Welfare Reform Bill

My Lords, the purpose of my intervention is to speak to Amendment 18 in the names of the noble Baroness, Lady Thomas, and the noble Lord, Lord Kirkwood. Mencap, of which I am the president, has always been clear on this point. We have no problem in principle with the idea of a "rights and responsibilities" agenda, as long as we can be sure that the rights of people with a learning disability are clearly defined. By that, I mean that the Government’s approach must ensure that there is absolute commitment to match increased obligations on claimants with support that is adequate and appropriate. We made that point during the passage of the Welfare Reform Act 2007, but it is perhaps even more important now given the increased requirements and conditionality on claimants being proposed in this Bill. Those involved in the processes surrounding the administration of out-of-work benefits and work support, particularly in relation to sanctions and increased conditionality, must be aware of and understand the needs of people with a learning disability. Action plans, work-focused interviews and work-related activity must give due regard to the specific support needs of people with a learning disability. While we absolutely endorse the focus of the new employment and support allowance on what people are capable of doing as opposed to what they are capable of not doing, it is clearly the case that work advisers need to understand the specific support needs of people with a learning disability. Indeed, as a starting point, they must first understand what a learning disability is. All too often, a learning disability is confused or conflated, particularly in terms of the gathering of statistics, with mental health conditions or certain learning difficulties including, for example, dyslexia. This is unhelpful, both in gathering accurate information about where people with a learning disability are in the system, and in recognising the very different support needs of someone with a learning disability compared to those of someone with a learning difficulty—say, someone with dyslexia or a mental health condition. It is a concern, therefore, that the guidance which is provided for Jobcentre Plus personal advisers does not separate out learning disabilities as a distinct group, but incorporates this group within the "low ability" section, where there is reference to specific learning disabilities, such as dyslexia. I worry that this may confuse things even further. I have always understood dyslexia to be a learning difficulty, not a learning disability. I wonder whether the Government have considered, in relation to learning disabilities, what is already being done for people with mental health conditions. I remember, back in May, the Government announcing the introduction of a new network of mental health co-ordinators at all jobcentres. I wonder whether a similar model is being considered in respect of people with a learning disability. It would seem to be a very positive move, which would ensure expertise in learning disabilities throughout all jobcentre districts. This would certainly be in line with the commitments outlined in the Government’s employment strategy for people with a learning disability, Valuing Employment Now, which states that the Government will ensure that personal advisers in both Jobcentre Plus and its partners are obliged to work with customers with learning disabilities and that Department for Work and Pensions programmes and staff training meet the needs of all disabled people, including those with moderate and severe learning disabilities. My remaining concern on this point is that a lack of such understanding could potentially result in work advisers prescribing an activity that is unsuitable for someone with a learning disability, or which someone with a learning disability does not understand how to fulfil, and so on. I wonder whether this is likely to be even more of an issue with the contracting out of employment provision, as per the prime provider model. Once again, any reassurances that the Minister may be able to provide on this matter would be most welcome.