Covronavirus, Disability and Access to Services

Charlotte Nichols Excerpts

Thursday 15th April 2021 Westminster Hall

[Charlotte Nichols (Warrington North) (Lab)]

It is a pleasure to see you in the Chair, Sir Graham. May I begin by thanking the Women and Equalities Committee for its invaluable work in writing this incredibly important and serious report? The right hon. Member for Romsey and Southampton North (Caroline Nokes), who is the Chair of the Committee, made a number of vital points in her opening address, which I hope the Minister will respond to fully. I thank the Labour Members of the Committee, including my hon. Friends the Members for Jarrow (Kate Osborne) and for Liverpool, Riverside (Kim Johnson), for their robust contributions both to the report and to this debate. I join them in thanking the individuals and organisations that contributed evidence to the inquiry so that the Committee could provide the focus and consideration that the Government have failed to give to the lived experience of disabled people in this country.

The whole country has looked to the Government for action to keep us safe, and they have a particular obligation to protect the most vulnerable, who have been especially exposed to the virus. My hon. Friend the Member for Erith and Thamesmead (Abena Oppong-Asare) highlighted that the virus has exacerbated existing inequalities. Although the past year has been difficult, depressing and frightening for us all, disabled people have suffered even more than the rest. I join her in paying tribute to the work of Inclusion London, which I have also met recently, in highlighting the multiple injustices that disabled people have faced during this pandemic.

As the report states, the Office for National Statistics found in September that almost 60% of deaths with coronavirus were of disabled people, even though they make up only around 16% of the country’s population. In November, Public Health England estimated that the death rate with coronavirus of people with learning disabilities might be more than 6.3 times higher than that of the general population. The report clearly sets out a number of areas where disabled people were unfortunately let down by a Government who should have done better to protect them. Instead, they were failed. The report sets out how too often they were an afterthought throughout the pandemic.

On the provision of food, 60% of disabled people struggled to access essential supplies in the early months of the pandemic, but the report notes that the Government’s definition of “clinically extremely vulnerable”—those medically shielding—“was an inappropriate proxy” for disabled people who needed help accessing food. That influenced the policies of the supermarkets, as the British Retail Consortium made it clear that it had been directed by the Government to prioritise the clinically extremely vulnerable group for online deliveries. We all know that demand for delivery slots increased vastly, and many disabled people who were not considered clinically extremely vulnerable had to rely on community volunteers. We thank everyone who stepped up to assist in that way, but it is not the standard of support that disabled people deserve.

The report calls for a Government assessment of the effectiveness of using the clinically extremely vulnerable definition for food provision, and we would welcome that assessment as well, because, in the words of the report, the definition

“may have contributed to some supermarkets overlooking their legal obligations to make reasonable adjustments for the broader population of disabled people”.

The report quotes the evidence of Fazilet Hadi of Disability Rights UK, who said that

“tens of thousands of other…disabled people felt that, for various reasons, maybe not medical, they could not go out either. It may have been that they were blind or had learning disabilities and felt social distancing would have been difficult. […] it might have been because they could not stand in queues for a long time. There are a whole host of reasons.”

That is why Labour agrees with the report that the Government need to adopt a social model of disability that recognises the challenges of lived experience that go beyond medical impairments to consideration of how we remove societal barriers.

The Government’s response to the report does not address that issue, even though it was the subject of a specific recommendation. Will the Minister explain why the Government did not recognise this issue sooner and urge supermarkets to use definitions other than “clinically extremely vulnerable”? When the NICE guidelines for critical care put too much emphasis on the clinical frailty scale, a revised set was published four days later. Why could the Government not make adjustments as they saw the real world impacts of their decisions?

I have discussed a number of the impacts on people with learning disabilities before, such as in a debate in December. At that time, the Minister for Social Care assured me that the blanket “do not resuscitate” orders were unacceptable and had been stopped, that the CQC was reviewing them and that an updated framework required GPs to review all such decisions for people with learning disabilities, to make sure that they are appropriate. My hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq) was absolutely right to highlight the horror it has caused disabled people and their families to learn that they may not receive the care that they deserve and should be able to expect in their time of greatest need.

The CQC has since reported, saying that

“poor record keeping and lack of audits meant that we could not always be assured that…decisions…were being made on individual assessments. Once…decisions were in place, it varied whether providers and local systems reviewed them.”

The CQC also said that of the 508 decisions put in place during the pandemic that had not been agreed in discussion with the person, their relative or carer, around a third— 180 out of 508—were still in place by mid-December. Is the Minister confident that all of these decisions have now been properly reviewed?

My hon. Friend the Member for Liverpool, Riverside powerfully raised the crisis in social care and its impact on disabled people, alongside the harmful easements in the restrictions under the Coronavirus Act that affect the quality of care that they can expect to receive and the impact on their dignity. The report highlights the Government’s initial focus on the health service at the expense of social care, and the lack of personal protective equipment provision. That speaks to the Government’s ongoing neglect, as spending on adult social care has fallen in real terms by 2.1% since 2010-11, despite an increase in demand. Adult social care needs both funding and reform.

My hon. Friend the Member for Jarrow spoke at length about the impact on children with special educational needs or disabilities during the pandemic. On SEND, the report sets out how many children and young people received little or no support for three months, and it stresses the importance of the Government’s SEND review. I hope that the Minister can tell us in his response what scope the review will have to consider the focus on SEND in mainstream schools, including funding arrangements, and when the review is expected to be published.

Across all of these areas, the report says that

“we have been disappointed…with the Government’s attention to equality issues.”

It will not come as a surprise to those of us who see Ministers’ attitudes to equalities as just another opportunity to wage their tired and divisive “war on woke”, but this is where we see the real world impact.

The report states that, because of the need to restore disabled people’s confidence that their needs are given equal consideration, the Government

“should consent to the Equality and Human Rights Commission issuing a statutory Code of Practice on the Public Sector Equality Duty.”

Labour supports that call.

One issue not mentioned in the report, but which has a massive impact on disabled people, is the Government’s failure to uplift legacy social security benefits, even in line with the temporary £20 increase in universal credit. They have failed to support more than 1.9 million disabled people who have faced increased costs as a result of the pandemic, such as to pay for PPE for their carers. That once again exposes the fact that the Government’s priorities do not include the most vulnerable. There is some unintentional comedy in the report, about consultation:

“Ministers described a very positive, inclusive approach with open lines of communication.”

Most witnesses had a different perspective.

All of us understand and, indeed, sympathise about the difficulties of setting up new rules and systems in a hurry at the beginning of the pandemic, but Ministers should learn from mistakes and not deny reality. Something that has been raised in the debate by several hon. Members, and repeatedly with the Government over months, is the question why they—and not least the Prime Minister—have been so resistant to having British Sign Language interpreters at the briefings. The report makes it clear that that has been alienating and dangerous for deaf people, and people with hearing difficulties.

My hon. Friend the Member for Hampstead and Kilburn rightly raised the question of other barriers that deaf people face, including the lack of provision of clear face coverings in public sector settings, which made communication extremely difficult for those who rely on lip-reading. My hon. Friend the Member for Erith and Thamesmead also raised important issues about the adverse effects in connection with accessibility of public transport—something that the shadow Women and Equalities and Transport teams have raised with the Government—particularly for such things as pre-booked passenger assistance.

The lack of progress in those areas says much about how the needs of disabled people have been overlooked or neglected during the crisis. The Select Committee report calls for a separate independent inquiry on the impact on disabled people, once the situation is stable, as I hope it now is. I look forward to the findings of that inquiry, so that disabled people cannot be overlooked again. I look forward to the Minister setting out a timeline for the beginning and conclusion of the inquiry. We cannot accept more delay while the needs of our disabled constituents continue to be unmet by the Government.