1.  INTRODUCTION

  We very warmly welcome the decision by the Joint Committee to conduct an inquiry into the human rights of people with learning disabilities. It is our view that children and adults with a learning disability regularly face discrimination in their daily lives and that their human rights are undermined.

  Unfortunately our capacity constraints have meant that we have not been able to prepare a well-evidenced and grounded submission, but we trust that the committee will find our perspective useful.

2.  LEARNING DISABILITY WALES

  Our mission is "Creating a Wales that values and includes every child and adult with a learning disability". We represent 110 member organisations, a comprehensive alliance of all non-government organisations in Wales who are active in the field of learning disabilities. This includes service providers, parent carer organisations, self advocacy groups and parent carer groups.

  We are a campaigning and lobbying organisation, we have a website www.learningdisabilitywales.org.uk, regular publications and a growing training programme.

  In addition to making this submission, we have circulated an e-news to all our members giving them details of the committee's work, and encouraging them to make a submission.

3.  SUBMISSION

  We limit our comments to three of the four areas that the committee is seeking to focus on.

The provision of public services such as healthcare, education, housing and welfare benefits to people with learning disabilities, the ability of individuals to access these services and the quality of provision

  We wish to identify two specific areas where we believe that people with learning disabilities are discriminated against in the provision of public services. These both relate to employment and training, and have been the subject of detailed presentations by us to the National Assembly of Wales Education, Lifelong Learning & Skills Committee and to Welsh M.P's.

  When young people with learning disabilities move from school to adulthood in Wales they do not receive the same opportunities as their non-disabled peers. During this transition process, while they may often have an interest in vocational training and seeking employment, they are treated unfairly by public services. Typically they do not have the usual opportunities through work experience, or job sampling, they are not encouraged or assisted to undertake vocational training, do not benefit from individual learning coaches and, even where these exist, are not encouraged to pursue supported employment. The potential that many individuals have to develop independence and to hold down a regular job is too often ignored, at great cost to the individual and to society.

  We welcomed the introduction of changes to Incapacity Benefit, if it maximises the support to enable people with learning disabilities to try paid work, and if there was no coercion. Disappointingly the anecdotal feedback we have received is that Job Centre Plus continues to overlook people with learning disabilities. Not only has there been no coercion, which we welcome, but that often people with learning disabilities are reconfirmed as being incapable of work with no review taking place. It is alleged that Job Centre Plus is looking for "quick-wins" to reduce the number of claimants, rather than being prepared to invest the time and resources in helping people with learning disabilities into work.

  We would also encourage the Committee to look at the criminal justice system and how it treats people with a learning disability. The Prison Reform Trust and Mencap are currently completing an important research project on prisoners with learning disability. Their work is highlighting the abnormal prevalence of people with learning disabilities amongst the prison population, and the extent to which they remain unidentified, let alone supported. We particularly note that there is no forensic psychiatry service for people with learning disabilities in Wales.

The possibility for adults with learning disabilities to form and maintain personal relationships with others (such as partners, parents and children) and the positive obligations of the state which arise

  We are partners to a project let by the Norah Fry Research Centre, Bristol "Finding the Right Support Project". Our work with parents with a learning disability, and professionals is highlighting the extent to which the human rights of parents with learning disabilities are being undermined.

  We fully recognise and promote the fundamental point that in any family situation the best interest of the children are paramount. We are, however, collecting some heart-rendering stories where the parent has been ruthlessly separated from their child and no attempts have been made to assist or support continued access and contact.

The potential of the Convention on the Rights of Persons with Disabilities to promote the rights of adults with learning disabilities

  We monitor the development of the United Nations Convention with great interest, and consider it to be a major milestone in promoting human rights. Its provisions, if fully reflected in U.K. government policy and in civil society would do much to promote the rights of people with learning disabilities.

  We would ask the committee to make specific recommendations to the U.K. Government, that will demonstrate real commitment to the Convention by this country.

James Crowe

24 July 2007