Disabled People

My Lords, I thank the noble Lord, Lord Low, for securing this debate. As always, his timing is impeccable. Today, I shall confine my remarks to independent living. I was thinking, ““Goodness, I’ve got to declare my interests””, but, to be honest, as my entire contribution reflects both a professional and personal interest, I should like all noble Lords to take it as read that I have a big declared interest in this area. Over the past 40 years, successive government policies have liberated disabled people by increasing the choice and control that we have over our lives. We call this independent living. It is not simply about being helped to get up, to go to bed and to get out of the front door; it is about getting the support needed to access all life’s opportunities, such as work, leisure and family life—in fact, all the things that non-disabled people take for granted. All Governments have stated their desire to maximise disabled people’s choice and control, and they have clearly recognised that by introducing policies and legislation to realise that goal. The Community Care (Direct Payments) Act, the Independent Living Fund and the Government’s strategy, Improving the Life Chances of Disabled People, are but a few notable achievements. Most importantly, Governments have provided the money necessary to put them into practice, and that, as we have seen over the past decade, has generated cost savings. Disabled people are now visible. We witness them working, raising families, supporting others through volunteering, and even securing debates and speaking in this Chamber. Alas, this progress is possibly now at risk. When this coalition Government came to power, they rightly needed to spend wisely and to cut wherever possible, but their treatment so far of essential independent living support for disabled people has become alarmingly unwise and potentially even dangerous. I can point to three policies that are having a cumulative effect of putting independent living at risk and of turning back the clock on this Government’s past brilliant reforms regarding independent living. The first is the refusal to ring-fence any of the additional £2 billion of social care money made available to local authorities directly to support independent living for disabled people. The Association of Directors of Adult Social Services estimates that local authorities have cut £1 billion from the social care budget before we even begin. A quarter of these cuts are going to be to front-line services for older and disabled people. The second is the decision to close the Independent Living Fund without local authorities being in a position to replace it, as was the position before. The fund is already closed to new applicants, denying disabled people entering adulthood the same opportunities that their older peers enjoy. Thirdly, the Government say that they intend to reduce the disability living allowance budget by 20 per cent, representing a cut of £2.17 billion for working-age adults. These policy decisions do not just turn back the clock on independent living; I think that they could take us back to the 1970s or even the 1960s, when basic needs, such as living safely in one’s home, eating and drinking, and using the toilet when you needed to, let alone when you wanted to, were not properly met. I should like to give noble Lords one very clear example. At this point, Baroness Wilkins continued the speech for Baroness Campbell of Surbiton. Elaine McDonald is a retired prima ballerina who became severely disabled. She received night-time assistance with visiting the toilet. However, her local council says that it can no longer afford to provide this assistance and says that she must now sleep on incontinence pads. She unsuccessfully appealed the decision and is taking her case to the Supreme Court. Why must she be forced to go through all this? Would any of your Lordships consider it reasonable to be required to lie in their own urine and faeces? The Human Rights Act includes the right not to be subjected to degrading treatment. Slopping out in our prisons was outlawed as a result. Does Elaine McDonald have fewer rights because she is a disabled woman? That example is not unique. Government policies mean that this country is failing in its obligations under the United Nations Convention on the Rights of Persons with Disabilities. Article 19 of that convention recognises the equal right of all disabled people to, "““live in the community, with choices equal to others””." It requires that states take ““effective and appropriate measures”” to ensure that disabled people fully access the right to, "““full inclusion and participation in the community””." Social care services make human rights possible. Cutting services means that a person with a communication impairment may be denied freedom of expression because they are refused the equipment and assistance that they need to communicate. Someone with a mobility impairment may be denied the equipment and assistance needed to leave the house. Elaine McDonald will be denied basic human dignity and be subjected to inhuman and degrading treatment. Independent living, which is what Article 19 is about, is what makes us human. It is about our rights to autonomy, to self-determination and to make the most basic, as well as the most important, choices about our lives. All political parties recognise the importance of that and supported the five-year independent living strategy. This committed the Government to taking action to ensure that, "““All disabled people will have the same choice, control and freedom as every other citizen””." At this point, Baroness Campbell of Surbiton resumed. Can the Minister please explain how current government policies are compatible with that aim? Of course, these government policies do not only harm disabled people; they also damage carers, 80 per cent of whom are women who are left to pick up the pieces. Denying support to disabled people equally means denying support to carers, as well as denying them their independence. To help us to understand the thinking behind the Government’s strategy for independent living for disabled people, we need to know what independent living impact assessments were conducted before the policy decisions were taken to close the Independent Living Fund and to cut 20 per cent from the DLA budget. Will the Minister please make these available to us in the Library? He will undoubtedly tell us that making personalised independent living support a reality has been adequately funded and that it is up to local authorities to spend wisely. That will not do. It suits the Government and local authorities to blame each other and disabled people are left in the middle. Who do we believe? Disabled people are caught up in this ping-pong match and have no avenue other than to go to court to challenge decisions. We know that that is an impossible route for 99 per cent of disabled people. Our support should be ring-fenced, not left to localism to get it right. These are our human rights. Will the Minister give his personal commitment to ring-fence money for independent living support at a local level? I know that this Government’s policy of localism is often seen to be at odds with ring-fencing but disabled people’s human rights depend on it. Otherwise, more of us will be forced into residential care against our will, or be found alone gasping for a drink or to go to the toilet. The UK Government will be ignoring their responsibilities under the Human Rights Act and Article 19 of the UN Convention on the Rights of Persons with Disabilities. The Minister will be aware that the Joint Committee on Human Rights, of which I am privileged to be a member, is now conducting an inquiry into the implementation of the right to independent living for disabled people. His response in this debate will help inform that inquiry and I look forward to hearing it.