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Joint Committee On Human Rights Seventh Report


4  LIVING WITH A LEARNING DISABILITY

I think of life as a person with learning difficulties as being taken to watch a football match, where life is that football match, and never being allowed to join in. People with learning difficulties have the same dreams, inspirations and aspirations as everyone else but we are held back from engaging in life. If you think of your most cherished moments in life, of the things that you still look back on and smile, I expect it is something that people with learning difficulties would get held back from doing.

Andrew Lee, Director, People First (Self-Advocacy)[97]


I moved to [a new home]… where people were bad the staff said they could not stay up. I was there 8 years. I used to run away - it was hell there it was like a prison.

A person with learning disabilities[98]

78. We heard examples of both good and bad experiences and received evidence on most aspects of life with a learning disability, including:

  • access to public and other services (e.g. access to healthcare, education, transport, benefits, social care and support); [99]
  • access to housing and choosing where to live;[100]
  • access to paid employment;[101]
  • relationships with friends and family and sexual or other personal relationships;[102]
  • participation in decision-making, speaking up and making complaints;[103]
  • playing a part in the local community.[104]

Access to public and other services

When group members can't do something they want to or that is important to them, it is usually not because people don't respect their rights but is usually down to lack of staff or other support or having no transport.

Summary from a submission from a small self advocacy group[105]

79. We received a good deal of evidence from people with learning disabilities about their experiences of accessing, or trying to access, a whole range of services. On further and continuing education opportunities we heard concerns about restricted provision for some groups, and the lack of progression available.[106] As People First Scotland said: "Most people are sick of 'life-skills' type courses and want to study something that gives them a better chance of getting a job." [107] People also told us about problems they had with transport to college and classes, for example:

    we are entitled to free bus passes, but we can't use them until after 9.30 am and a lot of our college courses start at 9.00am which is a problem. Also, if we have electric wheelchairs we are unable to use the public buses even the new low liner ones.[108]

80. We received so much evidence about people's, often negative, experiences of trying to access healthcare, which we consider in Chapter 5. In addition, a number of witnesses drew our attention to the particular difficulties confronting people with learning disabilities in trying to access dentistry services,[109] and in receiving appropriate optical care.[110]

81. A number of witnesses told us about problems in connection with welfare benefits, including problems if they were contemplating starting a job, and, more generally, the lack of easy to understand information and advice available.[111] For example:

    The benefits system is hard to understand. There is a lot of jargon and the forms are hard to fill in.[112]

Access and choice in housing

I feel so angry, I've got no choice. I want to move, I feel like I'm ready to move. If I said anything to the staff here, they'd say, "no chance", they'd say, "no way'".

I said to Mum and Dad I want to leave home. But they said no. They said I can't cook and I can't clean so I can't be on my own. [113]

82. We received evidence about a range of problems here, including lack of choice and control over where people lived and who they lived with,[114] problems over housing benefit, especially where people needed 24 hour support,[115] little security of tenure,[116] and being prevented by staff or family members from moving on to a new place.[117] Some people felt they were inappropriately constrained where they lived: "how many non-disabled people would be punished (not allowed out) if they left a mortgaged or rented home untidy?";[118]others felt more positive about their housing and support experiences:

    KeyRing is a housing trust that has worked well for some of us. It is good because they don't interfere if you don't want them to, you can have as much or as little help as you want. This lets you build up your independence and you still know that support is there when you need it.[119]

83. We met members of a KeyRing housing network during the course of our inquiry. They told us how important living on their own in the community was to them, they each needed different levels of support to achieve this. KeyRing staff recognised that theirs was not the only good example of housing support, but they were concerned that local authorities sometimes were too cautious in their approach to enabling adults with learning disabilities to live in the community and that limited resources and suitable housing stock were often cited as barriers to allocating suitable support for people with learning disabilities.[120]

Access to paid employment

We don't feel we have the same chances of getting a job as other people. [121]

You leave special schools without any qualifications and without the skills you need to work[122]

84. We received evidence on the difficulties faced by young people when they left school and wanted to get a job: "they do not receive the same opportunities as their non-disabled peers."[123] We heard about the benefit problems people faced if they were fortunate enough to get the chance of a paid job. These problems meant people might have to choose not to work at all, or only very reduced hours.[124] We were told that it appeared to be even harder to get a job if you had a learning disability in Northern Ireland.[125]

85. Our visit to Lewisham College School of Supported Learning confirmed these concerns. Both staff and learners told us how difficult it was to access paid employment for people with learning disabilities. These difficulties meant that it was nearly impossible to find work for people with moderate to severe learning disabilities.[126]

Relationships with friends and family, sexual or other personal relationships

Our carer says we can't kiss (me and my girlfriend). She says 'we've got to draw the line somewhere'.[127]

86. People told us about their desire for friends and relationships; the difficulties they had in getting out to meet other people (because of lack of support); and the negative attitudes, strictures, lack of opportunities and privacy they confronted, if they wanted to develop close personal relationships or get married. Although we accept the evidence of the Minister for Care Services that the State does not have "a duty to provide people who are lonely with a friend", we are concerned that in some circumstances, the experiences of people with learning disabilities engage their right to respect for private and family life (Article 8 ECHR) and participation in the life of the community, as guaranteed by the UN Disability Rights Convention. [128] For example, witnesses told us:

    We are stuck in at home with not many friends. I would like to go to the pub or to bingo.[129]

and:

    People treat you funny. Some won't let you have a relationship. People against us getting married.[130]

87. We welcome the Government's recognition in Valuing People that:

    Good services will help people with learning disabilities develop opportunities to form relationships, including ones of a physical and sexual nature.[131]

88. We recommend that the Department of Health revisit this issue in their redrafted Valuing People Now, in light of the evidence we have received.

Participation in decision-making, speaking up and making complaints

[We are].. often treated like children. [132]

89. We asked people how easy it was for them to be involved in making decisions about their lives. Some of our witnesses felt that they did have a say in decisions made: these were largely people who were involved in self-advocacy groups, whose experience had given them more confidence to speak up for themselves.[133] Others thought it was hard to have a say, because not enough responsibility was given to them. Other witnesses told us that far from being enabled to make complaints about their treatment, people with learning disabilities could be excluded from day to day decisions and choices about how they lived their lives:

    Most people with learning disabilities are still being told where to live. Most people with learning disabilities are told what to do during the day.[134]

90. Even those who felt they had a say in decision making themselves felt that "people who have more complex needs often do not because people don't know how to communicate with them".[135] Even if people did have a say it did not necessarily mean that the outcome would be what they wanted:

    If we receive services sometimes decisions are made because of money not because of what we need.[136]

91. Most people said it was hard to make a complaint, because the system was difficult to understand or because they did not have the confidence to do so. A number of witnesses talked of being too nervous to complain or worried about what would happen to them if they did so: "If we complain we will get into trouble."[137] Some people felt there was no point complaining because they would not be listened to. "You can tell someone in authority or a parent, but you are not often taken seriously or believed."[138]

Participation in the local community

92. A number of witnesses told us that they thought that the lack of support they received was inadequate to allow them to play any part in their local community.[139] We return to this topic in Chapter 8.

Families and carers

We are unable to go far as there are no disabled toilets in which to attend to his needs. So as a family we are all restricted in the participation in the local community. He is unable to meet with friends or socialise and without us taking him for a local walk or a short drive in his van we would be completely isolated.

Mother of an adult with learning disabilities on her family's experiences[140]

93. It is estimated that there are around 6 million family carers in the UK.[141] Mencap's report No Ordinary Life found that 60% of parents of children and adults with profound and multiple learning disabilities spent more than ten hours a day on basic physical care. 78% of families received either no support at all or less than 2 hours per week.[142] Valuing People stressed the important role that family carers play in supporting people with learning disabilities and enabling them to live more fulfilling lives. Valuing People Now records the new commitments by Government to improving the circumstances of family carers but notes that 'life for many family carers remains difficult and further action is needed'.[143]

94. We received evidence from a number of witnesses from carers organisations about their experiences of the denial of human rights to their relatives or themselves.[144] Eve Rank and Richard West, two people with learning disabilities who are themselves carers of other people, said:

    Many carers with a learning disability can undertake a significant caring role, but many need the right help or support to do so. Without that support people can flounder from lack of information about what to do and where to go for help.[145]

95. They pointed out that being a carer can have a major impact on the life of the carer and their own ability to lead an ordinary life: 'As carers responsibilities increase, many people do not manage to get much of a life outside of the home, and certainly are unable to partake in ordinary community life.' Unable to work (or only able to work reduced hours) because of their caring responsibilities, family carers are often in a poor position financially.[146] But witnesses told us, that 'carers grants and benefits such as council tax relief go unclaimed' because many people who look after a relative with a learning disability do not think of themselves as a 'carer'.[147]

96. The evidence we received from family carers highlighted the concerns felt by them about many of the issues we identify in this report. There was widespread concern about tightening eligibility criteria and the 'postcode lottery' in the provision of support and services; about the introduction of charging for services provided through adult social care, which could mean that families could sometimes no longer afford to continue their use of them; about services focussing on crisis intervention rather than improving people's everyday lives; and about problems with obtaining a Disabled Facilities Grant in order to get adaptations so that an adult with complex needs could have access to a toilet and shower.[148] We heard of family carers who felt that they were invisible to services until there was a crisis at home and of parents being forced to provide all the personal care needed by their relative when they were hospital inpatients, because of the hospital's reluctance to pay for the additional support required.[149] Witnesses told us of the frustrations they experienced in trying to get adequate help for their relative and the difficulties they faced in trying to keep in touch with them if they were moved away from their home community into out of area placements.[150] They pointed out that: 'many families ... act as powerful, long-term advocates for their sons/daughters, but receive little help themselves.'[151] They highlighted the fact that if family carers are not adequately supported it will impact on the lives of their disabled sons and daughters and, that if their relative got ill and they got too old to care for them, it would cost public services a lot of money.[152]

97. Although comments are sometimes made about families holding back their relatives with learning disabilities or being 'over-protective', the evidence we received suggested that 'for most people, most of the time, their families are their greatest and most reliable allies.'[153] As the Foundation for People with Learning Disabilities pointed out:

    Too often services focus on the disabled person in isolation and fail to take account of the family situation as a whole. Supporting the family can sometimes be the best way of supporting the disabled person to get a better life.[154]

98. Many witnesses expressed concern about continuing poor treatment, isolation and social exclusion and that the experiences of people with learning disabilities in the United Kingdom illustrated a lack of respect for the human rights of adults with learning disabilities.[155] We are concerned that the experiences communicated to us by adults with learning disabilities, their families and supporters appear to reflect the findings of the last National Survey, that adults with learning disabilities are more likely than other people to suffer from social exclusion, poverty and isolation.

99. Not every aspect of the lives of adults with learning disabilities fell within the scope of this inquiry. Indeed, some of the evidence we received did not relate to human rights concerns. However, witnesses consistently told us that there were a number of common themes in the treatment of adults with learning disabilities which cut across a range of issues and which were undermining respect for their dignity and human rights:

  • the gap between the Government's policy on the treatment of adults with learning disabilities and the life experiences of many of our witnesses;
  • the difficulties experienced by people with learning disabilities in trying to access services and support; and
  • the continuing impact of negative attitudes, assumptions and stereotypes around people with a learning disability.

100. We consider how these themes undermine the ability of adults with learning disabilities to secure respect for their human rights; and whether a human rights based approach could lead to change for the better.

The gap between policy and practice

The white paper Valuing People was full of excellent recommendations, many of which have either been paid lip service, or have been ignored completely. There is a feeling amongst professionals that it was a lot of rhetoric without legislative reach to ensure that its recommendations would be put into practice. There is still a huge gap between what was recommended and what actually happens.

An NHS Clinical Psychologist in Learning Disability Services[156]

101. Many witnesses expressed their support for Valuing People, and for the existing legal framework, including the Human Rights Act and the Disability Equality Duty, but regretted that it has not made much difference on the ground. For example:

and

    Valuing People was a document that amongst other things states "nothing about us without us". Unfortunately despite the guidance given in this white paper, in my view, implementation has been patchy and there seems to be a lack of commitment within services to change the way they work.[158]

102. In its evidence, the Department of Health accepted the conclusion of The Story So Far that "mainstream policy and delivery areas such as employment, housing and education have still not effectively taken on the Valuing People agenda".[159] The National Co-Director for Learning Disabilities told us that the primary reason there was a gulf between the Government's policy and what was happening to people with learning disabilities was the lack of "levers" for the implementation of the policy:

    The policy has widespread support in the country, but I think it is true to say that if you look at things like the performance framework and other ways that government uses to get people to comply with policy, they are limited. Therefore, we have had to rely significantly on persuading people that they want to make those changes. Obviously things like the Disability Discrimination Act, and in particular, the Disability Equality Duty, add additional new important levers, but I would say that is the major reason.[160]

103. The Minister for Care Services accepted that, although significant progress had been made, work was still necessary to implement the policy effectively.[161] He confirmed that, until now, he had experienced problems promoting the rights of people with learning disabilities, even within his own Department:

    Within my own Department, if I am very frank, there has been a struggle to get the NHS to take the needs of people with learning disabilities anywhere near as seriously as they should have done. If you look at the work of the National Director, Rob Grieg, who you have met, he has in some ways been a lone ranger within the Department…Beyond that, in terms of access for people with learning disabilities to mainstream NHS services, there has not been anywhere near the attention that should have been given to the specific needs and experiences of people with learning disabilities.[162]

104. We are concerned by the evidence that the framework for improving the lives of adults with learning disabilities does not appear to have had much impact in Government departments other than the Department of Health or the wider public sector; and that the impact of Valuing People on the experiences of adults with learning disabilities in their dealings with local authorities and individual service providers has been so patchy.

105. We were dismayed to hear the Minister for Care Services describe the National Director for Learning Disabilities as a "lone-ranger" on mainstreaming learning disabilities, rights and policy even within the Department of Health. We are extremely concerned that the Department, which has responsibility for cross-Government policy on learning disability, has failed to take seriously access to mainstream services for adults with learning disabilities, despite the existence of its statutory duties under the Disability Discrimination Act (as amended), the Disability Equality Duty and the Human Rights Act.

106. The Minister for Care Services told us that the Government was taking a number of steps to close the gap between rhetoric and reality. He told us that, for the next Comprehensive Spending Review period, the Government had not only agreed the money, but also agreed the performance assessment framework.[163] He said that current funding arrangements had to change, with funding moving away from the NHS to local authorities. He told us that Valuing People Now would remind people that:

    Some of this is grounded very clearly in law. It is not just about doing the right thing, it is not just about best practice, it is about fulfilling statutory obligations.[164]

107. The Minister told us that Valuing People Now would involve Government using the levers that were available at a national level to secure better services locally.

108. We welcome the Government's recognition that further work needs to be done to implement policy effectively, so as to support the rights of adults with learning disabilities as individuals. We also welcome the Minister's frank acknowledgement that more pressure needs to be placed on both central and local Government to deliver the policy of Valuing People.

109. In The Story So Far, the National Co-Director explained that some local authorities were happy to treat the policy in Valuing People as "optional."[165] We are concerned that the National Co-Director for Learning Disabilities and the Government have been searching for "levers" to implement a policy designed to ensure that adults with learning disabilities can live their lives in a way which promotes dignity and respect for their rights. We are particularly concerned that the National Co-Director did not appear to consider that public authorities' duties under the Human Rights Act would hold much sway. We reiterate our concern that the Department of Health and other Government departments should be proactive in promoting a positive approach to the Human Rights Act and to the Disability Equality Duty. We see the value of using these obligations to support or explain a particular policy choice as a 'lever' for implementation. However, this should not undermine the binding nature of these duties.

Inability to access services and support

When group members can't do something they want to or that is important to them, it is usually not because people don't respect their rights but is usually down to lack of staff or other support.

A small Bedfordshire self-advocacy group[166]

110. Many witnesses told us that they believed that the inability of people with learning disabilities to access appropriate services and support was indicative of a fundamental lack of respect for their human rights. In particular, witnesses told us about:

Is it all about the money?

The White Paper Valuing People talks about the importance of community presence and participation, but £1.75 per week to spend is not enough to enable anyone to do that.

Parent and carer of an adult with a learning disability.[171]


If the Government is serious about stopping human rights abuses against people with learning difficulties, then it will simply cost money. If society decides that ultimately it does not care enough about people with learning difficulties to spend money on us, then society exists as a society where people are left out, marginalised and abused in our midst.

Andrew Lee, Director of People First (Self-Advocacy)[172]

111. A significant number of witnesses told us that funding for services and support was the key reason that Valuing People was not being implemented effectively. Dame Jo Williams, Mencap, told us that more information was required on the need for services and funding, which they hoped to feed into the Comprehensive Spending Review:

112. The evidence we have received on this issue focused principally on access to social and community care services provided by local authorities. Witnesses raised two issues of concern:

  • tightening local authority eligibility criteria undermining Valuing People and putting the rights of people with learning disabilities and their carers at risk; and
  • inadequate provision for people who could benefit disproportionately from a low level of support, because of the prioritisation of people with more complex support needs.

113. We asked the National Co-Director for Learning Disabilities how the tightening of local authority eligibility criteria would impact on people with learning disabilities and the implementation of Valuing People. He told us:

    Certainly, if authorities go down that route, there will be significant numbers of people who have traditionally been in receipt of support, to help them get lives as outlined in Valuing People, who will not be getting those services in the future.[174]

114. When making assessments of need and decisions about service provision, councils must act in accordance with Fair Access to Care Guidance, issued by the Secretary of State. In setting eligibility criteria, councils must take account of their resources, local expectations and costs and agreements with the NHS. They should also consult users and others. Councils are advised in Fair Access to Care that they "should have regard to" their legal obligations under the Sex Discrimination Act 1975, the Disability Discrimination Act, 1995, the Human Rights Act 1998, and the Race Relations (Amendment) Act 2000.

115. Recent figures released by the Commission for Social Care Inspection show that the proportion of councils planning only to support people with substantial or critical needs was likely to rise from 53% to 62%, before the end of 2007.[175]

116. Difficult questions about allocation of resources may be involved when deciding whether to provide support in specific cases. However, we consider these questions must be answered within the context of the legal obligations of local authorities and other public authorities, to respect the dignity and rights of service users. Local authorities must act in accordance with the Disability Equality Duty.[176]

117. We previously considered the positive duties of public authorities under the Human Rights Act in our recent report, The Human Rights of Older People in Healthcare.[177] The Government has since rejected our recommendation that it should legislate to make explicit that all public authorities, including councils, are under a positive duty to take active steps to protect and respect human rights, where the ECHR imposes a positive obligation so to do. The Government said that such a positive obligation was unnecessary, in the light of the duties of the Equality and Human Rights Commission to encourage public authorities to comply with the Human Rights Act.[178] We are deeply concerned about the Government's negative response to our recommendations on the need for an express positive human rights duty for public authorities. The creation of a positive duty to respect human rights would help kick-start a change of attitude to the role of the Human Rights Act and to rights more generally. We doubt that, at least in the short term, oversight by the Equality and Human Rights Commission will encourage individual authorities to take a more proactive approach. On the other hand, witnesses to this inquiry, including the Minister for Care Services and the Minister for Disabled People, stressed their view that the potential impact of the Disability Equality Duty will be to change fundamentally the way that public authorities look at disability rights. We remain persuaded that the same is true of positive duties and the Human Rights Act. We reiterate our recommendation that the Government consider the introduction of an express positive duty on public authorities to promote respect for human rights, where the European Convention on Human Rights imposes a positive obligation on the State.

118. The Minister for Care Services told us he was not persuaded that we were getting the best use of investment in services for adults with learning disabilities.[179]

119. The National Co-Director for Learning Disabilities told us that increasing respect for the rights of adults with learning disabilities was not principally an issue of expenditure.[180] He explained that a more positive approach to the rights of people with learning disabilities could be achieved by changing attitudes towards learning disability (we consider this issue below). We asked a number of our witnesses about how to make improvements, if no more additional resources were available. Suggestions ranged from increasing awareness of the Disability Equality Duty and the Human Rights Act,[181] through better control over care planning and management, to more individualised support with greater flexibility.[182]

120. We asked the Minister about tightening eligibility criteria and the balance which councils were required to strike between cheaper support for those with low support needs and more expensive intervention when their needs became critical. In the latest Comprehensive Spending Review, the Government committed to a process of consultation on a Green Paper on the long-term funding of social care.[183] Valuing People Now proposes the transfer of responsibility for learning disabilities from Primary Care Trusts ("PCTs") to local authorities. Associated budgets will also be transferred. Only specialist learning disability healthcare commissioning will remain with PCTs.[184] Shortly after giving evidence to us, the Minister for Care Services published Putting People First, a proposal for individual, or personalised, budgets for the care and support of elderly and younger disabled people, including adults with learning disabilities.[185] This programme has a ring-fenced budget of £520 million which will be distributed between 150 councils in England, over three years.

121. The recent initiatives by Government to grapple with funding in social care, particularly in relation to learning disabilities, seem like a step in the right direction, although they were announced at a late stage in our inquiry, after we had finished taking evidence. We heard some positive support for the introduction of individual budgets, but have also heard concerns about the adequacy of those budgets and the need for separate funding for independent, effective brokerage.[186] We strongly recommend that guidance to local councils should remind them that decisions about funding must be taken in a way which is compatible with the Disability Equality Duty and the Human Rights Act. We recommend that the Government rewrite its Guidance, including Fair Access to Care, to ensure it provides clear, straightforward and accessible examples of a human rights based approach, explains how social care funding decisions could lead to a breach of Convention rights and sets out how to comply proactively with the Disability Equality Duty.

Negative attitudes, assumptions and stereotypes about people with a learning disability

Some people take the mick out of me and I used to get bullied, but I know people know about my learning disabilities … my girlfriend does not have a learning disability. She gets treated fairly more than me because I have a learning disability. People laugh at her when she is with me, but she just says "he is the same as any one else".

A person with learning disabilities[187]


When we are born, our parents are given negative views about our chances in life. They are encouraged to mourn the fact that they have abnormal children, and their disappointment stays with us throughout our lives.

Andrew Lee, Director, People First (Self-Advocacy)[188]

122. Witnesses told us that providers of mainstream services and people on the street often had negative attitudes, assumptions and stereotypes about people with learning disabilities which made it difficult for people with learning disabilities to gain respect for their human rights. These attitudes and assumptions could lead directly to the denial of individual rights, for example through bullying or hate crime, or they could underlie decisions by others which marginalised people with learning disabilities and undermined their ability to speak up for their rights. Mencap told us:

123. Negative attitudes and assumptions can be a particularly significant problem for certain groups, such as people with complex and profound learning disabilities. For example, the PMLD (Profound and Multiple Learning Disabilities) Network told us:

    One of the greatest barriers that people who have profound and multiple learning disabilities face is the negative attitudes of others. Judgements are made about the meaning and quality of people's lives. This can stop people being offered more innovative forms of support, such as individual funding, because some people do not think that they will benefit…But these negative attitudes can also be life-threatening - for example if they result in the denial of medical treatment.[190]

124. Other witnesses confirmed the difficulties they encountered as a result of negative attitudes on the part of professionals and service providers. For example, in seeking access to healthcare (which we consider below, in Chapter 5):

    People (in health services) think that because we have a disability they don't need to talk to us and they talk to our carers instead. This isn't fair, we're people too. [191]

125. They also told us how negative attitudes could cause difficulties in the wider community:

    People felt that there was a general lack of tolerance within the community. The main barriers to people accessing this very important right to participate fully in their community range from a 'benign' lack of understanding of people with learning disabilities to the more worrying abuse of rights such as intolerance and discrimination.[192]

and

    People treat you funny. They won't let you have a relationship. People against us getting married.[193]

and

    We have experiences, seen and heard, about lots of bullying happening in the community. People with learning disabilities are often scared to go out. We're often called names or people take the mickey in a really nasty way.[194]

126. Andrew Lee, Director, People First (Self-Advocacy) told us:

    One of the most tragic things about the recent abuses in Sutton and Merton was that staff did not even know they were doing anything wrong.[195]

127. We agree with our witnesses that one of the most distressing and worrying things about the investigation by the Healthcare Commission and CSCI into the treatment of people with learning disabilities in Cornwall was that "many of the staff did not believe and understand that what they were doing was wrong". This episode provides a most harrowing example of how a lack of awareness of the rights of people with learning disabilities can have a devastating effect, leading to situations where the right to be treated with respect for private life is ignored (Article 8 ECHR), and the rights to life and to be free from inhuman and degrading treatment are endangered (Articles 2 and 3 ECHR).

128. Some witnesses told us that training for professionals and others on learning disability by people with learning disabilities would be needed to change the situation. For example:

    People with learning disabilities should be able to access mainstream services but barriers remain, mostly attitudinal barriers and through a lack of education and training, this looks like being a long time before change will occur. We have commenced this change process by offering user led disability equality training and trying to change attitudes of our local community. By promoting a positive image of people with learning disabilities and placing value on their contribution to society we are helping to adjust mind sets and hopefully commence the trend of people with learning disabilities being fully integrated into their community.[196]

129. The National Co-Director for Learning Disabilities told us that changing attitudes would involve promoting the rights of people with learning disabilities:

    Those negative attitudes will often come from people who have only ever experiences people with learning disabilities in a negative, passive role in society…It is only when society sees what people are really capable of that I think we will begin to make some major changes.[197]

130. The British Institute of Human Rights said that the promotion of a human rights based approach could improve the treatment of people with learning disabilities, not only by empowering people with learning disabilities but by promoting change within service providers:

    We see the wider potential of human rights ideas and human rights approaches for learning disabled people to claim more power and control over their own lives. In addition to individuals acting to claim their rights, we also see the potential for organisations to behave differently - not only taking steps to avoid the worst human rights breaches but also to fully promote and fulfil the human rights of learning disabled people in a way that enables them to flourish as human beings.[198]

131. We welcome the recognition by the National Co-Director for Learning Disabilities of the importance of educating people, and particularly service providers, to see people with learning disabilities as people with human rights which need to be respected. He told us:

    Because society has dehumanised people with learning disabilities for centuries, there is still a significant chunk of society that believes it is okay to treat people with learning disabilities in a different way to which would treat a non-disabled person … The importance of the human rights approach, is that over time, you will gradually create a culture where people understand that what they were brought up on, [such] attitudes … [which] are not acceptable in modern society.[199]

132. We welcome the recognition of both the Minister for Care Services and the Minister for Disabled People, that while the Government has a responsibility to ensure public authorities meet their duties to respect the rights of adults with learning disabilities under the Disability Discrimination Act and the Human Rights Act, a move away from negative attitudes and assumptions is required:

    What we are doing at every opportunity is highlighting to those who deliver our public services in particular, but also to those in the private sector who deliver jobs and various other services, that they have a responsibility to work with those with a learning disability as individuals and no categorise them, stereotype them or make assumptions about what they can and cannot do. That is where, I think, the human rights perspective is so powerful.[200]

133. We agree that taking a human rights based approach to service provision could contribute to reversing negative attitudes, assumptions and stereotypes. We again stress that the Department of Health and the Office for Disability Issues should take a lead in creating a positive approach to the implementation of both the Human Rights Act 1998 and the Disability Equality Duty. However, "taking a human rights based approach" means more than using the appropriate language in policy documents or in statements to parliamentary committees. A proactive and practical approach to the implementation of individual rights for people with learning disabilities is needed to replace the existing culture, which has allowed society to "dehumanise" people with learning disabilities for centuries.

Helen continued to be distressed and her confusion increased. She was sent to a psychiatric ward, where she behaved in ways very unusual for her, pacing and groaning in pain. As Helen's behaviour worsened she was sectioned under the Mental Health Act. Helen's family tried to explain ... they believed that the pain … was the most likely explanation for her change in behaviour. Doctors informed her family that Helen was "just doing this for attention".

Mencap Case Study[201]

134. The evidence that we have received in this inquiry strongly suggests we are failing adults with learning disabilities, by failing to afford adequate respect for their human rights. In the following chapters, we focus on four areas which we consider provide the starkest illustrations of adults with learning disabilities being treated without dignity and respect for their human rights:

  • The treatment of adults in health and residential care settings, an area that has already had a significant amount of public attention in the light of high profile cases (Chapter 5);
  • The experience of parents with learning disabilities (Chapter 6);
  • The treatment of adults with learning disabilities in the criminal justice system (Chapter 7); and
  • Barriers to an ordinary life confronting adults with learning disabilities (Chapter 8).



97   Q 1. Back

98   Annex 2, para 5. Back

99   Ev 48, 50, 52, 66, 68, 82, 408. Back

100   Ev 55, 84, 92, 110, 116. Back

101   Ev 326, 379, 391, 410. Back

102   Ev 50, 56, 242, 256. Back

103   Ev 116, 219, 238-239, 241, 411. Back

104   We have summarised some of the evidence we received from people with learning disabilities, their families and supporters in Annex 2; See also Ev 56. Back

105   Annex 2, para 6. Back

106   Ev 53, 94, 222, 299, 304, 310, 377. Back

107   Ev 327. Back

108   Ev 122. Back

109   Ev 194, 359, 391. Back

110   Ev 373. Back

111   Ev 49, 50, 163. Back

112   Ev 327. Back

113   Submission by Dr Alex McGlanghlin, School of Social Sciences, Nottingham Trent University, 16 May 2007, enclosing research findings. Available from Parliamentary Archives. Back

114   Ev 50, 57, 58, 328. Back

115   Ev 52, 110. Back

116   Ev 359. Back

117   Ev 121. Back

118   Ev 382. Back

119   Ev 153. Back

120   Committee Visit to Lewisham, Meeting with members of South London Keyring Housing and Support networks, 17 October 2007. See also Ev 390 - 392. Back

121   Ev 69. Back

122   Ev 237. Back

123   Ev 334. Back

124   Ev 69, 222, 327, 347, 359. Back

125   Ev 323. Back

126   Committee Visit to Lewisham, 17 October 2007. Back

127   Ev 65. Back

128   Ev 49, 50, 56, 58, 67, 184, 222. Back

129   Ev 68. Back

130   Ev 49. Back

131   Valuing People, para 7.39. Back

132   Ev 50. Back

133   Ev 69. Back

134   Ev 68. Back

135   Ev 69. Back

136   Ibid. Back

137   Submission from Macclesfield Speaking Up Speaking Out Centre. Available from the Parliamentary Archives. Back

138   Ev 50. Back

139   Annex 2; See also Ev 57. Back

140   Annex 2, para 9. Back

141   Ev 287. Back

142   Mencap, No ordinary life, 2001, p.10, cited Ev 204. Back

143   Valuing People Now, para 10.1.3. Back

144   e.g. Ev 56, 232, 242, 287, 317. Back

145   Ev 317. Back

146   Ev 287. Back

147   Ev 317. Back

148   Ev 287. Back

149   Committee Visit to HFT Resource Centre, 24 October 2007, discussions with a parent of two adults with learning disabilities. Back

150   Ev 245. Back

151   Ev 232. Back

152   Ibid. Back

153   Ev 217. Back

154   Ibid. Back

155   See for example Ev 298. Back

156   Annex 2, para 7. Back

157   Ev 136. Back

158   Ev 407. Back

159   Ev 97. Back

160   Q 118. Back

161   Q 154. Back

162   Q 158 (Mr Lewis). Back

163   Ibid. Back

164   Q163. See also Q164. Back

165   The Story So Far, Foreword. Back

166   Annex 2, para 6. Back

167   Ev 53, 74, 76, 94. Back

168   Ev 114, 160-161, 181. Back

169   Ev 392. Back

170   Ev 219. Back

171   Annex 2, para 7. Back

172   Q 17. Back

173   Q 13. Back

174   Q 126. Back

175   Figures provided following a request by Mencap, published by the Learning Disability Coalition. http://www.learningdisabilitycoalition.org.uk/news/news_9.asp.  Back

176   The High Court recently ordered Harrow London Borough Council to reconsider a decision to change their eligibility criteria, because they had not shown that they had considered the Disability Equality Duty: Chavda v Harrow [2007] EWHC 3064. Back

177   Eighteenth Report of Session 2006-07, The Human Rights of Older People in Healthcare, HL Paper 156-I, HC 378-I, para 146 - 153. Back

178   First Report of Session 2007-08 'Government Response to the Committee's Eighteenth Report of Session 2006-07: the Human Rights of Older People in Healthcare' HL Paper 5; HC 72. Back

179   Q 171. Back

180   Q 129. Back

181   Q 62-3. Back

182   Q 20. Back

183   Comprehensive Spending Review, October 2007, para 6.9. Back

184   Valuing People Now, 16.2. Back

185   Putting People First: a shared vision and commitment to the transformation of adult social care, Department of Health, 10 December 2007. Back

186   Annex 3, para 25 (Philippa Russell). Back

187   Annex 2, para 5. Back

188   Q 1. Back

189   Ev 137. Back

190   Ev 204. Back

191   Ev 69. Back

192   Ev 88. Back

193   Ev 49. Back

194   Ev 69. Back

195   Q 1. Back

196   Ev 51. Back

197   Q 129. Back

198   Ev 131. Back

199   Q 138. Back

200   Q 164 (Mrs McGuire). Back

201   Ev 139. Back


 
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