Thanks go to Liz Kendall who argued for independent living and choice to be included in the Care Bill when Independent living and Choice was debated in the Care Bill Committee on Thurs 9 January – Norman Lamb argued against. Liz Kendall used the wording suggested by Inclusion London and supported by DPAC re the definition for independent living, see below. Norman Lamb said the definition of independent living was unclear.
Please tweet your thanks to Liz Kendall MP in recognition of her efforts
Unfortunately the vote narrowly went against the amendments 10 to 12, so the amendments will not be recommended by the Committee, but the fight goes on as other MPs can recommend amendments when the Bill returns to the House of Commons…. It also now goes back to the Lords so you may wish to contact some lords about this as well.
Please write to your MPs to urge them to propose the independent living amendment and others that are vital for disabled people. See the template letter prepared by Inclusion London attached.
Here’s a piece from Liz Kendall’s speech: The debate available at:http://www.publications.parliament.uk/pa/cm201314/cmpublic/care/140109/pm/140109s01.htm
Liz Kendall: The Bill is an important opportunity to ensure that our legislation fully addresses the needs, aspirations and rights of disabled people. Disability organisations have rightly welcomed the new duties that the Bill will put on local authorities to promote well-being and prevention. However, many organisations, such as Inclusion London, Scope and Mencap, have argued that a duty to promote independent living is also essential. That is not a minor or technical point, but a point of principle. Independent living is crucial to ensuring that disabled people have the same rights, choices and chances as any other citizen in this country. Independent living is essential to getting a good education, finding a job, building a career and taking part in community and public life. It is about ensuring that people can live in their own home with whoever they choose to live with and have the opportunity to have a family life. It is about ensuring that they are able to get out and about, meet up with friends and participate in the cultural life of the community and the country. In other words, independent living for me, and more importantly for disabled people and the organisations that work with and represent them, is about being able to participate in, contribute to and be included in society, as the rest of us usually take for granted.
Disability organisations say that disabled people’s rights to independent living are being undermined by the Government’s policies in social care and the welfare system. The Government’s decision to reduce local council budgets by a third, the biggest reduction in any part of government, is having a real effect on services that are essential to helping with the basics of daily life, such as getting up, washed, dressed and fed. We do that every day, which is essential to getting on with the rest of our lives, but for disabled people—
Grahame M. Morris (Easington) (Lab ….. I recall that, in our discussions with Swedish parliamentarians, who have a sort of Standing Committee on Health, we were told that if any responsibilities were placed on local government, it is a legal requirement for the necessary resources to be made available for the councils to carry out those services and delegate the functions.
Liz Kendall: My hon. Friend makes an important point about the needs of adults with disabilities and about the importance of having a right to the basics of daily life, which are essential. The recent joint inquiry by the all-party groups on local government and on disability showed the real problems with the services in the current system: four in 10 disabled adults are now failing to have their basic social care needs met; and nearly half of all disabled adults say that services are not supporting them to get out and about in their local community. The same erosion of independence and opportunities is happening in the social security system through the closure of the independent living fund; problems with the Work programme; how the personal independent payment is being implemented; and the bad bedroom tax.
Template letter to MPs
Dear Add the name of your MP,
I am writing to you regarding the Care Bill which is in currently being discussed by MPs.
The Care Bill has been described as a once in a life time opportunity to tackle the social care crisis which is impacting on my life. I am asking for your support to propose the amendments to the Care Bill below, to ensure that I am given the support I need for my independent living.
Independent living for disabled people
As a disabled person I have the right to the same opportunities, choices and rights as other citizens. I want to get a job, build a career and have an education and to take part in community and public life. I wish to decide when I go bed, what I eat and to live in my home with people I choose to live with, I also want to be able to leave my home to go out and about – go shopping, go to see a band. I would like the opportunity to be a parent and friend, have a family and social life. All these elements are included in independent living for disabled people. Independent living is being able to contribute, participate and be included.
Social care is in crisis resulting in more and more disabled people going without the essential support they need. This situation is likely to continue because the Care Bill does not tackle the fundamental issue of funding for social care. I have not got large savings and do not own my house, so I will not benefit from the Government’s funding reforms. I would like care and support to be funded so it supports me to lead an independent life of participation, inclusion, dignity and equality. To achieve this I believe it should be funded out of National Insurance contributions/general taxation and free at the point of need like the NHS, this would ensure I get the care I need for independent living in the future.
Amendments to Care Bill
I would be grateful if you could put forward the amendments below to the Scrutiny Committee or to the House of Commons when the Bill reaches Report stage, to try and ensure that independent living for disabled people becomes a reality. All the amendments are highlighted in bold:
1. Amendment to: Clause 1 ‘Promoting individual well-being’
Can you please propose the following amendments to the definition of ‘well-being’ and to the General responsibilities of local authorities:
1 Promoting individual well-being and independent living
(1) The general duty of a local authority, in exercising a function under this Part in the case of an individual, is to promote that individual’s well-being, independence and inclusion as equal and valued citizens and members of the community.
(a) That duties under independent living promote the wider definition of independent living as expressed in the UN Convention of the Rights of Persons with Disabilities.
It is very important that disabled people are provided with independent advocacy right through the process of obtaining and maintaining care and support.
It is important because independent advocacy enables disabled people to participate in the assessment and review process but also enable disabled people to give direct feedback about the quality of services, which will help prevent on-going abuse of disabled people in the future. Therefore we ask you to put forward the following amendments to three clauses, (see wording in bold)
Clause 5.Promoting diversity and quality in provision of service:
A local authority must have regard to —
(c) the need to offer and provide an independent advocate to enable service user feedback to improve the quality of services
Clause 9. Assessment of adults need for care and support:
A local authority, in carrying out a needs assessment, has
(d) A duty to offer and provide an independent advocate to the adult to enable full participation in all needs assessments and reviews
Clause 42. Enquiry by local authority:
(2)The local authority must-
(a) Offer and provide an independent advocate to an adult who is experiencing, or at risk of, abuse or neglect to enable them to give evidence and participate fully in the enquiry.
3. Amendment to Clause 9 ‘Assessment of an adult’s needs for care and support’
The assessment is the key gateway to care and support so it is important that disabled people, who are expert in their own needs, should be at the core of the assessment process. Can you please propose the following that:
- All care assessments reflect the rights to independent living and choice encompassed in the UNCRDP. Also that all care and support assessments should be a person centred process.
4. Amendment to Clause 13 ‘The eligibility criteria’
The government has announced that the national eligibility threshold is to be set at ‘Substantial’. This means support will only be provided at a very late stage when disabled people’s health, wellbeing and independence has deteriorated badly. Can you please propose an amendment so that:
- The eligibility threshold for care is set at ‘moderate’ to ensure that disabled people are able to receive the support needed to maintain and sustain health, wellbeing and independence
5. Independent Living Fund (no existing clause)
The impact on the independent living of disabled people with high support needs if the Independent Living Fund (ILF) closes in 2015 will be devastating. I would be grateful if you can propose a new clause to ensure there is:
- A duty on local authorities to provide equivalent support as provided by the ILF that ensures independent living in the community on an on-going basis.
- Set up an Independent living task force, co-produced with ILF users, to review independent living and specifically the Independent Living Fund in order to identify how best to improve, develop and extend independent living support building on the successful model of ILF provision.
5. Amendment to ‘Continuity of care and support when an adult moves’ – Clause 37 ‘Notification, assessment etc’
I believe I should have the same freedom to move home as non-disabled people i.e. without the fear that my care package will be removed or reduced. I urge you to propose and amendment so there is a duty to:
- Ensure the new care package provided by the receiving authority must be equivalent to the existing care package, provided by the first authority.
Together these amendments will help make the Care Bill better for disabled people and help make independent living a reality for me and other disabled people.
Can you please let me know what action you will take and what amendments you will be proposing and supporting.