Disability Hate Crime

Susan Elan Jones Excerpts

Wednesday 23rd November 2011 Westminster Hall

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

I congratulate the hon. Member for Stretford and Urmston (Kate Green) on securing this debate on a very important issue.

I, too, met the family of Gary Skelly on Monday, and we watched the 15-minute video they have put together as part of their FACE Facts campaign. Gary Skelly, a 53-year-old man who lived in Norris Green, Liverpool, was attacked just over a year ago—punched for no obvious reason, and killed. The perpetrator was sentenced to seven years for manslaughter, so, unfortunately, even the amendment that the hon. Lady and I have tabled to the Legal Aid, Sentencing and Punishment of Offenders Bill would not have given him the sentence I feel he deserved. What happened left the family not just bemused and confused, but greatly distressed. They simply could not understand what had happened to someone about whom they, and many in the community, cared greatly.

I consider myself relatively fortunate in Blackpool, in that I have an excellent third-party reporting centre and the Disability Hate Crime Network is very strong. The hon. Lady has already mentioned Stephen Brookes, one of my constituents, who helps up and down the land in ensuring that the fight to have this form of hate crime recognised is prosecuted as widely as possible. Yet I can still be shocked. About six months ago, a father and his son came to one of my constituency surgeries. The son, in his early twenties, had had a serious car crash a few years previously and now has a developmental learning disorder. He was trying to go to college, but faced abuse from neighbours and cat-calls as he walked there, and was now dropping out. I thought, “My word, even in Blackpool, where we are really trying, this is still occurring.” But what really shocked me most was that it was occurring not in my constituency, but in my own road, where I live, and had been going on for many months without my being aware of it, not 100 yards from my front door. Such incidents are hidden in plain sight, as the title of the Equality and Human Rights Commission report makes clear. It is probably happening in very close proximity to where we all live, and we might not be aware of it.

I want to focus today on an aspect of disability hate crime that does not yet get sufficient attention: the needs of many people with learning disabilities, who are subjected to what is increasingly being called mate crime. Why has it developed? Some 50 years ago, society’s answer for many people with learning disabilities was to shut them away out of sight—hide them away, so society did not have to confront them. Ensuring, rightly, that they live fulfilling lives in their local communities, participating in everything we all do, has put them at risk from a few ignorant individuals who do not understand what a learning disability is. That makes them vulnerable.

The hon. Lady mentioned the types of press coverage that we see. I welcome the fact that serious examples of disability hate crime are now being covered and referred to as such, but what we do not hear about every day is the so-called friend who relieves someone of a £10 note. That might not seem a particularly large crime, certainly not in financial value, but if a so-called friend of someone with a learning disability abuses their trust, that is a far greater crime, in human value, than if they were stealing £1 million. It is not just a financial crime; it is an attack on the person’s humanity and identity.

Something that the Skelly family stressed to me on Monday—indeed, we began the discussion by talking about it—was the labels that people put on others. Yes, society is very complex, and I am sure that we all find it difficult to deal with at times, but it is much more difficult for someone with a learning disability. We apply these labels to try to help ourselves to simplify the world around us and to help us to understand things that might be at the margins of our understanding, about which we know we ought to think in a particular way. We put the labels on them, then think we understand them. The labels are often the beginning of a prejudice—a way of assuming that someone acts in a certain way or that they are a particular way because of how they are. That is perhaps the most dangerous thing we do in our society. We cope with the people at the margins—people we do not quite understand—by just putting labels on them.

Two or three months ago, we heard about the sentencing of the murderers of Gemma Hayter, a lady in Rugby with a learning disability who had gone to visit her so-called friends and had been tied up, locked in a toilet, forced to drink her own urine, led to a railway line, wrapped in plastic bags and stabbed to death. Her attackers got the sentence they deserved, but sadly they could not face the 30-year tariff, which I believe such people should face, proposed in our amendment. That incident brought home to me the vulnerability of such people.

There are things that the Government can do, and I urge Ministers to consider them. It is vital that the Government take on board, as Mencap is requesting, the Law Commission proposals to extend the definition of harm to include exploitation, particularly financial exploitation. I hope that when we see a social care Bill, we can put the adult safeguarding boards on a statutory basis. Sadly, no organisational structure can stop evil occurring in a person’s head, but we can try to do something to ensure that when we identify people at risk, the different agencies involved are at least made aware of what is going on. If people are talking to people, and agencies are talking to agencies, we will at least have some hope that, just maybe, solutions can be found.

[Susan Elan Jones (Clwyd South) (Lab)]

I am most grateful to the hon. Gentleman for giving way, and to my hon. Friend the Member for Stretford and Urmston (Kate Green) for securing the debate. Is he aware of a recent case in, I think, Bristol? A gentleman with learning disabilities went into a barbers, and the barber thought it amusing to shave “fool” on his head—an unbelievable story. I cannot remember the details, but the punishment was lamentably low.

[Paul Maynard]

I thank the hon. Lady for that classic example of how unfeeling and insensitive individuals can be. I hope that the punishment is that the local community boycotts that barber, because he does not deserve to have any customers if that is how he treats them.

A more fundamental issue that concerns me is that the Government are not approaching properly the philosophical status of day care centres. That might seem like a slightly abstruse point to make, but in many social services departments these days, the day care centre seems to be an unfashionable creation. Some want people to be out in the community all the time, as though a day care setting somehow denied them the right to be in the community. That concerns me greatly. For many people with a learning disability, particularly those of an older generation, a day care setting offers the very support network that so many of them crave, and in pursuit of which they often put themselves at risk from so-called friends.

I urge the Minister to consult with her colleagues to ensure that day care centres are not written out of the picture. We have an excellent one in Blackpool called the Rock Centre, which is indeed a rock for many in the community. Although the activities that people there engage in might not strike us as terribly meaningful—