People with Learning Disabilities (Abuse)

Debate between Paul Burstow and Tom Clarke

Monday 3rd September 2012 Commons Chamber

[The Minister of State, Department of Health (Paul Burstow)]

I congratulate the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke) on securing this important debate and thank him for setting out so powerfully the case for action, not just by the Government but by all those in the system. He acknowledged that the responsibility for safeguarding the vulnerable in our society sits with us all. We should all be vigilant and we must be willing to blow the whistle and to stand up and be counted.

The Government agree with the right hon. Gentleman that, like anyone else, people with learning disabilities have the right to lead their lives free from fear, harassment, harm and abuse. People with learning disabilities should be treated with dignity and respect.

This is the first parliamentary opportunity to refer to a sentiment shared across the House tonight. I should like to pay brief tribute to the work of Lord Morris of Manchester, Alf Morris. Opposition Members will know him from his service as a member of the Labour parliamentary party for many years. He was an undoubted, doughty challenger and campaigner for the rights of disabled people, regardless of their disability. He will be missed, having departed this world during the recess. He was the first Minister with responsibility for disabled people and the pioneer of disability legislation in this country, along with Lord Jack Ashley, who is also sadly missed. I suspect that they are both looking down on this debate and regretting the fact that we are still debating abuse of this sort. I want to put on record my tribute to both of them.

[Mr Tom Clarke]

I am very respectful of what the Minister has said about two great men, Lord Ashley and Alf Morris. The last discussion I had with Alf Morris was about this very issue.

--- Later in debate ---

[Mr Clarke]

The House and the Minister will not be surprised to hear that Lord Morris’s final words to me were about the battle of haemophilia and making sure that those who were treated with inappropriate blood should have their rights met. I thank the Minister for his comments.

[Paul Burstow]

I am sure that Lord Morris would have been following these matters very closely and with great interest, and I am grateful to the right hon. Gentleman for raising them.

The events at Winterbourne View that the right hon. Gentleman so clearly described were horrifying and depressing. They were horrifying because they so sharply defined everything that is rotten and can go wrong in closed institutions where people are out of sight. What took place at Winterbourne View was criminal. A culture of abuse was allowed to fester and grow undetected and unchecked. The serious case review by Margaret Flynn sets out in great detail the failings of Castlebeck Care Ltd, and it makes grim reading. The right hon. Gentleman reported many of its findings to the House. The events at Winterbourne View were depressing because, as the report by Mencap and the Challenging Behaviour Foundation, “Out of Sight”, reminds us, it is not the first time that closed institutions have let down people with learning disabilities. The right hon. Gentleman highlighted the personal stories that are contained in that important report, and those stories are very telling, with families feeling let down by the system and the sense that the best interests of the individual are not being served and that their views, wishes and feelings were not sought, and if they were sought were not understood.

In October this year, the court will hand down sentences to the 11 members of staff who have pleaded guilty to maltreatment of patients at Winterbourne View hospital. There are no excuses and no mitigating circumstances. What happened was degrading, dehumanising and despicable. I understand that the Crown Prosecution Service will ask the judge to take into account the fact that these are disability hate crimes when determining the sentence of the defendants.

Oral Answers to Questions

Debate between Paul Burstow and Tom Clarke

Tuesday 2nd November 2010 Commons Chamber

[Paul Burstow]

I am grateful to my hon. Friend for that question, which underscores the legacy that the Government have been left in terms of the paucity of these services as they are now and why we need to work closely with colleagues in the Ministry of Justice, as indeed we are doing, to ensure that we provide good quality mental health support for offenders, both in prison and when they leave it.

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

Can the Minister assure us that he will encourage his departmental colleagues to ensure that, despite the influence of the comprehensive spending review, the confidential inquiry and the learning disabilities public health observatory will go beyond March and until the work is concluded?

[Paul Burstow]

The right hon. Gentleman does a lot of work in the area of learning disability. Indeed, we had a good debate in Westminster Hall earlier this year on this matter, in which I indicated the Government’s support for those observatories. We believe they play a very important role in our understanding of the issues.

People with Learning Disabilities (NHS Treatment)

Debate between Paul Burstow and Tom Clarke

Wednesday 14th July 2010 Westminster Hall

[Mr Burstow]

The hon. Lady must have a copy of my speech in front of her, because the answer to that question is in the next paragraph. She is absolutely right. In executing the change that the White Paper sets out, which means removing the sense of central dictation and direction that we have seen in the NHS for the last 13 years, ending that sense of command and control and making the system one that is about delivering outcomes and one that is facing the patient and working alongside them to deliver those outcomes is an important transformation. Therefore we need to ensure that, in the transition planning that is now well under way for the change that will take place during the next two to three years, the institutional knowledge and learning in the existing system properly migrate to the new system, and that best practice is firmly embedded in the front-line services. Those services will remain as they are now, but they will receive more support and investment to do even better.

[Mr Tom Clarke]

I welcome both the Minister’s tone and his approach to the all-party group. When he considers a number of these issues, I wonder if he feels, as I do, that the importance of advocacy is underlined? Furthermore, does he believe that advocacy will become a central part of the Government’s approach to these matters?

[Mr Burstow]

I am very grateful to the right hon. Gentleman for his intervention and his question. He raises a point that I will move on to shortly, but I certainly see advocacy as being very important in this area. Looking forward, we will need to ensure that we reflect what we are learning from the work that is going on at the moment in the new commissioning landscape and in the new frameworks for accountability at a local level.

Both the right hon. Gentleman and the shadow Minister have referred to annual health checks, so let us look at that issue. It is quite encouraging that many more people with learning disabilities are now receiving an annual health check from their GP. Last year, just over one in five people with learning disabilities received an annual health check and the latest figures show that two in five people with learning disabilities have received their annual health check within the last 12 months. However, that is clearly not good enough, as it means that three in five people with learning disabilities still do not receive an annual check. As a Government, we are determined to push that process forward to ensure that the training and development that has taken place delivers in that regard.

I have heard many stories about how those health checks have identified, for example, cataracts or cases of diabetes. Furthermore, as has already been said in this debate, if we put ourselves in the position of a person having such a health condition but being unable to communicate the symptoms, we can begin to understand the difference that these health checks can make. I am therefore certainly keen to see annual health checks continue for people with learning disabilities, and we are looking at the most cost-effective way of ensuring that.

Reference was also made to the training of staff in relation to carrying out health checks. Undertaking training is certainly part of the requirement for all the GP practices that are delivering the annual health checks for people with learning disabilities. That training is about raising awareness of people with learning disabilities and their families, and particularly about ensuring that communication issues are understood, that advocacy is provided and that there is also liaison with staff in the acute sector. So there are a number of aspects about training and I will say more about that shortly.

The right hon. Gentleman referred to the training, as did the hon. Member for Kingswood. Reference was made to the recent Mencap poll, which makes disturbing reading as it shows the number of staff who have not had training to help people to make reasonable adjustments to different situations.

The shadow Minister talked about the need to look at people in the round, so that we do not only look at either their learning disability or their physical needs but at both elements. In that way, we will not allow diagnostic overshadowing to take place. That issue must be properly addressed in training. Therefore I wanted to ensure that right hon. and hon. Members were aware that the Council for Health Regulatory Excellence is working with professional bodies to support better training and to improve professional standards. That relates to a point that the hon. Member for Kingswood made about the need for professional ownership of that training, so that it is not just something that is imposed from the top but is seen by professionals as an essential way of learning to do their job better.

As a Government, we are working with the council to reach not only doctors and nurses but the full range of health care professionals. That is clearly important when it comes to meeting the often complex needs of people with learning disabilities. For example, speech and language therapists have a key role in tackling feeding issues of the type that the right hon. Member for Coatbridge, Chryston and Bellshill talked about. However, he referred to a case that I fear I cannot talk about any further, because it is before the courts. Occupational therapists are also important in helping people to develop the skills that they need to live independently, so I am pleased that all the regulatory bodies are reporting progress on that work and I will certainly keep in touch with them to ensure that that progress is maintained. I also want to ensure that that learning is embedded as we move towards delivering the vision that is set out in the Government’s health White Paper published on Monday.

Meanwhile, at a primary care level staff in all GP practices that are delivering annual health checks now have the appropriate training. The Royal College of General Practitioners is due to publish additional training materials for all GPs this summer, which are about getting health checks right for people with learning disabilities. I hope that that reassures right hon. and hon. Members that the Government are not about to shelve the issue of training but are determined to see training programmes develop.