Autism

Edward Timpson Excerpts

Tuesday 20th November 2012 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I thank the hon. Member for South Swindon (Mr Buckland) for securing the debate and for the sterling work he and others do on the all-party group.

I came to this issue in the same way as most other Members of the House. After being elected in 1997, I dealt with case after case of families trying to fight their way through the statementing system. Families would come to me with packed files of different reports and threats of legal action. In addition, I was dealing with an adult aged 29 who had just then been diagnosed as being on the spectrum with Asperger’s. I accept that Asperger’s is a relatively recent diagnosis, but he had gone through school and into adulthood without any real support.

When I came to the House I sought the support of any other Member who had any experience, and the best advice I received was from Angela Browning, now Baroness Browning. She befriended me and took me step by step through the processes to secure for my constituents at least some access to services and their rights. That is how I became engaged in the subject.

When the right hon. Member for Chesham and Amersham (Mrs Gillan) fought her sterling fight to enact the Autism Bill, I was put on the Committee. It was rare in those days for me to be on any Committee, so it was clearly a subject on which I could not have done much damage. The right hon. Lady led a superb campaign that was subtle as well as incisive. It mobilised organisations and individuals across the country, the letters campaign worked, there were constructive discussions with Ministers and we managed to get a consensus across the House.

I want to touch on two points, one in relation to adults and the other in relation to children. The work that was done then has had a widespread effect on a large range of organisations, some of which would not be expected to engage on the subject. For the first time, the trade union movement has taken up the issue. The RMT is running a series of seminars on autism to support its members at work who are on the spectrum or who have family members who are on the spectrum—a major breakthrough. I pay tribute to Janine Booth, who is on the executive of the RMT. To give Bob Crow his due, the union has supported the seminars 100%. I attended the first one and the second is to be held tomorrow.

What has come out is a thorough discussion of the scale of discrimination encountered just to get into work and once people are in work. There are some appalling examples of people being ostracised. That is why the union now says that it has a role in ensuring that recruitment practices are fair and non-discriminatory, and in representing its members when they are in work to make sure they are not discriminated against. Those discussions have highlighted some real problems and the need to look into employment discrimination and perhaps to tighten the legislation to prevent discrimination.

I have to refer to the Atos system and applications for disability benefits that was set in motion by the previous Government. The Harrington reviews have been conducted, but the system is not working. Those turning up for Atos assessments are being assessed by people with no specialist knowledge of the subject area. That is causing immense distress and, yes, loss of benefit and loss of all income. We need to look again at that process. I have tabled various early-day motions. I am so frustrated by it that I think the system needs to be scrapped and that we should start again.

I pay tribute to organisations that are campaigning on the matter—Disabled People Against Cuts in this country, and Black Triangle in Scotland. It is worth reading the Spartacus report that was published two weeks ago, which gives individual examples. Large numbers of examples have been collected, showing how people have been treated and what they feel. In the cases I have been dealing with, many people who are on the spectrum are lost within the system and as a result lose benefit and are living in poverty. Often they are desperate to work.

The other issue is local authority cuts. In my area, speech and language therapy is being cut again and the local authority is no longer commissioning the service from the local health trust. That is having an impact. I have sat in on speech and language sessions over recent months. They are fundamentally important for early diagnosis and early intervention—pre-school intervention wherever possible. Children’s centres identify children who may not have been picked up in the past. I am worried that the pressure on local authority resources is having an impact on such specialist services.

I echo what was said by my hon. Friend the Member for Stalybridge and Hyde (Jonathan Reynolds). I work closely with a group in my constituency, Hillingdon Autistic Care and Support. Some wonderful people set it up and worked with our local authority on a cross-party basis. They have taken over one of our children’s centres and they bring parents together and provide direct services. They display a superb understanding and appreciation of families’ individual needs. A couple of weeks ago, the group held a meeting where all the parents turned up to talk about the new legislative proposals and voice their concerns.

The existing system may have been difficult to battle through, and we were looking for reform to make it easier, but not to undermine some of the basic securities. At least when parents got a statement, they knew what rights they had, what was to be delivered and the time scales involved, and they could use that to enforce the supply of services. Exactly as my hon. Friend said, however, there is now confusion about whether there is still a real right to request an assessment, and anxiety about whether the “best endeavours” wording is specific enough to define the nature of the services that are to be provided, as of right, or the time scales on which they will be provided. There are real worries among families.

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

I will discuss that point in my response to the debate, but I think it will help Members if at this stage I clarify what I said to the Select Committee last week about the rights that parents now have in relation to statements and what flows from them, and what we aim to achieve with the new system. Let me make it absolutely clear that the rights parents have in the current system will flow through to the new system—in fact, in many areas they will be enhanced through the introduction of a longer transition up to the age of 25.

[John McDonnell]

I welcome—everyone welcomes—the longer transition, and my hon. Friend the Member for Stalybridge and Hyde made that point. It would be useful to get it on the record that people want the specific right of the appeal that has existed since the Education Act 1981 to be endorsed in the new legislation as well. We need to give people security that that will happen, and if that is what the Minister is saying, that is incredibly helpful.

Mandatory mediation also came up in the group discussion. I have never known mandatory mediation to work in any walk of life. If people are not willing to go into mediation, it does not usually work. To have mandatory mediation that involves penalties as well is, I think, completely counter-productive, but it has worried people, and on that ground a rethink is needed, and perhaps further clarification about how that will be introduced is needed. The parents, who got a lawyer to take them through what they envisaged the new system would be, wrote to me to say that what they had seen was extremely complex. My hon. Friend made the point about the difficulty of knowing what is referable to a tribunal. Is it now only education matters? What about health and other matters—where can they be referred to and where can parents appeal? Getting some clarity and simplicity in the system is critical.

In some cases in my area we have had to resort to law, using legal aid. There is therefore some anxiety about some of the restrictions on access to legal aid. Some clarity about that would be extremely helpful.

Everyone has their own experience and some of these cases are the most distressing I have ever dealt with, but I read John Harris’s piece in The Guardian a few months ago and recommend it to other hon. Members, because it summarised for me exactly what many of the parents in my area have gone through. They have been fighting their way through the system and then the Government come along and promise the opportunity of improving it, but now many fear that, in fact, we may be going backwards unless we get secure commitments from the Government.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

This has indeed been a truly excellent debate. I join all those in the Chamber today in congratulating my hon. Friend the Member for South Swindon (Mr Buckland) on securing so much time in the main Chamber for what we all agree is a very important subject. As the parent of a child with autism, whom I was privileged to meet last week, my hon. Friend has championed the cause of all children and young people who are on the autistic spectrum with such diligence, passion and vocation. It is a testament to him that in his constituency the Swindon SEN Network is proving to be a real help to many children. I am pleased to be able to pay such a heavy tribute to him.

I should also pay tribute to my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) for her work. She was instrumental—indeed, she played a pivotal role—in getting the landmark Autism Act 2009 on to the statute book. The impact of that Act continues to resonate to this day. I also pay tribute to you, Mr Speaker, for your work to make many more people aware of the plight of young people with autism. I am pleased to learn that, in Baroness Browning, the hon. Member for Hayes and Harlington (John McDonnell) and I have a mutual friend—not something I ever expected—and that we are both benefiting from her vast experience. Finally, I join others in praising the work of the all-party group on autism, its Chair, my hon. Friend the Member for South Swindon, and all the officers here today.

I thank all hon. Members who have contributed so constructively to the debate. It is heartening to hear that there is strong cross-party support for the general thrust and direction of our reforms. I shall endeavour to cover as many of the points made in the debate as I can, but if fail to do so in the short time available to me, I shall of course answer in writing to the hon. Members who made them.

My hon. Friend the Member for South Swindon spoke about his personal experience. He explained how he and his family had been through the mill because the system had not worked and how, like many parents, he felt that there was an obsession with process and categorisation, rather than with outcomes for children with autism. I shall try to answer that and many of the other points he made in the body of my speech.

The hon. Member for Stalybridge and Hyde (Jonathan Reynolds) also spoke from personal experience of bringing up a child with autism. His was a powerful and thoughtful speech, and I shall pick up one or two of the points he made now, because they are important. He talked about parents’ rights, and I intervened on the hon. Member for Hayes and Harlington to clarify the point, which I also discussed with the Select Committee. The new system of education, health and care plans will carry through all the rights that parents have under the current statementing system—in fact, they will be extended in some circumstances. Young people will also have additional rights, such as to choose the type of further education establishment they attend, and we will also run pilots in which children have the right to take cases to tribunal. In no sense are we attempting to diminish the rights available to parents; instead, we are trying to enhance them. The legal force of an education, health and care plan will be the same as that of a statement. I hope that that gives the hon. Gentleman some reassurance.

[Jonathan Reynolds]

Parents across the country will be reassured by the Minister’s statement. What form does he believe that provision will take? Will it be made by amending the Bill, or through secondary legislation and regulations? If that is the case, perhaps members of the all-party group could be part of the process, to help make the legislation as effective as possible.

[Mr Timpson]

The legislation we have is in draft form and is undergoing pre-legislative scrutiny. We are listening carefully to all the concerns raised by parents and others to make sure that, as all speakers have said this afternoon, we get it right. Where it is not clear, we are happy to look and to make sure that it is absolutely clear. Of course, with the code of practice and regulation to come, we have the opportunity to set out in more detail how everything will hang together and play out on the ground for parents. I was pleased to hear the hon. Member for Washington and Sunderland West (Mrs Hodgson) say that the Opposition want to play a role in developing that.

[Mr Buckland]

Will my hon. Friend carefully consider the point I made about the need to make sure that the code of practice is enshrined in secondary legislation, so that there can be both certainty and, if and when it needs to change, flexibility, as it will be a living document?

[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.

[John McDonnell]

Another point that I raised related to clause 39 on the responsibility on the local authority to use its best endeavours, which replaces the obligation on it to implement the statement. Will there be any discussion or reappraisal of that?

[Mr Timpson]

No. The “best endeavours” provision relates to the school as opposed to the local authority, which will still have the duty that exists now. I am happy to put that in writing for the hon. Gentleman, but I hope that that clarifies his point.

My hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) told us about her visit to TreeHouse school, which I understand has just received an outstanding Ofsted inspection rating, so I congratulate it on that. She also told us about the great work that Squirrels residential unit in her constituency is doing, and about the importance of ensuring that those who turn 16 do not have their opportunities narrowed as a consequence of their reaching that age.

The hon. Member for Strangford (Jim Shannon), who decided that I might have some culinary skills that I did not know existed, invited me to look carefully at how the reforms on autism are playing out in Northern Ireland. I am happy to do that, both in relation to how they have worked well and to how we can perhaps learn some lessons where they have fallen short of the expectations that were placed in the legislation.

I am grateful to the hon. Member for Ceredigion (Mr Williams) for his contribution and for his invitation for me to look at what is happening with Autism Cymru and the all-age strategy for autism that has now been running for four years. His experience of teaching prior to coming to this House has clearly given us the benefit of his ability to be a strong contributor to the Bill as it moves forward, and I look forward to his future contributions.

The hon. Member for Newcastle upon Tyne North (Catherine McKinnell) told us about Thomas Bewick school in her constituency and the inspiring work that it is doing for children with autism. She asked about the work of the Autism Education Trust. For the past two years, the Department has grant-funded the AET to the tune of £1.2 million, but I am pleased to say that there is now a further opportunity for it to apply for the grant that we have offered for the next two years as part of our voluntary and community sector grant funding, as well as a further contract for work with children with autism. I hope that the AET will look at that and see that it could put in a strong bid that we will be able to consider.

My hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) told us about a troubling case in his constituency and the importance of training police officers, which comes to the fore when they are dealing with people with mental health problems and those who may display behaviours which, if officers do not have awareness of the condition, may lead them to make a decision that is not based on the best interests of those individuals.

My hon. Friend the Member for Portsmouth North (Penny Mordaunt) told us about the parents autism workshops and support project, which I need to learn more about to hear about how it is helping many young people in a very innovative way. She asked whether I would like to hear more about the cases that she has raised. Yes, please; we are still at a listening stage in the pre-legislative scrutiny of the Bill, and anything that can enhance my knowledge and understanding of the effect of the current system on parents and young people can only help to ensure that we get the whole Bill right throughout its passage and into the implementation stage.

I thank the hon. Member for Washington and Sunderland West for her welcome invitation, as I see it, to work closely and collaboratively in trying to ensure that we get the Bill into the best possible state that it can be so as to help and benefit as many young people and children as possible all the way through from the ages of 0 to 25, as the new reforms will. I look forward to those discussions as we move forward. She is right that young people with autism are a huge asset to our society; they enrich it, and we should always remember that. We should not forget that they want to make a positive contribution, and we should do everything we can to make sure that they can do just that.

There are many more things that I wanted to say and I am sorry that I do not have more time to do so. I am pleased that the debate has managed to flush out many of the issues that are troubling parents as we move forward with the Bill, and that it has given me an opportunity to reflect on many of the excellent points made by Members across the House. As the Minister charged with reforming the SEN system, I am under no illusions about the importance of getting this right. I thank all Members for their excellent contributions and look forward to continuing our discussions as we move through the stages of the Bill. Finally, I commend my hon. Friend the Member for South Swindon for his great work.

Question put and agreed to.

Resolved,

That this House has considered the matter of autism.