Examination of Witnesses (Questions 160
- 179)
MONDAY 12 NOVEMBER 2007
MR IVAN
LEWIS AND
MRS ANNE
MCGUIRE
Q160 Earl of Onslow: You have overpaid
my daughter! She gets terribly angry when I say that.
Mr Lewis: I shall send her a transcript
of your comments! There are two issues. Clearly if we are going
to get very much further on the question of a focus on the needs
of people with learning disabilities we are going to have to include
that in a number of different ways, first of all in negotiations
we have with GPs once the contract negotiations are resumed, so
that is something that is going to have to be done, and secondly
there is the whole question of what chief executives of NHS provider
organisations regard as being important, and if it is not one
of their priorities then, frankly, they are not going to treat
people with learning disabilities anywhere near as seriously as
they ought to. Thirdly, there is the whole question of the relationship
between the NHS and local government and, indeed, the voluntary
sector, private sector, in local communities. We talk a lot about
integration but for many of the groups of people, particularly
this group of people, that whole relationship between social care
so-called and the NHS is absolutely crucial. My answer to your
question would be that, first of all, I think GPs have to consider
what is best practice sometimes and make sure they do that best
practice without a view to exactly how much in the QOF formula
they are going to get as a consequence of it. Some of it is just
best practice and the best GPs want to give equal access to their
patients and recognise that some of their patients will need more
attention and more time than others. You used the five minute
argument, and I have not got the detail in front of me, I may
want to challenge that, but, of course, there are other patients
that GPs are dealing with who need far less time than the median.
The best GPs are willing to recognise that different patients
have different needs for different reasons, and inevitably some
people will need more attention. I wish I felt the biggest single
issue here was to do with a lack of time. I think there is a lack
of knowledge and expertise, and I am not saying in relation to
your daughter but amongst GPs generally.
Q161 Earl of Onslow: I asked this
because it came up.
Mr Lewis: Also, I think there
are certain things which are expected of GPs that I regard as
being about best professional practice, not about whether you
are going to be incentivised through contractual negotiations
to do it or not. We need to be frank about that. Carers, by the
way, are another area and we should remember that many adults
with learning disabilities are still predominantly supported by
carers or family members and there is a whole debate to be had
about the relationship between GPs and carers.
Q162 Chairman: If we are looking
at the issue of health, and I think you are right to look more
strategically than just at the GP time taken, although that is
important, we saw the DRC on an inquiry on health inequalities
and they came to a pretty robust conclusion and said: "The
term `institutional discrimination' does not seem too strong to
describe what is happening in some quarters", and I suspect
from what you are saying that whilst you may not formally agree
with those words you would understand perhaps where they are coming
from. What would you say you are going to try and do to address
that? I know you have got your independent investigation into
some of these issues now but how can you respond to comments like
that from the DRC?
Mr Lewis: The answer is there
are a number of ways and I have tried to identify some of them.
There are the contractual negotiations with GPs and their representatives.
There is an understanding of what best practice is and spreading
that best practice. There is the training of doctors and nurses,
and we should remember that primary healthcare is not just about
GPs, it is about a whole range of professionals. It is about senior
managers in the NHS knowing that a part of the way they are going
to judge but also incentivise in terms of their responsibilities
are the experiences of people with learning disabilities. Frankly,
there is also the fact that when appalling neglect, institutional
or otherwise, takes place there are the consequences, because
I never want it to be said, "That person had a dreadful experience
in terms of their healthcare but the mitigating factor is the
person had a learning disability". That is a complete anathema
and unacceptable to me. The other issue is commissioning. The
other question that has to be asked alongside that is that when
there have been these abuses, mainly in specialist services, there
have not been very many prosecutions stemming from those abuses.
There is a whole variety of factors at play here and it would
be very disingenuous to say one more than the other would make
the difference. It is really about the Department of Health, and
the NHS consequently, taking the needs of people with learning
disabilities seriously and giving them a higher status in the
future and, whether you are a GP or a senior manager, knowing
that people with learning disabilities require a specific and
distinct response and they have the same rights in terms of access
to mainstream healthcare as any other citizen, and in terms of
the provision of specialist services this notion that we have
got to move away from the medical model, other than in circumstances
where people have an illness or a health condition.
Mrs McGuire: That is where the
Disability Equality Duty is also key, because it is about charging
public authorities in the widest sense not just to look at their
practice but to start to raise the issues of disability equality
as part of the way in which they deliver services, and that covers
the NHS as much as it covers police authorities and educational
establishments.
Q163 Chairman: I think that is something
we will want to come back to again. The answer you gave there,
Ivan, was not very dissimilar from the answer you gave us when
we were looking at this issue in relation to the treatment of
the elderly within the hospital and care home system. That links
through to me to the main thrust of what we were talking about
then, which was the use of human rights as a lever to improve
services. Do you see the Human Rights Act and human rights principles
as a lever here to improve services and, if so, how are you using
it in your negotiations with your colleagues across departments
to help people with learning disabilities? Perhaps you can give
us an example, if possible.
Mr Lewis: Obviously part of the
new Valuing People focus that we will be publishing in
the near future will be the whole reminder to people that this
is about human rights legislation and the Disability Discrimination
Act, and 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 also about fulfilling statutory obligations. As I said to
you the last time I appeared, I also have a concern that ministers
are very clear that in the same way as just announcing a policy
or an initiative does not change anything for people on the ground,
simply having law does not always change people's experiences
on the ground either. As long as we get the message right in terms
of that combination of factors I think you are right. Mersey Care,
and they have appeared here, have a very impressive approach and
a significant part of that approach is based around starting off
from the perspective of fundamental human rights. The new approach
to Valuing People, the next stage of Valuing People,
needs to emphasise to the deliverers as well as the policy-makers
that much of this is grounded in the law.
Q164 Lord Plant of Highfield: Your
answer there really brings me on to my first question. Many of
the witnesses have said in the context that you are producing
a further version of Valuing People that what is needed
is not so much more policy or an elaboration of policy, they are
strongly supportive of the policy and think you have got the policy
right, the problem is implementation, persuading people on the
ground, as you put it a minute ago. What sort of levers can you
pull? How do you go from a widely supported policy to actually
getting the implementation on the ground?
Mr Lewis: I will deal with that
and then Anne might want to come in. There are a number of things.
First of all, we now have substantive legislation that was not
there previously. You have got to align the message you send to
your regulators, whether it be CSCI or the Healthcare Commission,
in terms of how they are judging public sector provision, so regulation,
making sure that is consistent, understanding that if you are
a senior person in an organisation part of the way that organisation
will be judged is the way you treat people with learning disabilities,
in this case. The fact that we have proxy targets for the first
time around social exclusion which are about people with learning
disabilities are a major step forward. In addition to that, empowering
people and family members to know what their rights are and supporting
them to develop the skills and confidence to challenge the system
when the system is not delivering is crucial, whether it be forums
or things like personal budgets and direct payments, so recalibrating
the power in the system so you give a lot more power to people
and their families who use services is another important way of
changing things. We set up the Learning Disability Partnership
Boards, which the Committee has heard a little of, and of course
the view is they are incredibly patchy in their effectiveness
and some local authorities are going through the motions. They
have not disbanded them but they have very little influence over
the development of either policy or delivery at a local level,
so one of the things we have got to look at is what we can do
in terms of the Learning Disability Partnership Boards. The new
version of Valuing People is no change of policy whatsoever,
and this is the whole point, we will be saying very clearly the
policy was right and is still right, the consensus is still there.
It is how do we use the levers that we have available to us at
a national level to secure better delivery locally. The final
point I would make is this whole debate around devolution and
localism. If you look at the latest Comprehensive Spending Review
settlement, the new arrangements between central and local government,
there is a much greater level of devolution. With that comes a
performance framework, clear requirements and obligations in terms
of outcomes, and with that comes local area agreements, but in
the end we have to be much clearer as ministers and as Government
in every area of policythis applies to the dignity of older
people as wellwhat are the levers that we have and be very
ruthlessly focused on seeking to identify what they are and, where
appropriate, pulling them to maximum effect. The final responsibility
and power ministers have is to say these things matter. A lot
of the work that we have done around the dignity of older people
is beginning to have an effect in that it is beginning to be debated
and discussed and is in the media almost on a daily basis. Getting
these issues debated and discussed, and people understanding how
important and serious they are, and that it is not just about
somebody else's family, it may end up being about your family
or someone you care about's family, is crucially important.
Mrs McGuire: I think we have also
got to recognise that legislation has been there now for a long
time and it is about how individuals who deliver public services
actually accept their part of the responsibility. I do not want
to pre-empt the question on the disability equality duty, but
what that does do is recognise that everyone who is involved in
the delivery of the public service has a responsibility for ensuring
that the rights and needs of disabled people are taken into account.
If I could give you a specific example where a reasonable adjustment
could be made in terms of a hospital, it might well be that they
need to look, if it is an outpatient appointment, at how they
manage that outpatient appointment. Do they change it to suit
the particular commitments of a learning disabled adult and perhaps
their parent or carer? What can be considered to be a reasonable
adjustment? The whole concept of reasonable adjustment has now
been with us for a long time. Ivan is right: we are not now defining
new policy. 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 not 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. As I say, I know from earlier evidence that that approach
was supported by various organisations and their representatives.
Q165 Lord Plant of Highfield: But,
picking up the point about localism that I have made, some of
our witnesses have suggested that local authorities are tightening
up a very great deal on the criteria for eligibility and that
means that a more and more limited group of people will have access
to the best level of service that might be provided. Do you recognise
that, and, if you do, how are you going to work with local authorities
to ensure that the vision of Valuing People is not eroded
by this tightening up under financial pressures of eligibility
criteria? A more specific question following that general one
is this. If the numbers are tightening up because of the tightening
of the criteria the critical group is going to get into the eligibility
criteria but the group of people immediately below that group,
as it were, who could get very great value from services but whose
needs are not as critical, are not going to get them under this
tighter regime. Do you recognise that and what steps, if any,
do you think you can take to ensure a reasonably equitable distribution
between the critical group and the very needy but not critical
group?
Mr Lewis: In the Comprehensive
Spending Review settlement the Government has committed now to
a process of public engagement and consultation leading to the
production of a Green Paper next year on the long term funding
of care in our society. I am delighted that the scope of that
is beyond older people. I think this is a major advance, something
that we fought for, and it recognises that social care, unlike
the NHS, has always been means tested and therefore the challenge,
in the context of a society which is changingdisabled people
now have long lives and expect full lives, quite rightly, as well
as the fact that we live in a society where people are living
longer and have more complex and challenging conditions), is that
as we look at that demographic change which is swirling around
us we need to have a new settlement between the state and the
citizen in terms of who is responsible for what when it comes
to the funding of social care. That is the long term. As for the
short term, I have spent my whole life in social care before I
was elected to Parliament in 1997. I started off life as a young
volunteer at the age of 14 working with people with learning disabilities,
which is where I get some of my passion for this from. I set up
a small voluntary organisation at the age of 19 looking at leisure
and social opportunities for people with learning disabilities.
I feel very strongly that we are not getting best value for existing
resources. I think the community care legislation of the 1990s
was very well intentioned indeed. I think it has led to unintended
consequences of an over-complex and over-bureaucratic system with
too much emphasis on assessing people and very little on doing
anything once you have assessed them. We have got this whole stuff
around eligibility criteria which means that we do not realise
that our interventions need to be a lot more about early intervention
and prevention. If a person with a learning disability is healthy,
is working, is having a positive life, they are far less likely
to become ill and to become highly dependent on the state and
therefore, in terms of best use of existing resources, there is
a lot more we can do. We will be announcing very soon a programme
of reform, which we will be leading on for the Department of Health
but which will be cross-government, on the whole way that we do
adult social care in our country. I do not want to go into that
too much but I want to be clear about the ingredients of that
message. One is a much greater role for personal budgets so that
people have a greater level of control themselves over the care
that is provided to them and their families. Some people will
need a large amount of help to make that a reality. Other people
will need a minimum amount of help. Another is a shift to early
intervention and prevention and away from a system which starts
to respond to people once they have already deteriorated. We need
a much closer level of integration between the NHS, local government,
the private sector and the voluntary sector in every local community
and a focus on the quality of commissioning. I do not just mean
of commissioning by local authorities or by primary care trusts
or by DWP. I mean the notion of joint commissioning in communities
so that we are looking holistically at the needs, in this case,
of people with learning disabilities. We talk of a world-class
commissioning system. We do not have a world-class commissioning
system. We never said it was world-class, by the way, but it is
our aspiration. At the moment there are a lot of people who act
as commissioners but who frankly are contract managers, who manage
an existing market, who manage existing providers but who have
not got the skills or the vision or the imagination to first of
all get a very clear sense of what their population needs assessment
is and, having done that, to really begin to re-engineer and recast
services in an appropriate way. I also suspect that we have large
amounts of money tied up in out-of-date services that people with
learning disabilities do not need and do not want. There is a
real challenge there about how we free up some of that resource
in an imaginative way but also in a way that takes families with
us. I think this is a really difficult one for people at a local
level. If you are proposing major reform of traditionally provided
services and you have thousands of people marching down your local
street it is all right referring to the minister's contribution
at an evidence session like this, but when certain politicians
(who shall remain nameless) are presenting any change in the NHS
and social care as cuts it makes it incredibly difficult to radically
move services forward. I also believe we must do this reform very
differently from the way we have done previous reforms. You need
to win the hearts and minds of people on the front line if you
are going to reform a system effectively, and therefore, rather
than having a set of reforms that we impose top-down on people
working in the social care system (and to some extent in the NHS)
you need to try and find a way of reforming the system in partnership
with those who are responsible for delivering it in the real world
on the front line whilst never, never being afraid to challenge,
as Anne said, the poorest of the practices, whether it is about
the dignity of older people --- I had a go recently and said some
nursing brings that profession into disrepute. Failure of accountability
amongst NHS managers is completely unacceptable. It is about achieving
this delicate balance between wanting to win the hearts and minds
of people on the front line and taking them with us but never
being afraid to say that there are certain things which are entirely
unacceptable and standing up for the rights of citizens who use
services, and their family members in this case.
Q166 Chairman: It seems to me, Ivan,
and we have had an amazing amount of evidence on commissioning
issues, whether from people who have given evidence to us formally
or when talking informally with people with learning disabilities
or we have been out and seen for ourselves in those bodies, that
there is a huge amount of really good work going on, often with
relatively few resources. You can achieve an awful lot for people
who are not particularly seriously disabled. It is like the greatest
good for the greatest number argument, I suppose, in terms of
a relatively small amount of money being spent relatively thinly
and doing an enormous amount of good, and whilst we are inevitably
focusing on people with serious disabilities who must have the
help, we have to find a way of getting smart in the commissioning
process. That is quite an inspirational statement. The real question
is how you translate that inspirational statement into what happens
on the ground.
Mr Lewis: Anne has some similar
experiences, but, very quickly, the only person employed in the
small voluntary organisation I ran back at the age of 18 or 19
(when I had a proper job and a life) was me and a half-time admin
worker. This was about getting people access to social and leisure
opportunities other people would take for grantedgoing
down the pub, going to the theatre, the cinema, introducing people
to the notion of relationships and friendships and acquaintances.
The only cost was the volunteer expenses and my salary and that
of the half-time administrative worker and the £30 a week
it cost to rent a dingy basement room in a not very salubrious
hotel somewhere in darkest Salford. The point I am making is not
that volunteers should be used to do it on the cheap or that we
should exploit people but that there is an awful lot we could
be doing in the world of social care which is about alleviating
loneliness and isolation, about building relationships between
people, that does not need to cost billions of pounds in state
expenditure. One of the sadnesses about the community care legislation
of the early 1990s is that it has left us with a system where
nobody appears to be responsible for things like how do you alleviate
the loneliness and isolation of older people or people with learning
disabilities? One of the things we will seek to address in the
announcements we make in due course will be not saying that the
state has a duty to provide people who are lonely with a friend,
because that would be a disaster, but that surely the state, represented
at a local level, in partnership with local communities, so it
has to be a combination of statutory agencies, the voluntary sector
and local communities, has a duty to look at its most vulnerable
members and build various systems around those members which enhance
their quality of life. Some of it is about statutory agencies
like adult social care, like the NHS, like Jobcentre Plus, like
the Learning and Skills Council, making sure that they fulfil
their statutory obligations to everybody in an equal way (they
do not do that at the moment in many cases) but some of it is
also about communities having a different view of what a decent
civilised aspirational community should be in a modern world.
Mrs McGuire: That is why we are
so keen on our individualised budgets approach, because it is
not about additional money or additional resources; it is about
looking at the resources that are there and how, by reconfiguring
them, you can not only give independence, control and authority
to an individual disabled person but also improve their quality
of life because they are in the driving seat, and certainly some
of the early experiences coming back from those individualised
budgets are very positive.
Q167 Mr Sharma: You have already
picked up the question I was going to ask, but I had experience,
before becoming a Member of Parliament only five months ago, of
working in the disability field, particularly with learning disabilities.
My main concern is that there is a lack of skills, which you have
already identified, but also strict financial controls, so that
when a needs-led assessment is done it is done keeping in mind
how much money we have, and that is where this new criterion will
affect a lot of people who are sitting on the margins. How are
we going to improve the staff skills and the skills of those people
who are going to decide it in the future?
Mr Lewis: We spend vast amounts
of money on staff training in social care and I am still wondering
whether we are clear about the outcomes we get for the money.
We should recognise that 70-75 per cent of the provider organisations
in social care are in the private sector or the voluntary sector;
it is not in-house or direct provision. One of the things I want
to do is ensure that in every locality the private sector and
the voluntary sector are around the same table as the local authority
in designing and developing the training programmes, because we
are talking in those cases about the vast majority of the staff
on the front line or their workers. We also need, of course, to
raise the status of care staff who are poorly paid and often low
skilled, and this is a major difficulty generally. No government
is going to massively increase the salaries of those people overnight
but there is a need to have a serious look at the inevitable consequence
of a low-skilled, low-paid workforce when we are asking them to
work with the most vulnerable sections of our society. I think
Anne's point is really important. If you look at the implications
of moving towards a model where the vast majority of people have
their own budget, this will change the role of many social workers
and social care staff because in a sense they will go back to
doing what I hope most of them joined the profession to do in
the first place, which is to empower and enable and support people,
not simply assess them and tick boxes. Let us be clear: what I
am articulating today is a vision about a considerable reorganisation
of the way adult social care does its work up and down the country.
I think there are many unintended consequences of that well-intentioned
community care legislation. It is almost as though people feel
they have to do social care, like they do with the assessment
criteria, with the same approach all over the country. It has
become an industry which does things in the same way. I am not
saying there are not real financial pressures because that would
not be the case, but can people, hand on heart, say that we are
getting best use for the existing resources? I am afraid I do
not believe we are anywhere near getting it. We have had the Comprehensive
Spending Review settlement. The department budget is spent largely
through local government into its whole range of services, including
adult social care,and we should remember that that budget
is not ring-fenced, by the waybut what will happen next
is that we will be announcing very soon an amount of money the
Department of Health has specifically for the reform of adult
social care over the next three years, which is over and above
the resources that go through local government in terms of the
revenue support grant.
Q168 Earl of Onslow: Minister, I
must say I have been very impressed by your complete grasp of
this subject.
Mr Lewis: I am in trouble, obviously.
Q169 Earl of Onslow: I could almost
call you an uber-Blairite but perhaps it would be
unfair.
Mr Lewis: It may not be very helpful
either.
Q170 Earl of Onslow: What I am finding
it difficult to come to terms with is the fact that although your
diagnosis of the problem seems to be extremely good there also
appears to be patchy local authority and local reaction. How do
you balance the demand which you articulated for more locally-based
solving of problems with imposing from the top a standard of behaviour
of which we should all be proud?
Mr Lewis: Is that not the age-old
question for politicians of all colours through history and have
we not gone from one extreme to another in terms of this pendulum
of central, Stalinist, rather uber-Blairite control
and devolution?
Q171 Earl of Onslow: I think we are
much too centralist in practically everything.
Mr Lewis: The irony is that people
have come to a conclusion that to achieve real change you need
to empower far more the professionals on the front line in the
localities. There seems to be a consensus around that. Equally,
if you think about the amount of time that ministers spend dealing
with the latest press release from Age Concern or Mencap or Help
the Aged slamming the system for one failing or another, the obvious
pressure on the politicians is to take some responsibility rather
than say that this is a matter for local determination. I think
we may be accused of abdicating responsibility, so we need a far
more mature debate about the role of central government vis-a"-vis
the role not only of local government but also of local communities
and local government's relationship with other statutory agencies.
The great difficulty often, I feel, is that there are certain
things that happen on NHS wards in nursing homes, in agencies
of one kind or another, which to me are nothing to do with resources
and nothing to do with the Government's "target culture"
and everything to do with poor management and a lack of professionals
taking responsibility. I am not prepared to stop challenging the
system when I believe it is fundamentally failing in its basic
obligations to older people or people with learning disabilities.
In terms of older people, if it would not be good enough for my
mother and father why should it be good enough for somebody else's
mother and father? That is the message that I think we need to
send out. You could also use this analogy, changing the words
"mother and father" to "family": if it is
not good enough for my family why should it be good enough for
somebody else's family? Some of it is because these professionals
and managers function in very high pressure circumstances in a
very difficult context, but some of it is people not taking responsibility
and not doing their jobs properly. Any Member of Parliament knows
that many of the people who end up in their surgery are there
because one public service or another has failed to take responsibility
for sorting that person's problem out and instead has passed that
person from pillar to post and treated them with complete contempt,
as a number. That is why an uber-Brownite policy,
which we should welcome, is this notion of the personalisation
of public services. Of course, the danger of the term "personalisation"
is that it becomes another fashionable, meaningless expression,
so we have to define it. What it means for me is that we have
to move away from regarding people who use public services as
part of a system of mass production, which I am afraid is the
current culture, to a system which treats every individual in
a highly personalised way. I will use an analogy which is controversial,
uber-Blairite or uber-Brownite, and
that is that very few people who are seriously ill would choose
to go to the private healthcare sector for a solution. They are
much better off in the NHS in my view, but why do people often
choosestill a small minority in this countryto use
the private sector? Largely for the customer care and the highly
personalised nature of the service that the individual or the
person that they love will get. That for me should not be above
the capability of a modern public service, to offer not just the
best clinical care but also the best personal and customer care
that we can possibly seek to provide.
Q172 Baroness Stern: I am enjoying
what you are saying very much. I want to talk about the Equalities
Public Service Agreement, which I have read. I have it here and
it is a most encouraging and attractive document, but my question
to you really is about implementation. The implementation of documents
like this is associated, I think, in many people's minds with
designing a list of things you can measure. Somebody will no doubt
be sitting somewhere in one of your offices now designing a list
of things you can measure, and the local deliverer is the person
who does the measuring or makes sure the measuring comes out right
in some way or other and ticks boxes, and then you implement this
thing, which is an excellent thing. I want to ask you whether
there is another vision you might have about implementing it which
would have something to do with the Human Rights Act and the values
and ideas in the Human Rights Act, and trying to tell the people
who do the delivery about them, and then inspiring them to see
this not as another tedious ticking thing from Whitehall (of which
they already have so many) but as something that could lead them
to give people some pride in their work and a strong sense of
values. Have you got any ideas about how you might do that?
Mrs McGuire: The PSA on Equalities
is part of an approach across all of these areas which is very
much based on a human rights set of values. In talking about ending
discrimination in employment, unfairness in receipt of services
and unfairness in the lack of access to participation to public
life, I think we are setting out fairly inspirational objectives
and ones that may not be easily achieved by the tick-box exercise.
Certainly Ivan and I, who do a double act in various forums across
the country, and internationally as well, are very much giving
out the message that we are not interested in tick-box exercises
any more because you are right, Baroness Stern: they can be achieved
pretty easily and then they become routine and then just part
of the drudgery. This is not about the drudgery of life. This
is about being evangelical about the rights of disabled people,
particularly those with learning disabilities, to be full members
of society. We need advocates, we need champions alongside us
on that, and I have to say from my experience, which goes back
slightly longer than Ivan's but comes very much from a similar
background, that I am now beginning to see those changes, that
people who are involved in public life and people who are involved
in business, senior members of the business community, are now
beginning to talk about learning disability in far more positive
terms than, frankly, I could ever have anticipated 35 years ago
when I was working with adults with learning disabilities. Yes,
we do need to measure the achievements, we do need to look at
ways in which we can assess our progress along the road, but we
also need to inspire people. We are not doing this because it
is a tick-box exercise. We are doing it because it is the right
thing to do, and, to hark back to what Ivan said earlier, if it
is good enough for my family then it should be good enough for
everybody. That is where we are coming at on this, but it has
to be an inspirational message and it has to be one where communities
hear the advocates, such as Andrew Lee, who was at your committee
a few weeks ago and who I thought gave very powerful evidence
to you on how he perceived his life both as an individual and
as a representative of those with learning disabilities. Certainly
from my experience the picture that he painted was very much the
picture that I used to have to work with before I was a Member
of Parliament.
Mr Lewis: I agree entirely with
all that. The other thing we need to do is recognise that there
are some real pioneers out there, some radical forces for change
who have been revolutionary in a sense for many years in the learning
disability field. In Control is one of the latest manifestations
of that, as is some of the work at Mersey Care and similar organisations.
There is an organisation I am aware of called Partners in Policy
Making, which seeks to give family carers a lot more confidence
and assertiveness in challenging the system but in a sensible,
constructive, positive way, not in an adversarial way. This is
an area where there are lots of hazards. I think the danger is
that pioneers are seen as a threat, not an opportunity, and the
radicals are kind of marginalised and we need to find a way in
the period ahead of encouraging and rewarding and incentivising
people who are willing to challenge the norm. I think any organisation
that is going to be successful needs to start off by being values-led,
and everybody who works within it needs to understand what those
values are and why they matter before you get on to talking about
people's individual job titles or their individual roles and responsibilities.
The best leaders and managers understand that. I have to say to
you that I think there are far too many public sector organisations
in this country where they do not have leaders and managers who
understand that.
Mrs McGuire: And who also do not
like the idea of risk.
Q173 Baroness Stern: Do you have
a plan about this PSA, to try and have it implemented in the rather
inspirational way that you have both described, and is it somewhere
where we can read it and look at it?
Mrs McGuire: Is that a cunning
plan?
Mr Lewis: What is this PSA? Does
it specifically refer to, say, old people?
Q174 Baroness Stern: The Equalities
PSA.
Mrs McGuire: It focuses on the
pay gaps, on discrimination
Mr Lewis: Do you mean across the
board?
Mrs McGuire: across the
board.
Q175 Baroness Stern: Yes, but obviously
we are interested in how it is implemented in relation to this
inquiry into people with learning disabilities. They are in there
and therefore I would like to know where the inspiration turns
into doing.
Mr Lewis: The belief that we can
transform the adult social care system in this country without
waiting ten, 15, 20 years is one that I hold, and I think Anne
holds, and that would obviously make a massive difference to people
with learning disabilities. Our challenge in the period ahead,
and we are talking about weeks, not years, is first of all to
be absolutely clear about what that vision is, and, being absolutely
clear about the vision, then to set about the task of ensuring
that as many people as possible in positions of influence understand
the vision, own the vision and see it as a shared responsibility
to make the vision happen. I would say that in relation to adult
social care in the assessment couple of years there has been a
period of silence in terms of vision and sense of direction and
leadership, and that period of silence is coming to a close. The
challenge is that we will be able to articulate the vision because
in a sense today I hope we have been able to show you some of
the ingredients of that vision, but then we need to ensure that
organisations that can make the most difference, locality by locality,
first of all share it and understand it and then inspire the people
who work at every level of their organisation. It is no good the
chief execs being good guys if the middle managers do not understand
it, do not feel signed up to it, are not included in it and then
the front-line staff are alienated. If any part of that chain
is broken the danger is that you end up with unintended consequences,
but I do think there is an issue beyond this about public sector
passion in terms of when you go to work every day are you made
to feel as though you have the power to make a real difference
and are you encouraged to feel that about your job, or are you
going to work every day feeling that you are having to fulfil
a very functional set of responsibilities? That is the challenge
in terms of the personalisation of public services going forward.
Q176 Baroness Stern: So I assume
you do have a plan.
Mr Lewis: We do.
Q177 Baroness Stern: It sounds as
if you have got a plan.
Mr Lewis: We do.
Mrs McGuire: But it will manifest
itself in different ways. One of the PSA targets is choice and
control in life. We are looking at developing our independent
living approach. We currently have a task force due to report
on an approach to independent living, and I know that it is an
issue that has been raised on a regular basis in the House of
Lords. In terms of issues relating to discrimination in employment,
we are currently working with organisations through our disability
employment schemes, et cetera, our Pathways to Work, to look at
how we tackle those issues. Going back to what I said earlier,
we need champions out there and there are champions. They do not
always get the publicity they deserve but increasingly it is becoming
part of the orthodoxy, I think, in conversation, certainly in
the private sector, and Ivan is spot on when he talks about public
service deliverers. One of the most positive discussions that
I have heard, when we were talking about an individualised budgets
approach, came from social workers who had been in the social
work slot for a long time, and through the individualised budgets
approach they were freed up to do some of the work that they had
gone into social work to do, which was not about making decisions
for people but about supporting people to make their own decisions.
They had become reinvigorated and almost liberated in the way
in which they were now pursuing their work, and if we could find
a way of bottling it and sending it out across the country we
might well do that.
Mr Lewis: In the north west, when
the long-stay hospitals were closed down, the resettlement of
people with learning disabilities, there was a network of people
with a missionary zeal about the closure of those institutions
but also the positive resettlement of those people into the community.
We want the same missionary zeal amongst as many people as possible
in terms of the right to independent living, and that in a sense
is our next challenge.
Q178 Baroness Stern: I have another
much less complicated question, and it is to you, Ivan. In your
evidence you told us that CSCI, the Commission for Social Care
and Inspection, considers that about 20 per cent of the funding
from the Learning Disability Development Fund distributed to PCTs
has been diverted to general NHS funds. Do you have a view about
that and how can you exert your influence on funding that is meant
to go for one purpose to ensure that it does?
Mr Lewis: Which particular fund
is that because I need to be clear?
Q179 Baroness Stern: The fund is
the Learning Disability Development Fund distributed to primary
care trusts.
Mr Lewis: That will all be transferred
to local authorities in the future on the basis that we should
be focusing on a social model, not a health model, but also the
evidence is that that is more likely to be spent on the purposes
that it is meant to be spent on. All of that will become the responsibility
of local government.
Baroness Stern: That is a very helpful
answer. Thank you.
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