Disability Allowance

Kate Green Excerpts

Tuesday 30th November 2010 Westminster Hall

[Mr Clarke]

Again, the hon. Gentleman is absolutely right. He will know far better than I do what is happening in Northern Ireland, but one of the persons whom I quoted earlier comes from the Province and I know that there are very severe difficulties there, too.

So what are we saying as we ask these questions, seek more information and express the views that we know disabled people living in residential care and their carers hold? We are simply saying this. While disabled people who live at home are to keep the mobility component of their benefits, and that is as it should be, it cannot be right, it cannot be fair and it certainly cannot be equitable for 58,000 disabled people in residential care to be hammered with a 69% cut in overall benefits.

Let us hear what care homes themselves are saying. The chief executive of Norwood, a fairly large, third sector provider for people with learning disabilities, wrote this to me:

“I am delighted that you are able to draw this matter to the House’s attention as it is certainly an issue that appears to have been so far unclearly presented. We provide residential Care Homes for 250 people whose needs are profound or complex in nature…they therefore require additional support for their daily requirements.

The mobility component of the DLA is given only to those people whose mobility is severely impaired. As such it enables them to access day opportunities, shops, leisure pursuits, holidays (often requiring special transport), all things that more able-bodied people take for granted.

To remove this allowance would be extremely regressive.

Surely the solution is straightforward…the mobility component remains to ensure that the people who need it are not penalised. LAs”—

local authorities—are

“instructed never to include this in their fees and the mobility component remains intact.”

[Kate Green (Stretford and Urmston) (Lab)]

My right hon. Friend rightly highlights the need sometimes for special transport for people who are in receipt of this component. Does he agree that they have very considerable difficulty accessing mainstream transport, which may be ill equipped to meet their needs and which may also mean that they encounter hostile public and staff attitudes, and that therefore it is particularly important that they can fund transport that does adequately meet their requirements?

[Mr Clarke]

Transport is vital to the quality of life of the vast majority of disabled people, but particularly those living in residential care. My hon. Friend makes her point very well.

I come now to the views of organisations of and for disabled people. It must be well known to right hon. and hon. Members that they have been virtually unanimous in their response. For example, Scope says:

“Disabled people are particularly vulnerable to cuts in services and benefits. They are disproportionately reliant on health, social care, housing and transport services, and also, as a result of low employment rates and the additional costs associated with living with an impairment, more likely to live in poverty and/or rely on benefits for a large proportion of their incomes.”

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[Robert Halfon]

I am here today because I accept that this is a serious problem. Opposition Members do not have a monopoly on compassion; I care just as much about disabled people as they do.

Let me explain what I want to happen and what I believe should happen. Local authorities will have a legal obligation to provide mobility services for residents from their social funding. That funding will increasingly be distributed in the form of personal budgets, giving disabled people more choice and control over their services, including access to mobility equipment, taxis or scooters, if that suits them. That will end the anomaly whereby two state-funded residents with similar needs who are placed in the same care home can be treated differently according to whether they are funded through the NHS or the local authority.

I welcome the fact that the Government are waiting until 2012 to introduce this change, because it is important to give local authorities enough time. They will need safely to translate people on to personal budgets and to get those budgets up and running on a mass scale. Despite the welcome introduction of personal budgets in 2007, progress in rolling them out was simply too slow.

[Kate Green]

One difficulty that many of my constituents face is that they are in residential care outside the borough because there are insufficient places in the borough, which means that their transport costs are higher. Does the hon. Gentleman share my concern about stretching personal budgets far enough to meet those costs?

[Robert Halfon]

In some ways, I agree with the hon. Lady. The whole point of my argument is that we need to extend the personal budgets.

As was mentioned, the Audit Commission recently highlighted the fact that although some local authorities were on course to offer 30% of eligible people a personal budget by April 2011, most were not, and only six out of 152 councils are currently on track. What is more, a 2010 survey showed that only 6% of total spending on adult social care was allocated to personal budgets. That is a disappointing record, given the huge potential of personal budgets to give disabled people more independence.

My central concern is that we must help the 58,000 claimants I mentioned to access personal budgets before the mobility element of DLA is withdrawn. On that basis, I have a few questions for the Minister. Will she reassure hon. Members that the Government will seek to migrate those 58,000 claimants to personal budgets before 2012? Will she set out how the statutory requirement for local authorities to provide mobility services will work in practice? Finally, will she reassure my constituents that disabled people will continue to be supported so that they can keep their independence and mobility?

In conclusion, many people in Harlow are concerned for their families. They do not have a political axe to grind, but they are genuinely anxious about the future. As someone with a disability, I know that any change, or any threat of change, can cause immense anxiety, even if the outcome is not as drastic as expected. The problem with the changes that have been proposed is that decent people are worried. I hope that the Minister will be able to reassure hon. Members and my constituents that disabled people and their families will not suffer as a result of these reforms.

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[Kate Green (Stretford and Urmston) (Lab)]

I am grateful for the opportunity to speak in the debate under your chairmanship, Mr Crausby. I congratulate my right hon. Friend the Member for Coatbridge, Chryston and Bellshill (Mr Clarke) on securing the debate, because there is clearly considerable interest and concern right across the House.

I know that several Members would like to speak, and my right hon. Friend has eloquently presented many of the points that I would have raised, so I will highlight just three issues. First, I remind right hon. and hon. Members that disability living allowance is intended to meet social and participation needs, not to provide support for medical needs. That underpins the reason why so many of us in the debate are so concerned about its removal from people in residential care. To some degree, such people are already isolated from the community because they are in special and slightly artificial circumstances, and many of them are acutely aware of that special isolation. The mobility component of disability living allowance enables people to leave that residential setting from time to time for leisure or social purposes, to be with their families and, in some cases, for employment and educational purposes, so it is a precious aspect of their social participation rights.

[Mr Andrew Smith]

My hon. Friend brings enormous expertise to the debate. One point that has not been mentioned so far is that entitlement to DLA is a trigger for accessing the Motability scheme. As she says, contact with the community is enormously important, and some of the people we are talking about have jobs. Will people not risk losing the cars that they get through the Motability scheme? Is that not awful?

[Kate Green]

I am grateful to my right hon. Friend for raising that. I am also grateful to a number of disability organisations, including RADAR, the Royal National Institute of Blind People and Leonard Cheshire Disability, for highlighting the fact that individuals need to be in receipt of DLA for three years to access the Motability scheme. As my right hon. Friend says, there is a very real risk.

Fundamentally, we are talking about a threat to the independence of people in residential care settings. That threat arises because the costs and inconvenience of leaving those settings are greater for such people than they are for those who do not need the mobility component of DLA. The mobility component helps those in a residential setting to go beyond the basic level of transportation—for instance, when attending medical appointments. It enables full participation.

I hope that a full impact analysis of the proposals will be directed specifically to social and participation needs. I would welcome such an undertaking from the Minister.

[Gavin Barwell (Croydon Central) (Con)]

To what extent does the hon. Lady believe that local authority care contracts should take account of the needs that she mentions? She makes a precise distinction between medical needs and wider social needs, but all Members here today would agree that those needs are equally important. To what extent should local authority care contracts take account of them?

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[Kate Green]

I thank the hon. Gentleman for that point, which builds on one raised by the hon. Member for Banff and Buchan (Dr Whiteford).

Although local authorities might be expected to make full provision within their care packages, many will not—or may not be able to afford do to so because of inadequate funding. We also have anomalies in the system between those in residential care who pay for themselves, those with places in residential care that are funded fully or partly by the local authority, and residential care that is funded by the NHS. As my right hon. Friend the Member for Coatbridge, Chryston and Bellshill said, we need certainty and consistency of treatment, and we need adequacy of funding. Given the stretch on local authority budgets and the cuts they face, it is not clear whether disabled people in residential settings can be fully assured of equality of treatment.

I turn to the question of how disabled people will feel as a result of the proposal. It has the potential to threaten their dignity and cause considerable humiliation and hurt. I repeat something said to me by Mrs Khan, a constituent, who is the mother of a profoundly disabled young adult in residential care. She asks, “How will our son come home to see his family, as we will not have a vehicle to bring him home? What happens to his human rights?” She says, “Because he is disabled, is he not important?” That is the impact of this decision on her. Although I am confident that it is not the Minister’s intention to cause such hurt or humiliation, there is a real sense of not being seen as worth while. In the context of the big society, many disabled people feel they are now considered not worthy, not necessarily part of it.

[Dan Rogerson (North Cornwall) (LD)]

The hon. Lady is making an excellent contribution to the debate, particularly on the question of employment, which had not been mentioned before. Does she agree that many of those in residential settings who are in receipt of the benefit have the most complex needs, and transport may be more important to them than it is to others? Although the Government want to challenge spending across the entire area, they may need to revisit this because those most in need will be affected simply because of where they live.

[Kate Green]

The hon. Gentleman makes a good point. We are talking about some of the most vulnerable and excluded people, and they have particularly high levels of need and face a higher risk of poverty—not least because of the additional costs often incurred by them and their families in order to cope with living with a disability.

There is a clear sense among my right hon. and hon. Friends, and I suspect more widely in the House, that this group is small but highly vulnerable and we ought to be offering them extra protection, rather than stripping it away. I urge the Minister to reconsider this policy, particularly in the light of the helpful comments offered on the cost of benefit; £135 million is not a substantial sum in the context of £18 billion of benefits cuts.

I alluded earlier to disabled people’s sense that their dignity and their rights are under attack. Will the Minister tell us what consideration has been given to the UN convention on the rights of persons with disabilities, particularly article 20? Regarding disabled children—in that respect, I had a helpful briefing from the Every Disabled Child Matters campaign—what attention has been given to the UN convention on the rights of the child? That convention specifically requires the UK, as a signatory, to ensure that children can access play, leisure, cultural and artistic facilities. What discussions has the Minister had with her counterparts in the Department for Education to ensure that such provisions can be kept in place?

There is widespread concern that the policy should be reconsidered. Most important, however, the voices of disabled people and their families must be heard. I ask the Minister to explain more fully how that consultation will take place. I hope that the significant and genuine concerns of disabled people and their families will be responded to, and that the policy will be reversed.