his own age. There is also a concern that Lee’s intellectual ability may at times have been overestimated, because his relatively better verbal skills may have masked his deficits in other areas.

In March 2015, shortly before Lee’s death, a further Mental Capacity Act assessment was undertaken, at which both he and his family were present, after his family reported that he had returned to live with the people who were exploiting him. That assessment identified that he did not have the capacity to make decisions to keep himself safe when alone in the community. The assessment resulted in an exploration of supported living options, which were still being explored at the time of his death.

The safeguarding adults review notes:

“Throughout his long engagement with services Lee failed to attend nearly half his numerous appointments with various services. While in his early teenage years his family often ensured his attendance, when in his late teens, his family’s influence declined and his chaotic lifestyle led to less frequent attendance at appointments, making it…difficult for…agencies to deliver the care and support that Lee needed.”

I find it hard to understand why that behaviour did not set more alarm bells ringing about Lee’s welfare, given that his vulnerabilities were well documented.

The review further states that

“Lee’s life slid into a chaotic cycle of offending, being reported missing and associating with so called ‘friends’ who exploited him. In October 2014 a decision was taken to award Lee with a direct payment—giving him control of some of his monies in order to directly purchase services or other forms of support… later that control passed to Lee himself.”

Again, given the circumstances in which Lee was living and the fact that his mother was already reporting that he was being financially exploited, I find that hard to understand.

Tragically, given what was to happen later, the police actually attended the address at which Lee was being held between 28 May and 5 June 2015, when we know that Lee was inside the house and already injured. However, no search was conducted, despite Lee having been reported missing by his mother, her belief that he was at the house and the police being aware of the extensive criminal records of those living at the property, including for violent offences.

The safeguarding review notes:

“It is clear that all agencies tried hard to deliver a service to Lee and/or his family but on many occasions this was made difficult due to Lee’s lack of engagement and his determination to keep bad company…these efforts were not adequately co-ordinated or led by each of the main agencies…Throughout the long engagement with agencies the lead changed according to the circumstances…Therefore, no agency was able to take overall responsibility for co-ordination and leadership, however, as noted in the report agencies were in contact on a regular basis with each other.”

The review adds:

“Lee Irving was a difficult person to help. His reluctance to engage with services and his failure to attend appointments made it extremely difficult for agencies to support him and his family. Despite this, agencies persisted in their attempts to help and protect him. It is clear that all agencies approached Lee Irving with the best of intentions.”

I continue from the review:

“Many agencies were involved in Lee’s complex case over a lengthy period. They saw him in different ways according to their discipline and…many did not appreciate the risk attached to his lifestyle and disability. There were, however, clear indications of Lee Irving’s vulnerabilities and recorded Safeguarding Alerts pointing to the threats present at the house at 33 Studdon Walk where he lived latterly and where he was killed…his specific vulnerabilities were accurately identified. The cumulative effects of these risk factors were not, however, weighed or considered in a multi-agency forum when planning for his care.”

The review also made clear:

“Perhaps as a consequence of a lack of co-ordination a number of options for intervening in the case of Lee Irving were not considered. No legal advice was sought from agencies solicitors and the possibility of Court of Protection proceedings or other legal options”—

deprivation of liberty—

“were not pursued.”

Whether any of those options would have succeeded in intervening in Lee Irving’s decline and eventual death will never be known.

Extremely worryingly, the safeguarding adults review suggested that:

“The behaviour of Lee was perhaps interpreted by some professionals as consistent with his choice of an antisocial and criminal lifestyle. Whilst not held by all agencies this interpretation meant that his criminal conduct was not always considered as a symptom of his disability, increasing vulnerability or the exploitation that he was subject to.”

Of particular concern to Lee’s mother, Bev, following her son’s death, are the challenges that parents of adult children with learning difficulties face in continuing to be involved in decisions about their care. The safeguarding adults review outlined that Lee’s family

“described the difference in the way professionals were able to respond to Lee as an adult as being frustrating and difficult to understand…Lee was…classed as an adult while his mental capacity remained that of a child”.

It also recorded that, on Lee reaching adulthood, Lee’s family

“felt excluded from some of the key decisions about his care. They felt that some professionals excluded or disregarded them and that decisions about options for the ongoing care of their family member were made without their input. In particular, they express severe concern that despite their specific warnings about Lee’s living conditions at the home at Studdon Walk, the measures taken to protect him were unsuccessful.

In conclusion, the family felt that while more should have been done to protect Lee towards the end of his life such was Lee’s determination to place himself at risk that only secure accommodation would have protected him. Whilst they had resisted this option at the time, with the benefit of hindsight they recognise that other measures were unlikely to have succeeded.”

Indeed, following the publication of the review in June, Lee’s mother, Bev, commented:

“Nobody listened to each other, but my main concern was nobody listened to me. If I had been listened to, then my son would still be alive now. I had my son reported missing three times in the previous few weeks up until his death and they wouldn’t bring him back. They wouldn’t inform me where he was, which I find very, very hurtful. It’s disgusting.”

In response to that, the director of people at Newcastle City Council stated:

“I know that Lee’s family felt excluded from some of the decisions that were taken about his care and that their warnings about his living conditions were not acted upon effectively. For that we are truly sorry.”

The safeguarding adults review highlighted that Lee’s family “had two main recommendations” following their son’s death. First, that

“the move from Children’s to Adults’ services be better managed to ensure a smoother transition without loss of support and that services consider the capacity rather than the age of the individual.”

Secondly, that

“families remain part of the decision-making process in the case of vulnerable adults and be fully involved/consulted on ‘best interest’ and other decisions relating to family members.”

Bev Irving has explained that she hopes those changes will be made so that, in her words,

“Lee’s name can live on in the name of Lee’s law”.

I look forward to hearing the Minister’s response to the recommendations and whether the Government can act on them to help ensure that the lessons from Lee’s case are genuinely learned across the country.

There is one further aspect to the case that I find deeply concerning. James Wheatley was found guilty of murdering Lee in December 2016. His mother, Julie Mills, his then girlfriend, Nicole Lawrence, and Barry Imray, who also had learning disabilities, were found guilty of, or admitted to, conspiring to pervert the course of justice and causing or allowing the death of a vulnerable person. Wheatley was sentenced to a minimum 23-year term and the original sentences of Mills and Lawrence were increased after the Crown Prosecution Service successfully appealed them as being unduly lenient, with the support of the Solicitor General. I know that the family are grateful for that.

Both the CPS and Northumbria police believed that the multiple and horrific offences perpetrated against Lee were motivated by his disability. Indeed, the safeguarding adults review commenced with that view. However, the trial judge, in his sentencing remarks, told Wheatley that

“In order to reach the conclusion”

that the offence was aggravated by disability

“the statute requires me to be sure that, at the time of committing the offence or immediately before or after doing so, you demonstrated hostility towards Lee Irving based on his disability or that your offence was motivated by hostility towards persons who have this or any disability. I am not satisfied on either basis. Although your texts”

to one of the other accused

“show repeated use of the repellent word ‘spastic’, I am not able to infer that such language was used towards Lee Irving at the time or immediately before or after your murderous assault. Furthermore, in my judgment you were motivated in this offence not by hostility towards those with disability but by your vicious and bullying nature which particularly takes advantage of those who are unable or less able to resist.”

That calls into question whether the current legislation—section 146 of the Criminal Justice Act 2003, which provides for an aggravated sentence—is fit for purpose, as it is unclear how anyone could prove a disability hate crime under the threshold unless the perpetrator made such an admission. I raised this issue with the Solicitor General, to which I received a response that the judge’s

“finding that the offences were not motivated by hostility is a finding of fact. Such findings are incredibly difficult…to challenge on appeal to the Court of Appeal, since I need to satisfy the court not only that the judge was plainly wrong, but also that it is in the interests of justice to overturn his finding of fact.

My decision was that I would not succeed in overturning the finding of fact in this particular case. I only reached this conclusion after receiving advice from the leading counsel at trial, the CPS’ hate crime stakeholder manager, and a senior barrister who is a specialist in these kind of cases. I also looked at general advice from First Senior Treasury Counsel, the Government’s most senior barrister in criminal matters, on how to apply the hate crime provisions.”

I am aware that the CPS has recently published revised guidance setting out the factors to be taken into consideration when reviewing cases and prosecuting offences classified as disability hate crime. However, in Lee Irving’s case the issue was not with the police or CPS not recording or prosecuting the barbaric offences committed against him as disability hate crimes but that the judge could not be sure that, at the time of committing the offence, or immediately before or afterwards, the perpetrator demonstrated hostility towards Lee based on his disability, or that the offence was motivated by hostility towards people with disabilities—the threshold set in the existing legislation. That is concerning at a time when we know that disability hate crime is a significant issue.

Mencap highlights that some 73% of people with a learning disability and autism responding to a 2016 Dimensions survey said that they had experienced hate crime, while recorded hate crime based on disability has increased by 44% since last year. The true extent of the problem is being masked by people with a disability or learning disability who are too scared or do not feel able to report incidents. I strongly urge the Minister to ensure that the Government look at this issue again, in the light of Lee’s case, although I am conscious that it is not within her departmental remit.

I fully recognise that I have raised a number of wide-ranging issues this afternoon, many of which do not fall directly within the Minister’s portfolio. However, I am pleased to have been able to put on record the different, and very important, concerns that Lee’s mother has raised with me following her son’s death. Those ultimately responsible for Lee Irving’s horrific abuse and murder are now locked up in prison where they belong. Indeed, thanks to the intervention of the Solicitor General, some sentences were increased for being unduly lenient. However, the current legislation needs to be reviewed, because if Lee’s case could not be regarded as a disability hate crime, it is hard to know how the current threshold could be met.

I have also outlined how important it is for adults with learning disabilities to receive the right care and support to enable them to live independent lives where that is appropriate. However, I have real concerns about the issues raised by Lee’s case, and the fact that those charged with safeguarding Lee—an extremely vulnerable adult—did not get the balance right between independence and protection. Nor does it appear that the many agencies that interacted with Lee shared information with each other about his vulnerabilities, or properly listened to or acted on the concerns repeatedly raised by his family, which might have resulted in Lee still being here today.

It is critical that lessons are learned from Lee Irving’s case as quickly as possible, right across the country. I look forward to hearing from the Minister how she intends to ensure that that will be the case.

--- Later in debate ---
Barbara Keeley Portrait Barbara Keeley (Worsley and Eccles South) (Lab)
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It is an honour to speak with you in the Chair, Mr Wilson. As other hon. Members have done, I congratulate my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell). It is usual to congratulate another Member on securing such an important debate, and she has been persistent in trying to secure this one; the dignified and passionate way in which she set out a deeply tragic case made it an important speech to listen to.

As my hon. Friend said, Lee Irving’s extreme vulnerability due to his learning disability was known about three years before the tragic murder of her constituent. It is disturbing that, despite knowing that, the national probation service did not raise an alarm or a safeguarding alert. As we heard, Lee was being treated as an adult, not a vulnerable adult. The failings highlighted by the safeguarding adults review in the case of Lee Irving included a failure to involve his family in decisions about his future. Mencap has also highlighted the fact that only 1% of hate crimes reported against disabled people result in prosecutions.

Mencap has also called for greater public awareness of learning disabilities. It is important that we have talked about that issue in this debate, and that we have realised that MPs do not have much training on it. Clearly, there is much to know, and many of us could help with that and bring about greater public awareness. I shall say more later about the Mental Capacity Act 2005 and the impact that it can have on the families of people with learning disabilities, and their ability to stay involved in decisions about vulnerable people such as Lee Irving. I share the view of my hon. Friend the Member for Newcastle upon Tyne North that lessons must be learned from his case. There is much to learn.

I want to mention the campaign Justice for LB, which was set up to campaign on learning disability issues following the tragic death of Connor Sparrowhawk while he was in the care of Southern Health NHS Foundation Trust. My hon. Friend the Member for Newcastle upon Tyne North touched on the case earlier. We have discussed issues at Southern Health a number of times in debates, because Members of the House have had deep concerns about the safety of the care and services provided by the trust. Connor Sparrowhawk was left to drown in a bath; and there were many other deaths. The Mazars investigation, commissioned by NHS England, looked at all deaths at the trust between April 2011 and March 2015. It found that during that period 10,306 people had died. Most deaths were expected, but 1,454 were not. The likelihood of an unexpected death being investigated by the trust depended on the type of patient. The most likely group of deaths to be investigated was deaths among adults with mental health problems, of which 30% were investigated. For those with a learning disability the figure was just 1%. Parents and families left bereaved and grieving want to see accountability, but too often they do not.

There has not, for example, been accountability at Southern Health NHS Foundation Trust. In fact, the opposite has happened. Last October, I asked the Health Secretary to investigate the way the Southern Health Trust created a sideways move, to an advisory role at the same salary, for Katrina Percy, the chief executive who was criticised for leading the trust through the time when it failed to investigate all those patient deaths. Six weeks later she resigned from that newly created advisory role and received a £190,000 salary pay-off that was signed off by the Department of Health and the Treasury. How does the Minister think that makes bereaved and grieving parents feel? Justice for LB called the pay-off “utterly disgraceful”, and I agree with that, but the Health Secretary would not investigate it.

Campaigns such as Justice for LB are asking that provision for people with learning disabilities should be an integral part of health and care services—not a specialist branch that can be ignored, as it appears to have been ignored at the trust in question. They believe that the law should be changed so that every unexpected death in a secure or locked unit is automatically investigated independently. It is also an important point of crossover with the case that my hon. Friend the Member for Newcastle upon Tyne North put so well today that they want to stop the Mental Capacity Act 2005 being used to distance families and isolate people—particularly young people.

The Justice for LB campaign, which obviously focuses on different issues from those relating to Lee Irving, has asked for a critical look to be taken at the system of inspection and regulation under which catastrophic events have happened—as they have: from Winterbourne View to the Southern Health NHS Foundation Trust there are too many. Sadly, failures carry on over many years. Last week, Southern Health NHS Foundation Trust was fined £125,000 after a prosecution in the case of a patient who fell from the roof of the mental health complex of Melbury Lodge in Winchester. The prosecution was brought following the injuries sustained by a patient known as Mr AB. Since 2010, a number of patients detained under the Mental Health Act 1983 had climbed onto the roof of Melbury Lodge in a bid to abscond. The trust’s own security review had recommended safety measures, including anti-climb guttering, but those improvements had not been made.

Mr AB had climbed on to the roof earlier, in March 2012, slipping twice and nearly falling before he was brought down. Three years later, he was admitted to Melbury Lodge again. His family were so worried that he might try again to abscond and climb on to the roof that they asked the staff to keep a close eye on him. However, in the early hours of a morning in December 2015, Mr AB again climbed on the roof of the lodge and fell to the ground, sustaining very serious neck injuries. Despite that accident, three more patients were able to gain access to the roof in February 2016, two months later, and one of them was injured.

The court was told that the trust had not taken action to deal with the risk as there was no money to spend on the remedial work. This is a trust that paid a consultancy firm more than £5 million for a contract originally tendered for £288,000, while another firm was awarded a contract for £600,000, for which it did not even have to bid. It makes things worse that both companies awarded contracts were run by former colleagues of the trust’s chief executive, Katrina Percy. Nearly £6 million of NHS funding went from that trust to a company called Talent Works, described as experts in culture and behaviour change. It is not good enough that an NHS trust spends £6 million on culture and behaviour change consultants when it cannot get the basics right and safeguard its patients or a young person put in its care.

Those events, and everything we have heard in the debate, leave us questions to answer, which I will put to the Minister. Why were only 1% of the unexpected deaths of people with learning disabilities at a trust such as Southern Health investigated? Why do only 1% of hate crimes against people with learning disabilities result in prosecutions? Parents from both campaigns for better safeguarding of people with learning disabilities urge us to stop the Mental Capacity Act being used to distance those families and isolate people, particularly young people.

My hon. Friend spoke powerfully of the need to give families of adult children with learning disabilities much clearer and increased rights over their adult child’s welfare. She highlighted well the horrific events that can occur when families do not remain part of the decision-making process. I will repeat, because they are important, the two recommendations of Lee Irving’s family. The first is that the move from children’s to adults’ services be better managed, to ensure a smoother transition without loss of support, and that services consider the capacity, rather than the age, of the individual. That was clearly an important factor in the case of Lee Irving. Secondly—and very importantly, because this matters to many families—they recommend that families remain part of the decision-making process in the case of vulnerable adults and are fully involved in and consulted on best interest and other decisions relating to family members.

In a dignified and passionate speech, my hon. Friend also argued convincingly of the need to introduce a new offence of disability hate crime, to send a clear message that what happened to Lee Irving will not be tolerated in 21st-century Britain. It is unusual to have such a small debate, but it has been worth while to lay out that case and make other points. We must continue to have an informed debate about the status of adults with learning disabilities as full citizens, but more important than anything is that we should listen to them and their families. We should remember the deeply disturbing words of Lee’s mother, Bev:

“nobody listened to me. If I had been listened to, then my son would still have been alive now.”

Jackie Doyle-Price Portrait The Parliamentary Under-Secretary of State for Health (Jackie Doyle-Price)
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It is a pleasure to serve under your chairmanship, Mr Wilson. I join everyone else in paying tribute to the dignified and passionate way in which the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) outlined her case. It is truly heartbreaking. Lee’s mother is watching today. She put her trust in the institutions of the state to care for her son, and we failed her. It should never have happened, and for that I am truly, truly sorry. I give the hon. Lady and Bev my commitment that I will take lessons from this. I hope the hon. Lady will act as my conscience in ensuring that I do so. The issues highlighted across the Chamber today need to be acted upon, to ensure that we do our best by all our constituents.

I was struck by the way that the hon. Lady talked more generally about people with learning disabilities. It is, frankly, the reason we all get involved in politics—we get involved in politics when we see the state failing and to make sure we do the best for everyone in society and for the people we can see being failed. I do not think that any group is failed more than people with learning disabilities. They have potential and the ability to live independently, but all too often they have been parked. My hon. Friends the Members for Henley (John Howell) and for North Swindon (Justin Tomlinson) outlined examples of where, with some support, people with learning disabilities can lead very productive lives, but it requires support and investment. Sadly, that is not always forthcoming, and without it, they are very vulnerable, as this tragic case all too clearly illustrates. We owe it to them and to ourselves, in order to make the best of society, to do all we can to help people with learning disabilities to live independent lives.

We need to do more to tackle the whole issue of prejudice. The hon. Member for Newcastle upon Tyne North said she has been very persistent in trying to secure this debate, but perhaps it is fitting that the debate is happening in the middle of National Hate Crime Awareness Week. That is the perfect backdrop against which to address her case. It is fair to say that we are still early in the day when it comes to hate crime prosecution. There is slowness in reporting all hate crime, and suddenly people have become more aware.

People with learning disabilities are generally victims of quite widely held prejudice. It is not just the fact that they are targeted because of their disability; the agencies that should support them do not necessarily give them the support they need because of their disability. We have seen across the board, in so many examples of abuse, that particular social groups who are not the best at representing themselves do not always get a fair deal at the hands of the organisations that support them. We should look at that under the umbrella of hate crime, but it is slightly different; it is about prejudice more generally that we can all help to tackle. It is a very real inequality that we are tackling.

Central to our job as Members of Parliament is supporting people who have been victims of maladministration and who are not getting enough support from the state. In many cases, that is people with learning disabilities. I have always found that some of the most rewarding work I do as a Member of Parliament is in supporting people with learning disabilities. It is also the most inspiring, and it is great to see the enthusiasm that my hon. Friend the Member for North Swindon referred to.

Unfortunately the Minister for Disabled People, Health and Work, my hon. Friend the Member for Portsmouth North (Penny Mordaunt), is no longer in her place, but the fact that she was here is testimony to her support for this work. We are very keen that people with learning disabilities receive more attention. I give the hon. Member for Newcastle upon Tyne North that commitment, and we will continue to engage with her as this work develops.

I agree with the hon. Lady that people with learning disabilities are among the most vulnerable in our society, and it is the responsibility of all of us to protect them from risk. I will not pretend that we have got this perfect—there is a hell of a lot more to do. There has been significant progress in identifying and managing risk, but it is not consistent, and there are too many occasions when it just does not happen.

The hon. Lady articulated clear views on a specific case of hate crime. She will appreciate that that falls outside my bailiwick, but I will make a few observations, in so far as I can without treading on other Departments’ toes. As she said, the judge concluded that hate was not a factor in the motivation behind the crime. That is a matter for the courts, and it is for them to interpret, but I come back to the issue of prejudice. That case throws up a number of issues that we all need to be more vigilant about. We know that people with learning disabilities are very vulnerable to bad people, and bad people will find vulnerable people to prey on. I am aware that young women with learning disabilities are often preyed upon sexually, which is a real hidden issue that we need to think about. There is also the whole issue of modern slavery. People with learning disabilities are often subject to that. In this case, Lee was obviously being exploited financially by the people who murdered him.

Barbara Keeley Portrait Barbara Keeley
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I did not manage to raise the very important point that my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) raised about the fact that Lee Irving was labelled as difficult to help and classed as an adult who could choose a lifestyle, with such tragic results. That has echoes of other forms of abuse because, as my hon. Friend so clearly pointed out to us, his intellectual skills and reasoning were at 0.2% of those of adults of his age. Why were agencies saying that he could choose that awful lifestyle, which ended up having such a tragic result?

Jackie Doyle-Price Portrait Jackie Doyle-Price
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I totally agree with the hon. Lady. As she says, we have seen that in other cases of abuse. We can look at Rotherham and how the agencies behaved there. It is almost as if there is a view that, “He’s a bad ’un; he doesn’t deserve protection.” That is absolutely not the case. We need to be thinking about the person in a very person-centred way. It was very clear that Lee had a learning disability and did not have the capacity to act as an adult, yet he was treated as one. That is one of the real lessons of this case.

With specific regard to the requests of the family, the whole area of transition is certainly of concern to me. We see this issue in relation not just to learning disabilities, but to mental health. In both cases, families are often completely unable to influence support or care for their loved one; they are utterly powerless because they are in the control of institutions. We need to be learning the very clear lessons there.

We need to raise awareness of hate crime against people with disabilities. Too often, we look at hate crime through the prisms of race and gender. To be honest, we look at hate crime through those prisms because it is the victim of a hate crime who will raise it as such and, frankly, people with disabilities are in less of a position to do so. That said, things are getting better. As I said, it is early days for the offence and prosecution of hate crime, but I am told that in the past year the police have recorded an additional 5,558 disability hate crimes; the number is up by 53%. That suggests that people are more inclined to report it and that the police are more inclined to identify hate crime due to disability, but we continue to monitor the situation and see what else needs to be done to protect the vulnerable.