Autism

Cheryl Gillan Excerpts

Tuesday 20th November 2012 Commons Chamber

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

I join in congratulating my hon. Friend on securing the debate. The right hon. Member for Leigh (Andy Burnham) is absolutely right to raise the issue of the definition of autism. Regarding the explanatory notes to the Autism Act, it is important to remember that part of the intention of the review process of the autism strategy was to deal with the definitional issue and keep it under continual review so that we could respond more quickly to new developments than if the definition was included in primary legislation. I hope my hon. Friend will support me in ensuring that the Government visit and revisit this, so that the issue raised by the hon. Member for North West Durham (Pat Glass) is considered seriously, and that we move on.

[Mr Buckland]

I am grateful to my right hon. Friend. We should all acknowledge that with increasing expertise and medical evidence the definitions will change and the way we approach autism will alter. Therefore, a statutory instrument is a more flexible mechanism than having to use parliamentary time to deal with all the concomitant difficulties involved in enshrining definitions in primary legislation. Superficially attractive though that often is, it can be a disadvantage to those with the condition.

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[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

It is a great pleasure to follow the hon. Member for Stalybridge and Hyde (Jonathan Reynolds), and I pay tribute to him for his speech. It is good to know that here in Parliament we do not always shout and bray at each other, but sometimes work together with a common purpose and for the common good. In the same spirit, I welcome the Under-Secretary of State for Education my hon. Friend the Member for Crewe and Nantwich (Mr Timpson), the children’s Minister, to the Front Bench. I also welcome you to the Chair, Mr. Speaker: you have taken a great deal of personal interest in this subject, and I pay tribute to you and your work in that regard.

Let me say to my hon. Friend the Member for South Swindon (Mr Buckland) that I am delighted that this is the subject on which I am making my first speech from the Back Benches for a very long time. It is a subject close to my heart because of my Private Member’s Bill, which was a truly co-operative affair involving Members in all parts of the House. However, the debate also gives me an opportunity to pay tribute to all the families and parents who sent the hundreds of e-mails that enabled us to secure a Second Reading for the Bill, and to put on the statute book what I think was the first, and is still the only, disability-specific piece of legislation in the country.

One of the hidden heroines of that process was my great friend Baroness Browning, who did so much to further the cause. I talked to her just before the debate. She continues to raise these matters regularly in the other place, and I want the Minister to know about an issue that is challenging her particularly at the moment. She is very concerned—as, I am sure, are many Members of this House—about the assessments that are being conducted for the Government, especially those conducted by Atos. I ask the Minister to acknowledge that concern, and to ensure that people with enough experience of autism spectrum disorders are able to make the fair assessments that we all want.

That concern—along with many others that have been expressed in the two speeches that we have already heard—is reflected across the board. It is felt that there is still a great deal to be done. Research by many organisations, including the Back-Bench all-party group but also the National Autistic Society, indicates that people are still having to battle and fight to secure the right support for family members. This year the NAS celebrates 50 years of providing advice and support, and its research illustrates that ongoing battle. Nearly 50% of the parents who responded to a survey that it conducted recently said that they were still having to wait for more than a year to obtain the right support for their children, and 25% were having to wait for two years. That cannot be right in this day and age, given the knowledge of autism that we now have.

Delays in obtaining access to support can have a significant impact. Nearly 70% of those parents said that the progress of their children’s education had suffered because of the lack of timely support, and I am sure that that is echoed in the experience of some of the parents of children with autism who are in the House today. I also think that such delays always result in poorer outcomes for children and young people with autism. My hon. Friend the Member for South Swindon knows that only 15% of adults with autism are in full-time employment, but one of the statistics he gave was 1% short. In fact, the disability task group in Sheffield said 26% of graduates with autism are unemployed, and that is the highest rate for any disability group.

[Angela Watkinson (Hornchurch and Upminster) (Con)]

I know my right hon. Friend has long taken an interest in this subject, but may I recommend to her the ROSE—Realistic Opportunities for Supported Employment—project in my constituency, which transfers such students from further education colleges into employment, and provides support that is gradually withdrawn as they become more independent? That is an example of good practice which I am sure my right hon. Friend would like to see copied throughout the country.

[Mrs Gillan]

Certainly one way to maximise the potential of people with autism is to follow such examples of good practice. The all-party group might want to address these issues in the future. If we want to be hard-nosed about this subject, we could refer to a National Audit Office report published when the Autism Act 2009 was going through this House, which showed that if local services identified and supported just 4% of adults with high-functioning autism and Asperger’s syndrome, the outlay would become cost-neutral over time, and if they did the same for just 8% of such adults, that could save the Government some £67 million a year.

I worked very closely with the NAS during the passage of the Autism Bill, so I know that it strongly supports the Government’s proposed reforms to the special educational needs system. It especially welcomes the introduction of joint co-operation and commissioning duties, the extension of SEN law to cover academies and free schools, and the education, health and care plans for young people up to the age of 25, which will replace the statements.

The NAS has raised some concerns, however, and it speaks from a position of great strength. It runs seven schools for children with autism, and it is setting up an autism free school—in our area, Mr Speaker, of the Thames valley. The new NAS Anderson school in Bristol works with children to address the challenges they face, with the specific aim of helping them move back into community-based mainstream provision. The NAS knows from experience that these new schools are set up in response to great local need and are anchored in their communities. It is essential that children with complex needs can have access to such independent special schools, but I understand there is some concern that under the new system parents may not be able to express a preference for such schools in an education, health and care plan. I urge the Minister to ensure that such schools can be accessed by those who need them.

This debate has focused on the SEN reforms, but the Autism Act 2009 was borne out of a recognition that the specific needs of adults with autism were often overlooked by service designers at the local level and therefore they consistently missed out and did not get the help they needed. Unfortunately, that is reflected in recent NAS research. Some two-thirds of adults with autism are not getting the help they need.

It is vital that we get education provision right. Local authorities must ensure that they not only educate themselves, but implement the Department of Health adult autism strategy in a way that addresses local needs. In working with young people with autism and their families, local authorities must plan at the strategic level for local services and develop individually tailored plans to ensure that children with autism are supported into adulthood and can enter employment and live independently in our communities.

The adult strategy will be reviewed in 2013. That gives us an important opportunity to consider these matters. It also gives us a chance to celebrate improvements —there have been improvements—but we must not ignore the fact that there is still so much more that we need to do. I particularly urge the Minister to take on board the fact that he needs to work with his colleagues at the Department of Health and the Department for Work and Pensions, and with many others, including Members of this House, to ensure that the proposals to reform SEN are fully linked to the work on the autism strategy.

[Mr Tom Clarke]

I am grateful to the right hon. Lady, who has done so much in this field, for giving way. On that point, does she agree that there is something wrong? We have been reminded that only 15% of people with autism are in full-time jobs and only 6% are in part-time jobs, which represents a loss of talent that is wrong not only for the individual but for society.

[Mrs Gillan]

I am grateful for the intervention and am second to none in my admiration for the right hon. Gentleman, who has given far more to this matter over the years than I could ever hope to. His record speaks for itself.

The right hon. Gentleman is absolutely right. When I was preparing my Bill, I talked to an employer who employed high-functioning adults with autism and Asperger’s. I asked how he coped with having employees with Asperger’s, and he said he really liked it because he could be sure that they would do the same task and make the same check over and over again. Quality control was not needed at all because of the excellence of the work of those individuals. We need to recognise that people with autism can be a great benefit to a business or an industry and they are certainly not a liability or somebody who is just taken on to make up the numbers. The right hon. Gentleman’s intervention was very valuable and I wish that more employers would take on people who are on the spectrum.

Finally, parents and people involved in autism often refer to reaching the transition age as falling off a cliff. In my experience, it was less like the romantic idea of falling off a cliff and more like falling into a dark black hole. The Government must continue the work carried out by the previous Government and ensure that the Department of Health and others make sure that when young people with autism reach adulthood their needs are planned for and met by other services so that the black hole does not simply move to the age of 25, as many people fear it might.

We have come a long way in understanding autism, but we have a long way to go in understanding the spectrum and the challenges it presents to Governments and to individuals and their families. The case of Gary McKinnon brought autism back to the forefront of people’s minds and we must ensure that we do not forget the condition. It has been a Cinderella condition; this is the first debate on the subject in three years. We need to cast more light on it and to ensure that as a Government we gain lasting and positive change for people with autism so that they can achieve their full potential in our society. I very much look forward to hearing the Minister’s response.

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[Mr Timpson]

I understand my hon. Friend’s point. He knows that the current code of practice, because of the parliamentary resolution required, has not been changed since 2001, and that creates anomalies—for example, it refers to agencies, such as the Learning and Skills Council, that no longer exist. To make it a living document, we need to be able to keep it up to date and in the proper form that reflects current practice. I shall consider his point and I am sure that we can take it up as the Bill goes through Parliament.

I was trying to give some impression of the thrust of individual Members’ contributions. I want to address some of the points raised by my right hon. Friend the Member for Chesham and Amersham, particularly in relation to independent special schools and the ability of young people and parents to have a preference in their plan. That was also raised by the hon. Members for Newcastle upon Tyne North (Catherine McKinnell) and for Washington and Sunderland West (Mrs Hodgson). As I told the Education Committee, we are working closely with independent special schools to try to get over the hurdle of the legal difficulties and the definition. We hope to resolve those difficulties, because there is a growing consensus that we should have as much involvement with all the schools that parents might want to send their children to as the most appropriate places for them to be educated and to have the support they need. We are hopeful about resolving that, so I hope that reassures hon. Members that it is something we are working on. As I have said previously, we want to ensure that we get that right and do not end up with something that proves undeliverable, as that would not be in the best interests of the children we are trying to help.

In relation to the adult autism strategy, I again pay tribute to my right hon. Friend the Member for Chesham and Amersham for the work she has done. The review is coming up next year, between March and October, and I want to re-emphasise the importance of a cross-departmental effort to ensure that the strategy develops in as co-ordinated a way as possible across Government and that it is not simply taken up by one or two Departments. I am happy to talk with her about how we can achieve that and ensure that every Department plays its part.

Several Members, including my right hon. Friend, mentioned the work capability assessments and Atos. That is obviously something that has been running for some time. The third independent review of how the assessments are functioning has now been published by Professor Malcolm Harrington. It states that real progress on improving the assessment is

“beginning to change positively in the best interests of the individual”.

There are ongoing concerns, as hon. Members have mentioned, and I will be happy to write to the relevant Minister in the Department for Work and Pensions so that they can consider the points that have been raised. The health professionals recruited by Atos or Capita must demonstrate the appropriate skill in assessing people with conditions affecting mental health and intellectual and cognitive functions, and that includes taking into account their history and observing their ability to perform relevant tasks. That should also include those with autism. I take on board the point that has been raised and am happy to share that with the relevant Minister in the Department for Work and Pensions.

[Mrs Gillan]

Even during the course of this debate I have been tweeted by someone in Yorkshire who says that she is working with the Department for Work and Pensions on identifying hidden impairments. Will the Minister ensure that work is really co-ordinated across all Departments so that we maximise on this and do not consign people to the scrap heap because we have not had the right people in the right place making the right assessments?

[Mr Timpson]

I cannot resist offering my right hon. Friend the answer I gave earlier, which is that it is important that the Government work in a co-ordinated way across all Departments. Of course, I am sure that is something we can try to ensure through my correspondence with the Department for Work and Pensions.

The hon. Member for Hayes and Harlington touched on a number of important issues in his contribution. It is good to hear that the trade union movement is stepping up to the plate and looking at the important role it can play in ensuring that autism is thought about carefully when the working environment is considered. On his point about appeals and whether there will be any dumbing down of the right to appeal through the tribunal process, we will in fact be widening the right to appeal. If he looks at clause 28 of the Bill, he will see that it is not just parents who will be able to appeal; young people over the compulsory school age will also be able to. As I iterated only a few moments ago, we are piloting the role children might be able to play in challenging any decisions made on their behalf.

In relation to the restrictions on legal aid, the current arrangements will continue as before. I certainly remember that my hon. Friend the Member for South Swindon was instrumental in some of the elements that ensured that legal aid will continue in this area. Over and above that, it will also be available to young people if they decide to take any of these cases to tribunal.