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Joint Committee On Human Rights Written Evidence


Memorandum from Midstream (West Lancs) Ltd

  Midstream (West Lancs) Ltd is a not for profit Registered Charity based in Skelmersdale, West Lancashire.

  The charity provides opportunities for young people and adults with a wide range of learning disabilities, physical disabilities and mental health issues to obtain nationally accredited vocational qualifications, and to partake in "real life" work activities at it's purpose built facility in the following vocational areas:

    —    horticulture;

    —    retail;

    —    life skills;

    —    woodwork; and

    —    Business Administration.

  The organisation has also successfully operated supported employment in kerbside recycling, and has an employment placement advisor who works with clients to access job vacancies within the wider business community.

  The charity has been in existence since March 1995, and has a proven track record of working with its client group. Currently the charity is financially self-sustaining in the recovery of its revenue costs, having initially benefited from grant funding up to 2003.

  The charity was founded by the parent carer of an adult with Downs Syndrome, who had expressed a wish to "go to work like his younger brother." Upon investigating the resources available to help her son access work, the parent carer found that there were few opportunities in existence locally. Due to this, she decided to explore the possibility of instigating a service that would support and address the needs of her own son, and others with special needs, in accessing employment.

  In consultations with other parents who were the main carers of young people and adults with special needs, it became apparent that such a service was in dire need by this sector of the community of West Lancashire.

  It became the parent carer's main mission to address this service need, and the organisation that she founded focussed on the provision of challenging opportunities for young people and adults with special needs.

  These opportunities offered individuals the experience of acquiring the work related skills necessary for employment, increasing personal confidence and enabled the local community to engage with and recognise the skills possessed by individuals with special needs.

  Midstream continues and enhances this initial work in a caring and supportive environment, and the organisation currently promotes the participation of people with special needs within their own communities by:

    (i)  The acquisition of new vocational skills and knowledge.

    (ii)  The recognition of the benefit to the individual's wellbeing offered by the raising of ones own self esteem by partaking in worthwhile activities.

    (iii)  The improved life chances that opportunity and engagement within the world of work can facilitate.

  Service users access the current opportunities at Midstream via referral, which can be from statutory organisations (Social Services Directorate), carers and individual service users themselves.

  All of the service users accessing the activities at Midstream require day care support to enable them to partake fully in the work activities offered. To facilitate this, the charity levies a daily charge of £37.50 (£5.00 per hour) to each service user, which is a part contribution to the recovery of the revenue costs of the organisation in relation to providing this support. This daily charge is usually funded via the service users care package, which can be administered by the statutory organisation or the individual themselves via direct payments or "In control" funding.

  The package is calculated on an individual basis and is a reflection of the service users assessed care need.

  With the advent of the Government white paper, Valuing People, it was anticipated that service users would be given increased choices and control over how their care packages were derived, and the opportunities that they would be able to access via the package. However, in the majority of individuals referred to Midstream over the previous three years this has not proven to be a reality. Members of the West Lancashire commissioning team have informed Midstream that due to budgetary restrictions and "over spend" service user's preferences cannot be taken into account when commissioning services. In-fact, the commissioning team is actively exploring ways to provide services "free of charge" by accessing finite grant funding and short term educational programmes. This obviously does not reflect the needs and aspirations of the individual service user, and impinges on their human rights by restricting their exercising of choice in relation to their daytime activity.

  Two recent cases involving service users accessing services at Midstream demonstrate this increasing trend of restricting individual choice.

Case Study 1

    P is a male service user with severe learning disabilities, Downs Syndrome and related health issues. P lives at home with his parents and other siblings. P's mother has returned to work, advancing her career, due to P's settled involvement with his current daytime activity.

    P attended Midstream for five days per week, and accessed horticultural activities. P requires one to one support to undertake the activities, but can also partake in small group activities. P enjoys the activities he is involved in, having attained three units of an Entry level qualification and has had the opportunity of growing a wide range of plants from seed through to full maturity in glass house and amenity settings. P's health, weight and stamina have positively improved due to his inclusion within physical activity. P's speech and interpersonal skills have also improved due to his inclusion within the small group settings.

    P recently had a review of his service, and it was felt by the reviewing officer at this review that P's needs could be met by him moving from his current placement at Midstream to attending the local authority day centre.

    This centre is part of the current daytime opportunities for people with special needs in West Lancashire, and is resourced via a "block contract" which operates regardless of the number of individuals accessing the centre. By P attending this centre, the referring organisation would obviously make a saving of the costs paid to Midstream.

    P's parents are his main carers and advocates and at the review they expressed their concerns at this change, as they recognised that it was a "cost saving measure" and not to the benefit of P. They also felt that the centre was inappropriate for P's needs and future development. P's parents felt so strongly that the centre was inappropriate for P that P's mother felt she would be forced to leave her employment to care for P during the daytime.

    P's parent's concerns were noted by the reviewing officer, but they were told that P's service requirement would have to be decided by panel.

    This panel consists of senior commissioning team managers, and as such P's parent's felt that P's service provision would be changed.

    As they were unwilling to allow this to happen, P's mother wrote to senior members of the Social Services Directorate, and her Member of Parliament expressing her concerns and dismay, and also stating that P's change in service would have a wide ranging effect on his family. In addition to these letters, a detailed progress report was undertaken by Midstream to demonstrate P's achievements and submitted to panel.

    At the panel meeting P's funding for his service at Midstream was agreed for a further thirteen weeks to allow Social Services time to gather further information regarding the best placement for P in order to meet his needs now and in the future.

    P's parents were obviously happier at this result, but the situation regarding P's long term day care was still unclear which left the family with uncertainty regarding the continuation of P's mother's employment.

    During the 13 week extension of funding, P's parents were encouraged to visit the day centre to assess its provision. They did so, but still felt that it was inappropriate for P.

    The reviewing officer also observed P's activities at Midstream for a full day to ascertain his level of engagement, and the appropriateness of the service. Midstream was happy for this to occur, but P's parents did express their concerns, and were surprised that the authority would use staff resources in this way. This observation they felt put undue pressure on P and had an unsettling effect once again upon the family.

    Following the thirteen week period, P's service was again reviewed by panel. P's service funding was reduced from five days to four for his attendance at Midstream. P was forced to attend the local day centre for the remaining day. This is his current level of service provision, and his placement at Midstream is under review each six months.

    P's family feel that they have been forced to accept a place within the day centre which they feel is inappropriate and de-motivating for P by the panel decision. This decision does allow P's mother to continue employment, but they feel that the six month review of service at Midstream has created an unnecessary uncertainty for P to contend with and with his attendance at the centre he may be forced to exchange further days in the future.

  The above case demonstrates how a family, and an individual already disadvantaged by disability, has been forced to maintain services by questioning decisions made by professionals regarding their future. Due to the proactive nature of P's family they have been able to advocate on his behalf. However, even with this extreme level of support his service has changed, and it is the belief of the family that the underlying goal of the commissioning team is to remove P from the services offered at Midstream thus enabling cost reductions to take place.

Case Study 2

    J is a male service user who attended Midstream from leaving school for two years for three days per week via funding secured by Midstream to offer land-based activities. This funding provided sufficient monies to displace all costs usually associated with service users undertaking land-based activities and the related day-care support costs attributed to the referring organisation. J was also able to access Midstream's own supported employment programme for the remaining two days per week which meant he was actively engaged for five full days.

    At the end of the programme, the professionals working alongside J within the supported employment programme assessed him as not being capable of sustaining paid employment. However, J was keen to continue with his land-based activities and widen his knowledge and skills by accessing amenity horticulture activities at Midstream's Skelmersdale facility.

    As funding had ceased, to allow J to undertake the horticulture activities a representation was made to Social Services by J's parents for him to access day-care at Midstream. J has a learning disability and Downs Syndrome, and requires constant prompting to remain on task along with emotional support and direction.

  As with Case Study 1, the request for funding was referred to panel, and initial short term funding was agreed for J to undertake day-care at Midstream as no suitable alternative was available.

  Unlike Case Study 1, J has a greater cognitive ability than P, and it was felt by the referring panel that J should be able to access the Lancashire Supported Employment Team with a view to them identifying a vacancy that would match J's skills and ability. However, following J's involvement with Midstream's supported employment programme, and the findings of the professionals working alongside J in regards to him maintaining employment, concerns were voiced by J's parents and they expressed their wish for J not to be introduced to the County Employment Service. They also felt that J was in need of a service that would allow him to access meaningful activities for five days per week developing his skills and abilities in a caring and supportive environment. The referring panel was reluctant to commission services on a long-term basis, again due to cost, believing that J could be supported into employment, subsequently the panel extended J's funding several times over the next few months by a few weeks at a time. This caused distress, uncertainty and anguish to J and his family.

  Coupled with this anguish, J was supported by an officer from Lancashire Supported Employment who shadowed J to ascertain his skill levels, and also removed J on several occasions from his horticultural activities to "Job Search." This unnerved J, and he expressed his concerns to his parents and professionals at Midstream.

  As J has limited literacy skills, he was unable to access and apply for job vacancies independently. J also has a speech impediment that reduces his ability to communicate effectively with other people. These two items are significant barriers to J when accessing employment opportunities. J's cognitive ability also restricts his understanding of the limitations these two barriers have on his acquiring sustainable employment.

  As a consequence of this, J's aspirations of securing employment were unrealistically raised by the officer from Lancashire Supported Employment. As no employment opportunity was secured by J, he became increasingly depressed, and disruptive at home.

  Following the unsuccessful attempts at introducing J to employment, a review was undertaken at Midstream. At the review Midstream's Operations and Training Manager outlined his concerns regarding the way in which J's aspirations towards securing employment were being unrealistically raised, and the behavioural and emotional problems this was causing. J's family confirmed that J was unhappy and unsettled by the process.

  Due to the underlying requirement of J being introduced to employment as a means of reducing the funding requirement of the Social Services Directorate, it was agreed that the employment officer would continue to search for opportunities for J, but would not directly involve him in the process.

  The employment officer would only introduce opportunities to J if there were a realistic chance of J securing an opportunity. With regards to J accessing day-care it was suggested by Midstream's Operations and Training Manager that a period of stability was required by the family and J to help him develop his skills further, but also to help him regain the emotional stability that his recent experiences had caused. The reviewing officer stated that she would pass this to panel, but as yet no firm decision has been made, and J's day care funding is under short term review.

  In conclusion, the two case studies above outline individuals and family members who have had their right to choice changed and denied by others. The main factor for this is due to lack of County funding to enable these individuals to undertake their chosen paths.

  The two case studies are not isolated incidents, with many more disadvantaged individuals requiring meaningful services in West Lancashire to allow them to engage with, and contribute to their local community. It is hoped that this review will highlight these issues and facilitate their empowerment.

23 May 2007





 
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