Disabled People

Lord McKenzie of Luton Excerpts

Thursday 28th June 2018 Lords Chamber

[Lord McKenzie of Luton (Lab)]

My Lords, let me begin by offering my congratulations to the right reverend Prelate the Bishop of London on a wonderful maiden speech. That passion for the NHS will sit well with us all in this House. Perhaps I may also say that if she is tempted to exercise the calm authority of matron in this Chamber from time to time, that may not go amiss—but of course, not on these Benches.

This has been a worthy debate and I join with others in thanking the noble Baroness, Lady Thomas, for its initiation. As the debate has highlighted, and the briefings we have received confirm, the challenges facing disabled people today are many and considerable. We have heard a very full range of contributions, so I hope noble Lords will forgive me if I do not touch on all of them.

The noble Baroness, Lady Thomas, spoke about the extra costs for independent living that disabled people face, and about DFGs and the aspiration to have 1 million more people in work—it was a very full contribution. The noble Lord, Lord Holmes, and the noble Baroness, Lady Wyld, spoke about the importance of disabled people and public appointments. I wish the noble Lord success in his review. The noble Lord, Lord Bruce, and the noble Baroness, Lady Howe, talked about the challenges for deaf people and the need for cohesion and specialist education. The noble Lord, Lord Patel, spoke about palliative care for children and the unfair funding of children’s hospices. The noble Lord, Lord Shinkwin, spoke about the generosity of the taxpayer. It depends quite where you stand on that as to who gets the benefit and who takes the hit. The noble Baroness, Lady Brinton, spoke about the Equality Act and short-term care support; the noble Baroness, Lady Masham, about the blue badge scheme; the noble Baroness, Lady Eaton, about the Global Disability Summit; the noble Baroness, Lady Ludford, about accessibility in public places; and the noble Lord, Lord Low, about challenges that I will come on to and strike common cause with him on in a moment. The noble Baroness, Lady Uddin, spoke about changes to address the position of vulnerable individuals and sexual predators; the noble Lord, Lord Addington, about dyslexia and using assistive technology more effectively; and the noble Lord, Lord Luce, about the proposals from Dame Carol Black—proposals I worked with her on a long time ago, when I was in a different role. I do not think we have ever cracked it, because I do not think that occupational health has ever been part of the National Health Service. With the benefit of hindsight, I think that we might have done something different there.

Independent evidence of the challenges facing disabled people can be found in an examination of the UK’s report to the UN’s Committee on the Rights of Persons with Disabilities—to which the noble Lord, Lord Low, and the noble Baroness, Lady Jolly, referred—following an investigation under the optional protocol. The committee expressed concerns about extensive evidence which shows that disabled people in the UK face significant challenges to enjoying their rights across all areas of life, including inaccessible housing, transport and information; barriers to achieving justice; inappropriate long-term placements for people with learning disabilities or autism, and the lack of provision for supported decision-making. The briefing from Scope refers to the challenges of accessing social care and employment, and the briefing from Sense refers to the longer-term planning and funding needed for the 1.7 million disabled people supported by their friends and families and the fear of what will happen when family carers are not able to provide that support on an ongoing basis.

Concerns have been raised in particular over three areas of rights for disabled people: an adequate standard of living and social protection, work and employment, and independent living. In my limited time, I want to say something on the first two. As for standards of living, as the noble Lord, Lord Low, mentioned, we now have the benefit of a cumulative impact assessment of tax and benefit changes between 2010 and 2018 commissioned by the EHRC. The conclusion that households with one or more disabled members will face large and disproportionately negative impacts from the changes is to be deprecated, and let us not forget that for most of this period we had a coalition Government who were complicit in these matters. Households with at least one disabled adult and a disabled child could face annual cash losses of more than £6,500.

These changes result mainly from the changes to the benefit system, including the freezing of working-age benefits, changes to disability benefits and reductions in universal credit rates. Concerns should focus not only on the structure of the key benefits—PIP, ESA and universal credit—but on how they are administered. The abolition of working-age DLA and its replacement by PIP was announced without any prior consultation and with the express aim of cutting expenditure by 20%, a deliberate hit on disabled people. We know that the implementation of PIP has been little short of a disaster, with the Government just having had to announce a fifth review of benefits for disabled people to identify those entitled to back payments.

Disability Rights UK, which has been pursuing statistics on the DLA-to-PIP move, reports that half of DLA claimants who were in receipt of the higher mobility rate were refused it on moving to PIP, with many losing their right to join the Motability scheme. The introduction of the 20-metre rule has been particularly damaging. Both PIP and ESA have been bedevilled with poor administration from application to assessment to decision-making and to challenge. Surely it is time to bring it all in-house and not to renew contracts, on a short-term basis or otherwise.

New claimants of ESA have lost entitlement to a work-related activity component. The application of sanctions continues to be problematic and the bedroom tax continues to bite—more than two-thirds of households subject to the tax include a disabled family member. Statistics in the NAO report on universal credit, published recently, reveal that while 20% of initial payments for universal credit claims overall are not made in full and on time, two-thirds of claims involving a limited capability for work element are not. The report also said that overloaded DWP staff are finding it difficult to identify vulnerable claimants, such as those with a mental health condition, for instance, and that the case load for work coaches is set to increase fourfold, and that of managers by sixfold.

If the benefit system is failing disabled people, how are they being helped into employment? The Conservative pledge to halve the disability employment gap has been watered down to getting 1 million more disabled people into work. Perhaps the Minister can tell us how all this is going. Recent figures show that the disability employment gap remains stubbornly at about 30%.

The Work and Pensions Select Committee has pinpointed that funding for specialist employment support for disabled people will fall from about £1 billion under Work Choice and the Work Programme to about half of this over the lifetime of the Work and Health Programme. It seems that the majority of employment support for disabled people will be by general rather than specialist support in the future.

We believe in a social model of disability—a society which strives to remove the barriers that restrict opportunities and choices for disabled people. There is much to do if we are to make progress, given the austerity years. One of the most depressing pieces of information provided in our briefings came from Scope and its new research report, The Disability Perception Gap. It found that negative attitudes and prejudice remain a major problem for disabled people, the data having hardly shifted since 2009. If we could put the same effort into addressing this as we do and have done on Brexit, we might at least make progress in tackling prejudice and discrimination.