Chronically Sick and Disabled Persons Act 1970: 40th Anniversary

Lord Rix Excerpts

Thursday 17th June 2010 Lords Chamber

[Lord Rix]

My Lords, I speak in this debate to celebrate the Private Member’s Bill of the noble Lord, Lord Morris of Manchester, which, with the support of both Houses, became an Act of Parliament some 40 years ago.

As I said during the debate 10 years ago to mark the 30th anniversary of the Bill of the noble Lord, Lord Morris, the years 1970 and 1971 were particularly good for advancing the interests of people with a learning disability and their families and carers. Not only did we have the Chronically Sick and Disabled Persons Act, but we had a White Paper on learning disability, better services, attendance allowance and invalidity benefit, and the Education (Handicapped Children) Act, which ensured the provision of education for children with severe learning disability, who had hitherto been excluded from the education system.

The Chronically Sick and Disabled Persons Act focused on three principles: the identification of disabled people, their involvement and their rights. The Act enshrined in law these very important principles and laid the foundations upon which subsequent legislation in the field of disability has been made.

I am delighted that since the Act’s inception some 40 years ago, significant progress has been made to improve the quality of life for people with a learning disability. I welcome the important steps made in these areas. However, the often stark and shocking reality is that too many people with a learning disability, their families and carers continue to suffer the consequences of prejudice and discrimination as a direct result of their disability.

People with a learning disability want to make the same choices about where they live, how they spend their leisure time and what relationships they want to form, in the same way as everyone else, but all too often are denied the opportunities to do so. Ensuring that the right resources are in place is vital, but on its own this is not enough. People with a learning disability do not want choices and assumptions made for them, but are entitled to expect that they are at the centre when any decisions are made about their future and their quality of life. The Chronically Sick and Disabled Persons Act helped to establish this very important principle.

One area where people with a learning disability continue to suffer from such prejudice and discrimination is employment. At a meeting last week of the All-Party Parliamentary Group on Learning Disability, of which I am co-chair, we discussed this very issue and the ways in which it can be tackled. People with a learning disability are the disabled group most excluded from the workplace. Of those known to social services, there are just 6.8 per cent in paid employment. Even where people with a learning disability do work, it is often for low pay and for part-time hours. Too often, the work carried out by people with a learning disability is described as work experience and does not lead to real pay or a real job. This is despite the fact that many people with a learning disability want to work and can make a significant contribution to the workplace.

Among those who spoke at the recent APPG meeting was Ismail Kaji, who has a learning disability and is a campaigns and media spokesperson for Mencap, the royal society of which I am proud to be the president. He works full time in Mencap’s campaigns and policy department, and indeed I was on the phone with him only this morning. Ismail gave an excellent presentation to all those who were present and spoke with real passion about his personal experiences in relation to achieving paid employment. Without a job, Ismail felt that he was always being told what to do, that he relied on benefits and on other people, and that he did not have control over his life. His search for a job was very hard. He did not receive the help and support that he needed at the jobcentre with things such as CVs and application forms. He found interview questions difficult to understand and found it hard to express himself.

Ismail decided to go to a local college to complete a basic skills course. A Mencap staff member in our employment service came to the college and worked with him to find the right job to fit his needs and skills, as well as helping him with applications and interviews. The outcome was positive. Ismail has now worked for Mencap for 14 years and in the campaigns and policy team for four of those years. His life has changed for the better. His only benefits are tax credits and disability living allowance. Ismail feels that he has control over his life and can take care of his wife and children. He feels an active member of society—something that most people take for granted.

During the APPG meeting, we also received a presentation from Kathy Melling, who is the national employment lead for Valuing People Now, working in the cross-government Valuing Employment Now team. She is also the employability development manager for Kent adult social services. She spoke about the fact that, while 47 per cent of disabled people overall are in paid work in this country, the figure is only 6.8 per cent for people with moderate and severe learning disabilities, rising to about 28 per cent for people with mild learning disabilities.

Kathy also talked about the importance of supported employment, or the place-and-train model, which is widely regarded as the best way to help people with learning disabilities to get and keep jobs. The evidence is that investing in supported employment can lead to cost savings. Work in north Lanarkshire and Kent indicates the potential for savings, in both service costs and welfare benefits, when people move into employment of 16 hours or more per week. The challenge for national and local government is how to bring together the money already in the system—in areas such as day services and education—to ensure that it is spent on things that actually help people with a learning disability to get a job.

The final speaker at the APPG was Jacqui Henderson, who is currently Director of Creative Leadership and Skills Strategies and co-chaired the National Skills Forum inquiry with Gordon Marsden MP. Jacqui talked about the NSF report and emphasised that employability does not depend on qualifications alone. The importance of so-called “soft skills”, such as interpersonal, communication and teamwork skills, which are often valued highly by employers, must not be overlooked and can be of even greater importance when considering people with a learning disability. Work experience and supported employment courses are crucial in helping disabled learners to develop these soft skills. There is a need for more opportunities for learning to take place in the work environment for disabled learners, particularly through the use of supported employment agencies, which, the research found, are currently underfunded.

As your Lordships will be aware from my brief synopsis of the all-party parliamentary group meeting, we covered a great deal and made a positive case on the effective contribution that people with a learning disability can make to the workplace. That is why opportunities for apprenticeships are vital for people with a learning disability.

I welcomed improvements made to the previous Government's Apprenticeships, Skills, Children and Learning Bill, particularly amendments tabled in my name and those of my noble friend Lord Low designed to make it easier for disabled students to take an apprenticeship. The previous Government agreed that they would make entry requirements for would-be apprentices more flexible, with the previous Minister for Business, Innovation and Skills, the noble Lord, Lord Young, accepting my proposal to allow students with learning disabilities to submit a portfolio of evidence to show that they are ready for an apprenticeship. I understand that discussions have already begun with key stakeholders, such as representatives from Mencap and others, and government officials, to work out the practical details of implementing my proposal. Needless to say, I hope these discussions are fruitful for all concerned.

Another amendment to the Bill, accepted by the previous Government, extended the entitlement to an apprenticeship for suitably qualified students with a learning disability up to the age of 25, rather than the previous limit of 18. It is practical steps such as those outlined in the Apprenticeships, Skills, Children and Learning Act that will help to improve opportunities for employment for people with a learning disability.

In conclusion, I have no doubt that much of the progress made in improving the lives of those with a disability over the past 40 years has its origins in the inclusive and empowering agenda first set out in the Chronically Sick and Disabled Persons Act. That Act set the benchmark by which future progress would be judged and I congratulate the noble Lord, Lord Morris, and pay tribute to his success in making sure it was placed on the statute book in the first place and, in 1974, for becoming the first ever Minister for Disabled People. He deserves the grateful thanks of each and every one of us.