Health and Care Bill

Baroness Bull Excerpts

2nd reading
Tuesday 7th December 2021 Lords Chamber

[Baroness Bull (CB)]

My Lords, I join other noble Lords in welcoming the noble Lord, Lord Stevens, to this House, and I join in the welcome for this Bill, in so far as it enables greater local collaboration to deliver integrated care. However, I also share concerns expressed across the House today that the Bill must do more to address the health inequalities exposed and exacerbated by Covid. The Bill offers a chance to make progress on reducing unfair, systematic and avoidable differences in health between different places and communities, yet its core duty in relation to this—

“to have regard to the need to reduce inequalities between patients”

in terms of access to and outcomes from health services —is unchanged from the existing legal framework despite this duty having failed to deliver the change required.

The narrow focus on access to and outcomes from health services ignores the key point that health outcomes are influenced most strongly by the social, economic and environmental conditions in which people live. As my noble friend Lord Mawson explained so well, NHS organisations are significant local players; they are rooted in their local communities, yet they operate at scale. By acting in place-based partnerships with local government, the voluntary sector and other anchor institutions, they could positively influence the broader social determinants of health in their locality; but retaining the current duty, as narrowly defined, misses this potential.

The new triple aim also fails to mention health inequalities, missing the chance to drive home the need for action. The Minister in the other place argued that the requirement to promote health and well-being, combined with existing duties, obviated any need for a specific reference, but the widening gulf in inequality suggests that existing duties are not enough. I hope that the Government will heed the calls today, including from my noble friend Lord Kakkar, for this omission to be addressed.

Also missing from the Bill is the explicit inclusion of parity of esteem for mental and physical health. A decade after the Health and Social Care Act 2012 placed a duty on the Secretary of State to secure parity of esteem, mental health services are still underfunded, with mental illness representing up to 23% of the burden of ill health but only 11% of NHS England’s budget. This Bill must unambiguously restate the commitment to parity, offsetting any suggestion that “well-being” be understood as a proxy for mental health; it is not the same thing.

One group disproportionately impacted by health inequalities is the 1.2 million people in England with a learning disability and/or autism. Annual mortality reviews have highlighted their increased likelihood of dying from causes that could have been treated, and of dying younger than their peers in the general population: 23 years younger for men with a learning disability, while for women it is 27. The NHS Long Term Plan prioritises people with a learning disability, while the Government’s autism strategy expects that all integrated care boards established by this Bill will have

“a named executive lead for autism and learning disability”.

So will the Government follow their own advice, and stipulate in the Bill that ICBs include this named lead?

Other noble Lords have spoken on changes to the cap. I want to highlight the impact on working-age adults in the social care means-tested system of the Government’s announcement on 17 November that local authority contributions towards care would no longer be counted towards the cap on a person’s total care costs. In England, a quarter of a million working age adults rely on social care to live independent lives, and they stand to be particularly disadvantaged. They are disproportionately asset- and savings-poor. They are likely to receive care for longer periods and therefore to accrue higher costs. They are also more likely to pay care costs that do not contribute to the cap, such as the cost of a personal assistant to enable them to work or enjoy social activities. Sir Andrew Dilnot proposed a zero cap on anyone developing an eligible need up to the age of 40 on the basis that they could not be expected to have planned for their needs, nor to have accumulated assets to pay for them. If the Government continue to reject a zero cap, how will they mitigate the risk of catastrophic care costs on those least able to bear them?

Finally, the Minister stressed again in his opening remarks that much of this Bill simply puts existing integration efforts into legislation or gives effect to policies emanating from the NHS itself; in other words, we are told that disruption is minimal. But this Bill is just one among a suite of reforms, White Papers, reviews, transformations and reconfigurations. The Government need to do more to articulate a vision for how they work together, and how, as a whole, they will deliver for communities, patients, service users and the workforce. They need to demonstrate to the people who will have to implement these changes, while dealing with the impact of a global pandemic, how all these measures will combine to significantly improve health and care.