Bubb – please please don’t go off on another institutional route – show that you can listen

I was amongst many others i think who were fairly horrified to read the blog of Sir Stephen Bubb, CEO of ACEVO following being asked by Simon Stevens to head up another group – this time one to “co-commission between the voluntary sector and the NHS”. It says little for Simon Stevens that he thinks the ACEVO represent the voluntary sector – as the title says it’s the CEO’s it represents. Even worse it appears he draws in the great and good – CEOs indeed who over breakfast draw up a plan which seems purely to be for them to deliver potentially more of the same. So his trusty right hand man draws up a plan…. this is before anyone else is involved. It’s shocking as it would seem that not only he has no idea how to engage with the people who know, but neither do these CEOs if they think it is OK to draw up such a plan….. which talks about buildings and 10 years. I appreciate that for some there won’t be a quick fix and transitions need careful planning BUT it needs the skills – and housing shouldn’t be an issue if it is recognised that most of the problem relates to the lack of NHS specialist support in existing services. We have providers of all sorts who are supporting people who challenge – they will need the time to assess and plan for individuals, recruit and train at the right level. I never thought it was a quick fix but you don’t fix it this way!

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So I “commented” as below on his blog but it never got printed – so here I am doing it myself and I’d welcome others’ views – some of them have got onto his page! So I said:

Could you start by asking people who know – like Sarah mother of Sparrowhawk and others she’s in touch with; like ChangePeople (see Philipa’s comment above) who’ve been working with Europe on closing institutions and had a great conference recently “Our voices, our Choices, our Freedom” run by and for people with learning disabilities; like Housing and Support Alliance who produced “There is another way” showing how people who’ve challenged can be supported well in the community and develop good lives; like Respond who understand the damage that institutional abuses have done and what helps; like training organisations such as PRT who’ve been working for many years with Positive behaviour management; like looking at Jim Mansell’s publications; like learning from history – what about the King’s fund “Ordinary life” and the N/West Regional Health Authority’s Model District Service which successfully resettled people into ordinary housing in the community and put money and training into community services. (This included a “challenging behaviour service” which would go into a crisis and hold things to find solutions – before the multiple reorganisations of Health decimated the services so they don’t exist in many places if at all) Should we be surprised to find behind our backs the growth of the industry making profits too out of the poor commissioning that hasn’t ensured local services include people (such as mental health services – allowed to get away with not making reasonable adjustments)? And what about the unintended consequences of local authorities having to pay for community placements (which can be very expensive relatively to other placements but cheaper than assessment and treatment units ) whereas health (not commissioning much for learning disabilities) pay for “hospital services”. We need some structural change on funding to make a properly planned community service happen – and in the context of the huge cuts many LAs have had and are having, it’s a nonsense to expect them to pay for what should be funded by health – but commissioned with experience and understanding of what works. We do have experience in the community but there needs some reinvestment which will save money in the end. For goodness sake don’t start building yet more buildings – get the expertise in to help develop a properly thought out plan – not one regurgitating the same old building-based solutions. How could you develop a plan without looking at history, understanding where the expertise lies? And with respect it’s not in the top CEOs of large nationals. You should start with the families and people with learning disabilities who know and have the experience to help, and maybe see if you can talk with people who did it into ordinary housing (not models but a range of provision that changes with changing needs) and who have worked for years with people who challenge and have been through institutional abuses and experiences. As a starting place to a plan why not look at the model suggested by the CaFS released yesterday on their website – it’s informed by some providers who know but also closely drawing on service users and carers http://www.campaignforafairsociety.com/2014/07/call-to-action-on-winterbourne-3000-people-rising/ But please please don’t go off on another institutional route – show that you can listen and start differently and don’t allow a shuffling of the cards so we see a prolonged building and rise of yet more institutions.
They are not the answer

Rosemary Trustam – Community Living magazine

PS – I wonder how the NHS and ACEVO CEOs working together will ensure joined up local services with LAs? I wonder what they think about being left out too? It makes little sense when the structural problem is the NHS only thinking in terms of medical models and building-based services. People have got to stop being partisan and gather round the individuals and families, but also government has to look at how they can help this to join up. The situation is wasting people’s lives and damaging them. It is urgent to do this properly.

original story cited from http://rosemarytrustam.wordpress.com/

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Will the Mental Capacity Act now have sharp enough teeth?

At the start of his career, Andrew Holman was astounded at how people who lacked capacity were left in legal limbo. Forty years later, he is still waiting for things to move on. Will the House of Lords’ report focus minds on the need to sharpen up the Act?

Forty years ago I couldn’t believe it when I went with someone to hospital as a carer and they asked me to sign consent papers as they were unable to sign for themselves. The paper had to be filled in because it was a procedure so there seemed nothing else for it.

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When I looked into the matter I was astounded to discover that when someone couldn’t make a decision for themselves, no one else could legally make it for them – they were in effect left in a legal limbo. The hospital papers were, of course, utterly meaningless but nothing would happen without a signature – whatever the status of it!

Experimentation

In the 1990s I was involved in the lengthy consultation processes on draft ideas from the Law Society and, later, the Law Commission. Penny Letts from the Society and I wrote numerous articles for Community Living on the subject and a quick search through my notes from 1995 highlighted my concerns. These included:

  • bioethics, with regard to experimentation on ‘those who could not consent’
  • the place of Direct Payments for those seen as unable to consent, and
  • the disappearance of advocacy from the Law Commission report 231 on Mental Incapacity.

In 2005 the Mental Capacity Act was passed and, although not perfect was, I hoped, far better than the void we had had before.

Few disagreed with the overall objectives of the Act which I summed up in the EasyRead version as:

  • we should always think someone can make their own decisions unless it has been shown they cannot
  • people should have support to make their own decisions
  • people who might not be able to make their own decisions have rights
  • people have a right to make decisions that others might think are not very sensible
  • if a person cannot make a decision for themselves, the people making it for them have to think about what’s best for the person
  • a person’s wishes and feelings should be thought about in any decisions made for them
  • people should be kept safe if they can’t make a decision.

But the proof, as they say, is in the pudding and after seven years of operation the House of Lords decided to look at how well it was working.

The Lords’ Committee consulted far and wide and received a huge amount of evidence from both people and organisations. They even visited a couple of self advocacy groups for good measure. What they found exceptional was the consistency of reporting the same problems.

This law was meant to change people’s lives yet, after 20 years of work, evidence was reporting:

  • lots of people and services do not follow the Act
  • many services think people can’t make decisions when they can
  • they do not check to see if someone can make a decision·
  • the checks that are done are not very good
  • people do not get support to make their own decisions
  • health services still think they know best for people they think cannot make their own decisions
  • care services want to be safe, they do not let people take risks or do things differently
  • sometimes services say people can make decisions as an excuse to leave them without support or with bad care
  • some professionals don’t know about the MCA or how to work in this way
  • the Deprivation of Liberty Safeguards (DoLS) are not working at all well
  • too many people don’t know enough about the MCA.

The Committee makes 39 recommendations, the most prominent being the formation of a new independent body responsible for the oversight of implementation.

The MCA has lacked teeth and needs a central body that can promote the Act, its principles and ways of working, have a clear oversight of implementation and address problems as they occur.

Major flaw

The other major flaw is DoLS. This was  added on after the controversies of people being locked up for treatment when they couldn’t consent and others close to them didn’t agree. The Committee insists a major rewrite is required. I couldn’t agree more.

An area that, surprisingly, has been given little attention is the function of commissioners. An example of anecdotal evidence was the commissioner who asked a new support provider in south London if the support mentioned, to aid communication for people with severe learning disabilities, was optional because, if it was, he would not buy it. Such an action would clearly be against everything the MCA stands for.

I have come to the conclusion that commissioners are at the heart of a lot of what has been going wrong. They have a responsibility for the services they buy yet consistently let people down. It is they who pay for people to go to units like Winterbourne View and who have repeated their mistakes ad infinitum. Of course, others at government level are also responsible but devolution of responsibilities to local levels meant inactivity.

Disarray

The CQC, who should have flagged this up, were in disarray at the time. But the CQC did not, and still does not, have a responsibility to check commissioners. Commissioners are left to their own devices, although a system of ‘peer support’ is now in place – a case of the blind leading the blind.

Apart from this omission I feel the committee has done a good job. They flag up the importance of information for people and better access to better advocates. They are clear the Court of Protection needs more staff. I suspect they have been drastically cut in the recent purges and need their own website but this would be against government policy to have just one website for everything, no matter how complicated.

Another of the financial cuts they are critical of is the reduction in legal aid for people unable to speak up in court.

There have been several recently enacted laws which are a response to public pressure rather than need. It is easier for government to get people off their backs and say they will legislate to put a problem right rather than help people use existing laws with increased support and legal aid. An example is the MCA law on the protection of vulnerable people. There have been remarkably few people charged with this offence – even the staff at Winterbourne View were charged with other offences. We should ensure this law is keeping people safe and, if not, change it for something that will – or scrap it altogether.

Gather dust?

The work of the Lords Committee is finished and the fear is their report could gather dust, especially in an election year when the focus will certainly not be on the votes or rights of people unable to make a decision themselves.

Fortunately there is a government group, the MCA Steering Group, that may be able to follow up the issues raised and make sure something is done to move things on from the nonsense I saw when I started my career that seems to have remained the same now it’s coming towards the end!

Andrew Holman is Director of Inspired Services

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How to challenge ESA decisions

It is almost always worth considering challenging decisions on ESA claims and reassessments when someone is unhappy with the outcome, says Charlie Callanan.

It is now widely accepted that the current approach to reforming out of work sickness and disability benefits has achieved few of its objectives. Every day, more and more people are failed by a system designed to support them.

This is the introduction to a research report* from Spartacas, an informal network of disabled and chronically ill people, strongly criticising the assessment and decision-making regime for employment and support allowance (ESA).

The report is partly based on evidence from 1,200 consultation responses from sick and disabled people who have experienced the ESA claim process. It argues among other things that the ESA assessment does not accurately reflect the ability of sick and disabled people to take part in work activities and makes detailed suggestions for an alternative system. ESA can be paid to people with a disability or illness who have limited capability for work and/or for work-related activity.

Limited capability
The report points to the success rates for clients being found by appeal tribunals to have limited capability for work as evidence that the system isn’t working properly. Ministry of Justice statistics for ESA appeal tribunals show that ESA decisions from Jobcentre Plus were overturned in the claimant’s favour in 42% – 45% of appeals during 2013.

The Jobcentre Plus decisions that a claimant is likely to challenge include either being found fit for work, and so not entitled to ESA; or that they are entitled to ESA but must take part in ‘work-related activity’, such as attending meetings with a personal adviser.

If a client is not happy with a decision on their ESA claim they must first request a ‘mandatory reconsideration’. If the client is still unhappy with the decision following the reconsideration they will have to then submit an appeal. This must be sent direct to Her Majesty’s Courts and Tribunals Service. Ideally the appeal application should be made on form SSCS1, although a letter can be accepted. A reconsideration or appeal application has to usually be received by the relevant authority within one month of the decision being challenged.

Note that if the claimant’s challenge is against a decision that they are fit for work, then a medical certificate – or a ‘fit note’ – from a qualified medical practitioner is required throughout the reconsideration and appeal process.

It is normally in the best interests of clients to attend an oral appeal tribunal hearing where she or he can explain to a panel their personal circumstances and how their disability affects them. If an oral hearing is not requested the tribunal will make a decision based on the papers available about the case, including any additional evidence.

A client or their representative should gather additional evidence during the ESA appeal process. For ESA the most important information is likely to be medical evidence from a hospital or clinic specialist or from their GP. But non-medical evidence can also be relevant such as a diary from a carer or a letter from a social worker.

Relevant evidence
It is important that the evidence is relevant specifically to the issues under dispute in the appeal. If the client is arguing that they have limited capability for work they should ask a medical practitioner such as their GP to provide a letter. This should include details of their health conditions, treatment/medication, and most importantly some comments about specific physical and/or mental/cognitive descriptors from the work capability assessment, and how these may apply to the client. Or if the client is arguing that they meet either the ‘exceptional circumstances’ or can be treated as having limited capability for work, the doctor should be asked to comment on this.

Please note that the evidence given must relate to the client’s circumstances on or before the date that the original decision was made, not on the date when the evidence is provided.

The earlier that the evidence is submitted during the process the better because Jobcentre Plus can change the disputed decision in the claimant’s favour at any point during the appeal process.

If your client attends an ESA appeal hearing they can take a representative, eg a welfare rights adviser and/or another professional or a carer or relative. However, the panel – one judge and a doctor – will need to ask your client direct questions about their disabilities and how these affect her in relation to the criteria laid down in the work capability assessment. The hearing is relatively informal and the client and any representative will be given a chance to speak after the panel has completed its questions.

Where an appeal is successful any arrears owed will be paid back to the date of the relevant decision.

Flawed process
As the Spartacus Network have argued the ESA assessment process is flawed and poor decision-making on ESA claims is likely to continue. However, the appeal statistics highlighted in the report serve to remind clients and supporting professionals that it is almost always worth considering challenging decisions on ESA claims and reassessments when someone is unhappy with the outcome; and to get detailed advice and representation where required.

* Beyond the Barriers: a Spartacus Network report into Employment Support Allowance, the Work Programme and recommendations for a new system of support (April 2014)

Links
spartacusnetwork.org.uk/index.php/esa
disabilityrightsuk.org/employment-and-support-allowance-overview
disabilityrightsuk.org/appeals-and-mandatory-reconsideration

Charlie Callanan is a welfare rights adviser with over 15 years experience in the charitable and statutory sectors.

Why the Mental Capacity Act is not working

Recent legal cases are forcing authorities to review their practices under the Mental Capacity Act. It is becoming apparent that many are unaware of their responsibilities, says Belinda Schwehr.

The conclusion of the recent scrutiny of  the Mental Capacity Act by the House of Lords’ Committee was that the Act is not ‘working‘.

The evidence presented showed that the Act has not been well implemented; the processes required by the Act are not widely known and have not been adequately or consistently followed.

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However, three cases concerning the issue of care home care vs. care at home, for people losing or lacking capacity, have been forcing awareness of the MCA on a reluctant health and social care sector. These cases also have significance for some people with learning disabilities and their relatives.

In RGS (No 3), RGS suffered from vascular dementia. He had been living in his own home until he was admitted to hospital and subsequently moved into a care home. Legal proceedings had ensued with allegations of neglect and self-interested interventions by RBS, the adult son, in his father’s life. After a best interests finding that he should live at a particular care home RGS was then assaulted three times by a fellow resident, who was ultimately removed from the home. The Court felt it should review the arrangements.

The son argued that his father passionately wanted to return home and that the Council should pay for home care until compensation was awarded to the man for unrelated flooding issues.  Yet all independent visitors to the home stated that RGS was content where he was and that he had not expressed any wish to live elsewhere; they felt that transferring him to a different environment would be likely to make him more agitated.

The Official Solicitor and the Council were satisfied that the home was now safe for RGS and other residents. The Court accepted that the very clear balance of the evidence indicated that it continued to be in RGS’s best interests to reside there.

The judge said: There is no practical alternative. He suffered neglect at home. His son’s actions would make a home care package unsustainable even if it was affordable. The financial feasibility of a return home was explored in 2013 in deference to RBS’s wishes. It was not feasible. The position today is the same. If W Cottage is not sold, RGS has debts which cannot be met, of £199,908 (much of which ironically and tragically relate to his son’s actions). Therefore, W Cottage must be sold. The Official Solicitor was correct to say that the option of residence at W Cottage is ‘not remotely affordable’ even if it was otherwise feasible. It is not appropriate for RBS to be appointed as his father’s deputy for property and affairs, in place of the county council. The conflict of financial interest is too great and his previous unauthorised dealings with his father’s assets make this impractical.

 

In the next case involving Westminster City Council, Manuela Sykes,* an ex-Labour MP suffering from dementia, had been deprived of her liberty in a care home under a DoLS authorisation. On numerous occasions she expressed a wish to return home, where she had lived for 60 years.

Ms Sykes had appointed an attorney for property and affairs who supported her objection to residential care. She had stated in her Lasting Power of Attorney that ‘…I would not like my attorney to sell my property. My wish is to remain in my own property for as long as this is feasible’.

The local authority’s evidence was that Ms Sykes would not accept care; she had altercations with her neighbours and others; she self-neglected; her living conditions were unhygienic; she had lost a significant amount of weight; she had been found wandering and had a lack of awareness of her own personal safety.

The local authority submitted that if 24-hour care and supervision at home was a practicable alternative, the woman would not be able to finance it for more than a few months. She had no spouse or children or any willing and able volunteer to offset the cost.

Limited resources

The local authority said they could not afford and would not fund such a package of care given that residential care was appropriate to meet her needs. It argued that it was for local authorities, not judges, to decide how to allocate their limited resources.

With MS’s continued opposition to the nursing home, despite the DoLS, the local authority sought the Court’s review of the standard authorisation.

The judge concluded that all the standard authorisation requirements were met. With her short-term memory lasting less than a minute, MS was unable to retain and weigh the information relevant to the decision and thus lacked capacity.

The judge also agreed that MS was being deprived of her liberty as a matter of law and stated:

MS is readily given permission (leave) to go on outings with her friend RS, and the routines at the Nursing Home are benign… However, it has not been argued that she is not deprived of her liberty, or that she is simply residing there in the same way as someone subject to guardianship under the Mental Health Act. This is because of the strength of her objections to living at the nursing home, the fact that she is effectively prohibited from even visiting her own home, that it will be sold and she will have to live out her life in residential care, unless the standard authorisation is lifted.…Patently she is not free to go home or visit her home and the state claims legal power to control her liberty and movements indefinitely, not simply to define a place of residence for her; therefore she has been deprived of that usual liberty which the rest of us enjoy. No aspect of her liberty of movement remains under her own control.

The judge met Ms Sykes at the nursing home and undertook a carefully considered analysis of her best interests. In his view, it was in her best interests for a one-month trial period at home to be attempted, the local authority having been persuaded to agree to put in place a transitional plan.

This shows that even if all the thinking behind a DoLS has been done correctly, one is still able to challenge the authorisation and have the Court of Protection make a decision of its own, not merely a review decision, about best interests. It also shows that the Court had long since accepted that Cheshire West could not stand, even before the Supreme Court issued its decision restoring a rigorous approach to the question whether the relevant regime constitutes deprivation of liberty.

Breaking down

The acknowledged risks of the care package breaking down identified by the Council were outweighed by other reasons.

If a trial is not attempted now the reality is that she will never again have the opportunity to live in her own home. Her home will be sold and she will live out what remains of her life in an institution. She does not want that, it makes her sufficiently unhappy that sometimes she talks about ending things herself, and it involves depriving her of her liberty.

The judge also noted MS’s Lasting Power of Attorney (LPA) in which she indicated a wish to remain in her own property for as long as ‘feasible’ and in general that she prioritised quality of life over the prolongation of life.

This case chimes with KK v STCC in which an unwise decision to refuse residential care was upheld as the judge ruled that the lady concerned was not incapacitated. The Council’s staff had not acted compliantly with the MCA and been open and up-front about what they would offer were the lady to be adamant in her refusal of care in a care home. The judge there used the words ‘all practicable support’ as the notion of what was open to and necessary for a council to acknowledge that it would still provide in those circumstances.

In this case, the concept of what is practicable was explored in the context of a person who has her own means to pay. If people stay at home for as long as possible and pay for the necessary care themselves, they can hardly be said to have deprived themselves of their assets to avoid paying for care because it will be care they’ve spent their money on!

This case makes it impossible for councils to say that the relative cost-effectiveness of residential care and care in one’s own home is the ONLY determinant of the legitimate options to offer to a person in this situation; or to say that they can determine what a person should spend their own money on, if they have appointed an attorney.

Ms Sykes has indeed had a great influence on the prospects of preserving personalisation and choice, in adult social care!

In the third case, UF had moderate vascular dementia. After detention under Section 2 of the Mental Health Act, she was placed in a care home under DoLS provisions. The best interests assessors in their reasoning had had regard to the longstanding and current disputes between UF’s children.

UF’s daughter (‘D’) was of the view (having seen her mother on a regular basis) that her mother had the capacity to reach the relevant decisions and reported that her mother had expressed to her in strong and worrying terms that she did not want to be at the care home. In her view, her mother would be much better placed back in her own home with an appropriate care package.

But UF’s other children felt that it was in their mother’s best interests to remain in the care home.

Inappropriate

Applying Rule 140 of the Court of Protection Rules, the judge found it was inappropriate for D to act as UF’s litigation friend as, on the evidence, she had apparently been unable to take a balanced and even-handed approach to the issues. The judge held that this was a case that required the independence of the Official Solicitor to address both UF’s capacity to litigate and her ability to make the relevant decisions.

In this case, there were siblings with a consensus that their sister was not acting objectively, as opposed to a holder of an LPA who had been given specific requests not to spend the money on care home care, by the donor – and in the RGS case, a son with a history of dubious interventions.

In Sykes, a trial period back home was ‘offered’ by the Council under pressure from the Court, and this meant that the DoLS order was shown to be unjustified; in RGS, the judge was clear that there was no way the father could be said to be better off, under the care of his son – whereas here in UF, with warring siblings and no one of them with any higher authority than any other, the evidence was finely balanced. So a way had to be found to continue the judicial authorisation of deprivation of liberty, without defeating the person’s right to legal aid.

*The Press had made application for permission to name MS in press reports. The judge decided that lifting the usual veil of anonymity was appropriate. “MS’s personality is a critical factor. She has always wished to be heard. She would wish her life to end with a bang not a whimper. What she has done with her life indicates that she has always wanted to be ‘someone’, to have influence. Realistically, this is her last chance to exert a political influence which is recognisably hers – her last contribution to the country’s political scene and the workings and deliberations of the council and social services committee which she sat on.”

Who is responsible for compliance with the Act?

Who is responsible for compliance with Human Rights rules, or the national Choice Direction for care home placements, or the public law principle that written reasons should be given for any council’s refusal to find someone eligible?

These are all principles already clearly enshrined in the public law of adult social care but they are not taught on social work college courses; they are not part of fitness for registration as a provider, and they are not used as a medium for discussions with alleged perpetrators of adult abuse (who are often best interests consultees as well, being highly interested in the welfare of the alleged victim) and are often unknown, even to senior managers.

The people responsible for respecting these principles are individual professionals, Boards and governance officers in all public bodies throughout the NHS and social care; the College of Social Work in its curriculum requirements; university lecturers, the CQC and other professional regulators, SCIE, Skills for Care, ADASS and all local authority lawyers and advocates, deputies and attorneys.

However, the Lords Committee’s preference was that overall responsibility for the Mental Capacity Act should be given to a single independent body, to make an annual report to Parliament on the progress of its activities – not acting as a regulator or inspectorate but working closely with all such other bodies…

The Committee found that the government’s Mental Capacity Act Steering Group was a welcome first step in this direction and recommended that it be tasked with considering in detail the composition and structure of the independent oversight body and where this responsibility would best be located.

Is more dithering really the best that England can do, faced with widespread disregard of mandatory legislation? To date, judges seem to be doing far better for incapacitated people dependent on social services funding and arrangements than the Department of Health and other sector leaders.

What hope is there for proper implementation of the Care Act if the sector embraces only the cheapest, most basic form of training for April 2015, merely facilitated reading of government guidance itself written, like the DoLS Code, to obscure that it is LAW that underpins best and necessary practice and policy?

Belinda Schwehr is a trainer and consultant in Care and Health Law. Her website offers a FREE option of getting news and developments in ten legal and policy issues. Go to: www.careandhealthlaw.com

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Service users and management can learn from each other

Everyone benefits when people have the opportunity to express their ideas to management. Rosemary Trustam was invited to join a group of Real Life Options‘s service users and support staff on a course about the different working elements of the agency.

Despite the cuts, some providers are making good efforts to develop the voice of their service users and give them real influence on the service. For example, quality checking with Paradigm’s REACH standards are being extensively used across services (www.paradigm-uk.org) and, more recently, Southdown’s Q-Kit, a quality checking tool they have devised in association with people with learning disabilities, is being offered to outside organisations with training for service users (www.southdownhousing.org).

Many organisations have embedded service users in the recruitment processes on formal interview boards, training and, more recently, appraisal systems. Real life Options (RLO) decided on a bespoke model to involve service users and staged an eight-week course in two different locations run by an independent external facilitator Susan Harris (of Susan Harris Associates) and supported by a graphics recorder Kath Broomfield.

Stimulated

I was delighted to be invited to join one group of RLO service users and support staff at the end of their course in Derbyshire. Initially, they had had workshops with each member of RLO’s Senior Management team to understand the different working elements of the agency; the one with Anthea Sully, Head of Public Policy, had stimulated the group’s interest in external public policy and voting.

Each participant had developed their own graphics-recorded profile and identified skills and interests on which to build the work and decide on personal aims to improve skills and build on their strengths. The team had looked at what they would like to influence and how. Sharing their individual profiles had helped the team develop as a group and work out ideas for action.

When I arrived they were putting the final touches to their show in which they were going to present requests to the Senior Management team. Tony Walker, the shyest member of the group, had a particular interest in newspapers and the group used these to explore different ways of presenting their ideas. They included recycling, shredding for the organisation, making fire fuel briquettes and designing paper handbags. The folded newspapers when designed and decorated made robust, attractive accessories’ made robust, attractive accessories. These were displayed and modelled by the team dressed in black or plain colours to set off the bags. David Griffin, a natural star, got into the spirit of the modelling, shimmying along to the music. Other stars included Dan Morrissey, sporting a pink wig, and Andrew Must.

Chief Executive, Brian Hutchinson, and Director of Human Resources and Operations, Tony Pearson joined the catwalk bewigged in luminous pink and yellow hair and ‘fancy dress’. The group judged the winning model as Tony Pearson who was presented with an award-winning handbag by designer Tony Walker.

The graphics recorded their prolific discussions and ideas relating to the different segments of the whole organisation’s work, from which they had drawn out their first ‘hits’. They had selected two areas to feedback to RLO’s senior management team. One was to develop a social enterprise for recycling using some of their ideas for newspaper and recycling. They asked for a small sum for the mould and press to make fuel briquettes. Brian Hutchinson suggested  they might like to ask for more, having seen the range of their enterprise ideas.

Influencing

More involvement in influencing staff recruitment, induction and training was the other idea, presented as a new staff induction evaluation form and feedback on practice observations. The scenario they acted out showed a new member of staff joining an established team keen to support the person with learning disability’s interest in going to a fair (he’d heard one was in the town the next evening). The established team said more notice would be needed as that evening was shopping night! The new staff member returned his form and the HR person picked up on this as an area previously reported and the need for some re-training.

Apart from the clear commitment shown by the attendance of the whole of the senior management team to hear service users’ ideas, what was striking was the confident way the group presented their ideas with every member of the service user group having a role which built on their strengths.

This approach built on people’s self-advocacy skills  by giving them a good understanding of how the agency worked. It focused on identifying and sharing their skills, interests and needs and using them in their action plan to increase their influence over the agency, both in one-off investments and ongoing involvements.

And everyone had fun!

 

For better, for worse – how Mark and Tracey’s relationship survived overwhelming odds

Mark and Tracey Drake got married in 1998 and recently renewed their marriage vows. Their commitment to each other has had to overcome trials and tribulations that would have caused division between many couples. Yet their relationship and loyalty to each other grew with every challenge. Andrew Holman recounts their heartbreaking story.

Mark and Tracey Drake renewed their wedding vows recently in the Baptist church in Colchester. As I was writing a short speech as best man I thought the story of our friendship warranted retelling. After the ceremony I travelled to Colchester to hear their story again and learn about their lives now.

I first met Tracey in the early 90s when I was supporting a group of people with learning disabilities to start a People First group in the town. Tracey’s energy was catching and I made sure she was asked to be involved in an advocacy development project for Values Into Action. This project had an impact locally when we took the council to judicial review about aspects of their service provision.

Through this involvement she met Mark at a People First meeting in London. Tracey had been going out with a local man. “He didn’t like people with learning disabilities,” she says. “He didn’t let me meet any of his friends in case I showed him up and he was always asking me for money”. She was being horribly used and abused.

Mark had been visiting Colchester more and more frequently but when they decided to move in together people expressed opposition to the idea.

Barriers

At the time Tracey rang me asking for advice and help. “My social worker didn’t like the idea and made threats if Mark didn’t go back to Croydon,” she recalls. Mark’s family were also putting up barriers. He says: “My carers said Tracey would pinch my money and leave me with nothing, even though I didn’t have any because they looked after it all for me”.

We hatched a plan which Tracey describes as ‘kidnapping Mark’ – I prefer to call it ‘helping a friend move house’. We drove down to Croydon one dark night when we knew not many people were around at Mark’s care home. Marks says: “They weren’t very happy about it but it was our right to live together if we wanted to”.

Tracey, Mark and I did more work together on various VIA projects. We made rights videos* and spoke at numerous conferences all over the country. Tracey was the first person with learning disabilities I knew to get a legal Direct Payment after the legislation came into force and I employed Mark to talk to self-advocacy groups to explain Direct Payments and how to benefit from them.

It was the summer of 1998 and I had a problem. Mark and Tracey were getting married in the same week Mark and I had been asked to speak at a large international conference in Holland. Quite rightly, Tracey didn’t want her new husband leaving her alone straight after the wedding. She remembers: “I liked your way around it – you borrowed your friend’s camper van and we all went away together. We made you go for long walks in the forest in the rain so we could have time together!” The conference was a success but I’ve never felt such a gooseberry.

Their thoughts turned to having a family and we talked long and hard about the added dangers parents with learning disabilities face. Lewis was born the following year with no care or support plan and little help from social services. As I feared, child protection did express an interest and a conference was called to put Lewis on the at-risk register. Tracey recalls: “It was all rushed as they were late starting, we weren’t allowed to talk and they didn’t really listen to you Andrew, despite all the work you had done in courts with parents with learning disabilities. We didn’t understand what was happening at all”. Nonetheless, the vote went against the social worker and a support plan was put in place.

My next visit was to discuss the possibility of Tracey going on the Jeremy Kyle show to talk about being a parent. “We wanted to show that it was possible for people with learning disabilities to be good parents”. I was firmly against the idea and instead we got a good documentary producer involved. We discussed the risks but they went ahead and the film, Unfit Parents?, went reasonably well apart from when Mark disappeared for a while. The public and professional reaction to the film was all positive.

Fears

They decided to have a second child. I was anxious and feared they would not be able to cope with two children and get the right support for them. Unfortunately, this time, all our fears came true. Tracey and Francesca, the new baby, were discharged from hospital late at night after Mark had been given a crash course in how to give the baby the medicine she needed. The following morning he had forgotten. Tracey tried to wake him but, as she explained: “He stayed in bed and wouldn’t get up to help. I was scared as I didn’t know what to do”.

When their support did arrive later that morning, Tracey said she thought she might have given the wrong dose. A quick check with the hospital confirmed this would, at worst, give her an upset tummy but asked for her to go down to see them.

After just 14 hours, Francesca was never to return home.

Tracey says: “All hell broke loose.  They called me an awful mother and said I didn’t know how to look after her”. The social services spotlight turned again on to Lewis and, to cut a long story short, their every action was spun negatively and he was lost to them as well.

“We should have had proper support to look after them ourselves”, Tracey says.

Francesca has been adopted and they are not allowed to know where she lives, although they have yearly contact and a Christmas card. Lewis is fostered locally and they see him quarterly. He still has the learning and behaviour difficulties that were blamed on their lack of parenting skills several years before.

Mark and Tracey are trail blazers. They have often had to rely on each other rather than services and have been able to help, support and inspire many others, even using their bad experiences to warn people about what could happen; for example, Tracey employed her neighbour as a carer without doing the proper checks. Before long they had been swindled out of £2,300 by people up to their ears in debt. This example made us aware of the problem of Mate Crime. It also showed that we needed to make sure vulnerable people on Direct Payments had better support.

I have always been impressed by Mark and Tracey’s commitment to each other. They have faced trials and tribulations, adversity after adversity that would have caused division between many couples. Yet their relationship and loyalty to each other grew with every challenge, strengthened by their starting to go to church. “We decided to get baptised. The church is very supportive and always there for us”, says Tracey.

I still have regular calls from Mark and Tracey with some new scheme or another. The one I enjoyed most recently was the invite to join them in renewing their vows in church – a great excuse to get the old Rolls out. “It was lovely to have everyone looking at us and waving. I felt very special”, recalls Tracey.

Asked if they would change or do anything differently, Mark says: “No, I’d do it all again” but Tracey admits she  couldn’t go through all that heartache, stress and worry of her baby being taken away again.

Horrible label

She says: “We feel let down and angry. People like us have a horrible label put around our necks. I’m not going to take it. If professionals don’t like it, that’s tough.”

I mentioned the many times I felt I had let my friends down when we haven’t got the support or result we wanted. But Tracey kindly said, “I think of you as a father figure – you and Yvonne (my wife) are like family and make us feel safe. I’ve never had that before.”

Andrew Holman is director of Inspired Services.

 

Standing up for families – the priority of Mencap’s new CEO

Jan Tregelles has kept a low profile since her appointment as Mencap’s CEO in January, concentrating on what she describes as a ‘complete re-engineering’ of the organisation. Seán Kelly asked her what this involved, in particular how she managed to reduce operating costs by £6 million. She admits she doesn’t seek the limelight but is prepared to step into it to stand up for people with learning difficulties and their families.

After almost a year as CEO and acting CEO of National Mencap Jan Tregelles accepts that she has kept a pretty low public profile.

“Yes,” she says, laughing, “but I have been very busy since January. This has involved what she describes as a  ‘complete re-engineering’ of the organisation, simplifying the governance structure and creating a new executive. She has also reduced staff in a number of areas and created new HR and Quality teams.

As an internal appointment Jan can lay claim to a good knowledge of the organisation. She first worked for Mencap in 1983 and re-joined it in 1997. She admits that in one sense her career has been narrow since she has always worked in organisations with people with learning disabilities but, within that, she says, she has covered a wide range, including personal support, management and housing. She feels she brings a good understanding of the issues and also, as she puts it, “how fashions change in learning disabilities”.

Most needy

Since her appointment Jan has created a new strategy which focuses Mencap’s work on the most needy, in particular, on the prime aim over the next three years of supporting families. She reminds me that two-thirds of people with learning disabilities are supported by family carers who often continue until they are elderly. She mentions one family carer who, at the age of 98, said: “Well, I have still got a couple of years in me but then I will need some help”.

Remembering old debates from the past I ask her how making family support the top priority has gone down with self-advocates connected with the organisation. Jan says there have been no negative reactions. “Reactions have been absolutely positive,” she says.

Mencap is concerned about the Children and Families Bill currently going through Parliament which contains an educational cut-off at 18. Jan says: “We all know what a tough application of that cut-off there will be”. Mencap has been lobbying for a later cut-off to help families with that transition.

The press release announcing Jan’s appointment said that in her previous role as Director of Personal Support she had increased the organisation’s business by £100million since 2002. I ask her how she had achieved this.  “The answer is having excellent services,” she says. It’s a good answer, simultaneously giving credit to front-line staff whilst promoting Mencap services and refuting any implication that Mencap might simply be good at tender-winning tricks. In fact Jan says that the majority of that increase has not been due to winning tenders but to organic growth, small-scale additions in hours or new placements which come in below the tender-threshold. I suggest that, nevertheless, Mencap must work at a competitive price and to my surprise she says simply £13.49 – the average charge per hour for a Mencap service across the country.

Jan is happy for this figure to be printed, saying it is effectively in the public domain already (but remember, you read it here first!). However, she does not want me to go away thinking Mencap will accept any work. “We will move out of an area if we need to, for example in  Cumbria. If we don’t think it can work properly we will give the contract back”.

Management overhead

I ask about cuts and Jan acknowledges that Mencap has had to make significant cuts, taking £6million out of their operating costs of £180million. The management overhead has been reduced from 10 to 7 per cent. Mencap’s Business Processing Centre helped the organisation identify and chop out anything that does not add value.

A long-term donor who gives Mencap a regular fiver wrote to her on hearing of her appointment, asking if he was now paying for her salary. Jan decided to ring him personally. “I told him I can’t justify my salary but I can tell you that every penny you send us is spent on something worthwhile, because we have cut out the things that weren’t worth paying for”.

Does Mencap use any external standards for quality assurance or any of the new systems for personalisation such as the increasingly popular ‘iPlanit’? No, she says. Mencap has created its own systems for both quality assurance and personalisation. She does not believe that external inspection can create quality if the team are not committed. “You can’t inspect quality in, you have to own it,” she says. Nevertheless, Jan is proud to point out that Mencap has achieved a score of 93.4 per cent in compliance with CQC’s core standards which means they are the second highest scorer in the country.

I comment that Mencap is involved in so many things – providing services, research, campaigns, representing people with learning disabilities, supporting families, etc. Doesn’t this sometimes confuse people about what the organisation is about? Jan feels that being involved in people’s lives over a range of areas is a strength. “We know how things affect people because we are involved in so many areas of their lives”. She also believes it is important for Mencap to run services.“It would be hard to criticise other services if we didn’t run them ourselves, within the available financial envelope”.

What is the main message Mencap is  giving to Government? “To avoid further financial cuts. We have said, keep the pounds that are currently there because unless you get it right for this group, you are storing up the cost of loss”.

On Winterbourne View Hospital and Assessment and Treatment units, Jan says:“We have made a very public statement saying we don’t think those units are right”. She remains concerned that, even though the Joint Improvement Programme now have a list of the 47 people who were at Winterbourne View, their current circumstances are not known.

Free service

Meanwhile, Mencap has been trying to identify where those people are now and has offered a free service to the Government to provide support for them. This has so far not been taken up. Jan says: “If we cannot get things right for those 47 people what chance is there for others?”

Mencap is currently working on a Manifesto which it will publish in early 2014 to show political parties what is needed. It will aim to speak for the needs of the 1.4 million people in the country and their families. They are hoping to partner with the NHS Confederation, charities and others, such as sports organisations. “Mencap is ready to partner with anyone who wants to come with us,” Jan says. She recognises that the Manifesto may not achieve all its aims but is promising herself a celebratory gin and tonic if they achieve one thing that will make things better for people with learning disabilities.

Although they are trying to model inclusion at all levels in the organisation Jan admits that people with learning disabilities are not currently involved in senior management. There is currently one trustee with learning disabilities on the Board of Trustees and another is being recruited. People are also involved in Tenant Forums, in the recruitment of staff and employed as journalists and campaigners like Ciara Lawrence (pictured with Jan). Trustees also receive surveys of large numbers of people with learning disabilities and of family members to inform them of issues. This sounded good but perhaps Mencap should consider in future having a regular mechanism for people using services to access the Board directly.

Mencap recently launched a £10million bond to raise investment money which the charity can use for housing. Investors get an annual 4 per cent return, as well as helping a worthwhile cause. Did Jan think this was a risk for Mencap? She says, “No, it is based on a tested model of housing. We understand the risks involved”. The bond provides housing money that would not otherwise be available. “We have to find new ways. The money is not in the system and we don’t have it”.

Being CEO of Mencap, Jan says, is her dream job. I comment that Mencap has ensured it has a new CEO who really knows about the organisation and people with learning disabilities. Jan replies enthusiastically: “Yes, my career has completely been with people with learning disabilities. I am passionate about learning disabilities and about what you can achieve in this role. I mean to use it to achieve things for people”.

Ordinary person

She adds: “I am an ordinary person. I live in Hackney. I shop at Lidl’s. I don’t seek the limelight but I am prepared to stand up for this cause”.

It’s been a tough year for Jan as she sets the house straight but she will soon be stepping into the spotlight to stand up for people with learning disabilities. That would be something for everyone to celebrate with gin and tonics!

On 19 November in the House of Lords, Baroness Boothroyd raised the following question: What progress has the government made in implementing the assurances to the victims of abuse at Winterbourne View Hospital, set out in the Department of Health’s report Transforming Care?

Seán Kelly was until recently CEO of the Elfrida Society. He is now a free lance writer and photographer.

New rights under the Care and Support Bill

For the first time, carers will have rights to funding and there will be funding for independent advocates. But the crucial question of eligibility may mean many people with moderate needs will fall outside the system. Belinda Schwehr explains

Three aspects of the Care Bill under the spotlight at the current time are: rights for carers, rights to funded advocacy and eligibility.

Rights of carers

Carers willl have the right to funding for services for the first time.  The local authority where the person resides will be the liable authority and the carer will have to be assessed and judged to have eligible needs for support.

The ‘regular and substantial’ test for who is a carer has been removed with the focus placed more on the difference the input makes for the cared for person. This will end the debates about who is and who is not a carer but is of little use if you are not regarded as eligible but do not feel able to stop caring. Carers can still refuse to care, of course, if they are not assessed as eligible but the reality is that most carers want to care and see it is as their duty.

The carers’ draft eligibility criteria make good sense and will mean that carers will be positively incentivised to care by being given something that does not count as a benefit and which relieves them of other obligations in their own households, such as cleaning.

The way the factors relevant to the council’s consideration are stated treat work, education and recreation as pursuits that must be seen as critical to valuing carers as citizens. But of course the law will not determine how much work, education or recreation it is legitimate to want to do, if the carer has a relative or spouse in need.

[su_quote cite=””]Many councils are reported to be investigating once again ‘family therapy’ styles of social work practice drawing on systemic and intervention theories but it remains to be seen if this sort of approach can be melded with what will have to be a more rigorously legalistic approach under the new legal provisions.[/su_quote]

The Bill says:

Where it appears to a local authority that a carer may have needs for support (whether currently or in the future), the authority must assess:

(a) whether the carer does have needs for support (or is likely to do so in the future), and

(b) if so, what those needs are (or are likely to be in the future).

This section includes references to providing practical or emotional support.

A carer’s assessment must include:

  •  whether the carer is able, and is likely to continue to be able, to provide care for the adult needing care
  • whether the carer is willing, and is likely to continue to be willing, to do so
  • the outcomes that the carer wishes to achieve in day-to-day life
  • whether, and to what extent, the provision of support could contribute to the achievement of those outcomes
  • whether, and if so to what extent, other matters (including, in particular, the carer’s own capabilities and any support available to the carer from friends, family or others) could contribute to the achievement of those outcomes.

Eligibility criteria

A carer’s needs meet the eligibility criteria if the effect of those needs is that any of the circumstances specified in the Bill apply to the carer, or are expected to apply at an identifiable point in the future.

A carer’s individually enforceable rights arising out of eligibility will be made out in the following situations:

(a) the carer is unable or unwilling to provide some of the necessary care to the adult needing care; [or]

(b) as a consequence of providing care, the carer is unable to carry out some or all basic household activities in the carer’s home (whether or not this is also the home of the adult needing care); [or]

(c) as a consequence of providing care, the carer’s physical or mental health is, or is at risk of, significantly deteriorating; [or]

(d) as a consequence of providing care the carer is, or is likely to be—

(i) unable fully to care for any child for whom the carer is responsible

(ii) unable fully to provide care to other persons for whom the carer provides care, or

(iii) unable fully to maintain other family or personal relationships, [or]

(e) as a consequence of providing care, the carer is, or is likely to be, unable to obtain or remain in employment, education or training;

(f) as a consequence of providing care, the carer is unable to access necessary facilities or services in the local community; or

(g) as a consequence of providing care, the carer is unable to participate in recreational activities.

Costs arising from these changes are estimated to be in the region of £150 to £175 million per year.

Rights to funded advocacy

The Government has decided to provide independent advocacy for those who would struggle to navigate the social care system alone.

Campaigners have pressed for a right to advocacy since the Bill was introduced to Parliament in draft form last year.

When the Bill becomes law, local authorities will need to ensure funded independent advocates are available for the most vulnerable in the same way as at present they are for people who lack capacity (although current funding is patchy).

Advocates ought to be able to ensure that people’s voices are heard, that they won’t have to face the often intimidating and complex process of council assessments alone, and that they get the care they need when they need it.

Counselling and advocacy are to be made into social care rights as a service response for anyone found eligible – ie chargeable social care services –  posssibly as a means of helping a person to access something due from someone else like health, or housing – and thus reduce their eligible needs.

It will be interesting to see if the sector believes that there will be a fundamental difference between this sort of advocacy and brokerage and whether the two sorts of services can be operated by one organisation.

Dilnot concerns

The most recent papers from government on implementing Dilnot (September 2013) assure us that those with needs for care and support by the time they are 18 will not have to pay for their care, ever in their lifetimes, regardless of what they inherit or win on the lottery as it is assumed they will have had no opportunities to amass savings. They will not pay out of earned income, though the position is not clear for those on benefits. Presumably they will need to be left with the same level of benefits as the charging system will leave others with. This will make inheritance planning much easier for those with offspring with learning disabilities, but could make them more vulnerable to abuse.

Eligibility

What all critics are saying now is that it is not necessarily the cap or the threshold or the approach to living costs that are excluded from the cap that matters for the success of the Dilnot approach but something much more pressing.

‘The critical question is not how high a cap on care costs should be, but whether their needs are even deemed eligible for support‘  (Brawn et al 2013).

The cap and extended means test will be irrelevant if people with moderate needs fall outside the public system. As the number of people with care and support needs continues to grow, the level of unmet needs will rise too, and the system will become even more reactive and crisis-driven.

Interpretation is an unruly issue as well. The 2012 report of Melanie Henwood Associates, commissioned by SCIE, said this: “There are considerable variations not only in models of assessment, but also in practitioner interpretation, behaviour and understanding. The particular values and beliefs held by individual social workers, for example, can make a significant difference in practice to their approach to assessment and the outcomes achieved for individuals. There is considerable research evidence on people trying to ‘do their best‘ for clients by ensuring that they assess their needs in a way that will ‘get them over the eligibility threshold’; other practitioners may be concerned to protect budgets wherever possible and may interpret eligibility more restrictively. Any change of assessment tools and methodology would therefore bring major training and workforce development implications, and the introduction of standardised tools and thresholds would not in itself be sufficient to ensure consistent outcomes”.

Many councils are reported to be investigating once again ‘family therapy’ styles of social work practice drawing on systemic and intervention theories but it remains to be seen if this sort of approach can be melded with what will have to be a more rigorously legalistic approach under the new legal provisions inevitably in the spotlight in the first couple of years of implementation.

The draft eligibility criteria have been discussed around the country in a programme of consultation events run by the Department of Health. This consultation ran until 29 November 2013 and a further version of the criteria will be published for public consultation in spring 2014, with a view to the final version being implemented by local authorities from April 2015. The estimate for the additional cost of moving all LAs to the new eligibility criteria is around £23 million per year.

The Care and Support Bill is expected to have its second reading debate on a date to be announced. It completed its House of Lords stages on 29 October 2013 and was presented to the House of Commons on 30 October 2013. This is known as the first reading and there was no debate on the Bill at this stage.

Supported employment works – so let‘s have a workable strategy

The Government has signaled its support for the principles of supported employment and its willingness to work with local authorities. This enthusiasm needs to be matched by local authorities, NHS trusts and further education colleges collaborating to continue to invest in high quality local support, says Huw Davies. 

Action to help disabled people into work is urgently needed. Employment rates for adults with moderate to severe learning disabilities hover stubbornly around the 7 per cent mark though this varies considerably with rates being significantly lower in the north. For adults who use secondary mental health services, the rate has improved to around 9 per cent while around 15 per cent of people with autistic spectrum conditions are said to be in work. The latter is an unofficiaI estimate as nobody collects figures.

It is encouraging that DWP seems open to new ideas about how best to support people with disabilities into work. Off the record, they are saying that the way they commission employment services isn’t working and they want to better understand what works.

Cross-Government review

We are currently going through a cross-Government review of the disability employment strategy, a process that began in early summer but isn’t officially a full consultation. The review follows on from Fulfilling Potential, published in September 2012, which sets out the Government’s approach to supporting disabled people to “fulfil their potential and play a full role in society”.

This was followed by Fulfilling Potential: Building a deeper understanding of disability in the UK today, a document that analyses the data around the current experience of people with a disability in the UK. We’ve also had Getting in, Staying in, Getting on, Liz Sayce’s report of specialist disability employment support and Raising Aspirations, Rachel Perkin’s review of mental health and employment. Both sought to identify what works before making recommendations for action.

As CEO of the British Association for Supported Employment (BASE) I am uncharacterically optimistic as I think DWP finally understands that employment support is complicated and that a generic approach will not suit everybody. There is a recognition that different approaches are needed for different customer groups and that within these groups there are individuals with a diverse range of needs.

The starting point has to be a deep understanding of what works best for whom. We know that many people require light touch support. They should be supported by mainstream services because their impairment requires fairly simple adjustments and facilities. And yet the experience of profoundly deaf people using their local job centre is not a happy one. BSL interpreters are routinely unavailable and the system unintentially discourages their engagement.

In theory, there is no reason why the mainstream shouldn’t be able to offer more individualised support to people with a disability. This was the idea behind the use of differential payments within the Work Programme. In reality the Work Programme has been appalling at supporting people on Employment and Support Allowance. Performance has been well below the minimum levels set by Government and shows little sign of improving. It’s particularly poor for those who have been reassessed from Incapacity Benefits. This is not surprising with a target-driven programme that encouraged providers to tender at low prices. They are reluctant to invest time and effort on individuals they perceive as the ‘hardest to help’.

If ‘hardest to help’ is meant to refer to people with learning disabilities it is unhelpful to say the least because 65 per cent of them want to work and we know that motivation is one of the most important factors in achieving employment.

Work Choice, the Government’s national disability employment programme, very nearly didn’t happen. It’s well known that at least one minister wanted a single programme that would use differential payments and a supply chain of specialists to support everyone. I’m sure they’re glad that didn’t happen. Work Choice performance has steadily improved as the programme matures and I’d expect job starts to plateau at around 40 per cent.

Persistent concerns

Yet all is not well with Work Choice. While it’s undoubtedly streets ahead of the Work Programme in its ability to support people with disabilities there are persistent concerns about the ability of people with significant disabilities to access the programme. I’ve never understood why a more specialist programme should have a shorter time to find someone a job than the mainstream programme but the result has been that many people have been filtered out by Disability Employment Advisors who think that they’re not ‘job ready’, whatever that means, and will be unlikely to become employed within 12 months. Work Choice was designed so that referrals could be made directly to the programme by health and social care providers, thereby bypassing the DEA. This Statutory Referral Organisation referral route works well in some areas but has collapsed in others.

What should be done? Work Choice is due to end in 2015 and we’re not sure what will come next. There seems to be a consensus that a disability programme should continue but that’s not much help if you can’t get on it.

The Government review has established a range of task and finish groups. These are covering themes such as Young People and Transitions, Labour Market Interventions, Engaging Employers, Job Retention. There is a group looking at mental health issues, the only disability-specific task group. There has also been a series of regional consultation meetings. Former Minister for Disabled People, Esther McVey, launched an excellent campaign to engage employers through the Disability Confident initiative. All of this is to be applauded.

The problem is that DWP has such a high turnover of staff that they’re in danger of forgetting all the evidence identified in the past and so we have to start from scratch, again. This is compounded by having three different Ministers for Disabled People in 16 months. This strategy review is meant to be co-produced. I agree with the principle but in practice that seems to mean involving an Olympic athlete or two in the discussions. There’s a real danger of a disconnect between policy makers and the reality of life for people who simply want a job.

Best practice

Before Valuing People came to an end three years ago, much work was done to identify best practice and to pilot different approaches. We had Project Search which led to the current roll out of supported internships and Jobs First which sought to braid different funding streams through individual budgets, later followed up through In Control.

Liz Sayce’s report came down heavily in favour of personal budgets. While I have no objection to people using personal budgets there is no evidence that it has led to significant improvements in employment rates or that the retail model it demands can function in a welfare to work environment. Jobs are not a commodity that can be bought. You can buy the process but at  £5-10,000 personal budgets are nowhere near sufficient to buy that level of support. Instead, personal budgets have undermined the cause of personalisation as they become a vehicle for rationing support.

If you want to buy something, you need to make an informed choice based on knowing what is your best option. Jobseekers and employers have no way of knowing which services are the best because we don’t have an inspection or ratings system. Quality has gone out of the window at a time when resources are tight and outsourcing at the cheapest rate is favoured. It is hardly surprising that support is not as effective as we, and jobseekers, would like.

We know what works. Supported employment works. It’s been around for over 30 years, surviving on fragmented funding and operating under the Government radar. It’s not complicated; individualised support that identifies people’s strengths and aspirations, focuses on job outcomes, identifies good job matches and provides ongoing support to disabled workers and their employers.

The trouble is that supported employment is mainly delivered only by specialists, generally small local organisations who have been excluded from the current round of DWP programmes. The challenge is to harness this expertise in a way that is manageable for jobseekers, providers, DWP, and employers.

BASE has submitted proposals to the strategy review. We favour the continuation of a mainstream disability programme like Work Choice but we also propose a third tier of provision, one that is locally commissioned but attracts national funding. The reality is that people use a range of local services and employment needs to link into them. People with substantial disabilities do not walk into job centres and so we must go to them to raise aspirations for working.

We’ve seen in areas like Windsor & Maidenhead and Gloucestershire that employment rates can be improved dramatically by coordinated local support. Employment rates for people with learning disabilities have doubled in a year or two in both these areas. Because supported employment is not a statutory duty there has been significant disinvestment in services over recent years. We need DWP to acknowledge the effectiveness of this provision and to signal its support by using national funds to reward job outcomes.

Sustainable jobs

The challenge will be to replicate this success in other boroughs. This will require investment in workforce development and quality assurance processes as well as a single-minded focus on achieving sustainable jobs. We now have agreed National Occupational Standards for the sector and Ofqual approval for a Level 3 Certificate for Supported Employment Practitioners. BASE hopes to start delivering the certificate in early 2014.

We’re also consulting on a set of draft quality standards for the sector. There is no point in encouraging a market of providers if the customer has little information with which to differentiate between them. Employers have cried out for better coordination of employer engagement. They have no idea of the quality of local support which is why they have signed national agreements with well-known providers. A quality kitemark will help them to have confidence in working with local providers.

We have never had a better opportunity to influence the debate. The Government has signalled its support for the principles of supported employment and its willingness to work with local authorities. This enthusiasm needs to be matched by local authorities, NHS trusts and further education colleges collaborating to continue to invest in high quality local support.

Huw Davies is Chief Executive of the British Association for Supported Employment.

Let’s talk about learning disability hate crime

The message from Stop Hate UK is, don’t suffer in silence if you are experiencing hate crime. There is now a confidential helpline open 24 hours a day every day of the year offering help and support. Una Morris explains.

Stop Hate UK is a national charity providing independent and confidential support to people affected by all forms of hate crime. Stop Learning Disability Hate Crime is a 24 hour helpline for people in England and Wales to report learning disability hate crime and receive support. It was launched on 29 January 2013.

The helpline has already demonstrated its worth by the number of people accessing support from the service, with 62 of 114 contacts between January and June 2013 reporting incidents. We are also able to offer support to people who have no new incident to report; for example, 32 of our contacts were from repeat users of the service who wished to access support relating to an incident they had previously reported or to give an update on the progress of their case. Two people requested support of a kind the helpline does not offer and the remaining contacts were from agencies requesting information on the service.

Threatening behaviour

Many different kinds of incidents were reported, including criminal offences. Examples include physical assaults, sexual assaults, criminal damage, harassment and hate-motivated anti-social behaviour. The two incidents most often reported were threatening behaviour and verbal abuse.

Incidents happened in the street, on or around public transport, in shopping centres, day centres, and also in victims’ own homes. People with learning difficulties are often repeatedly targeted by the same people and sometimes by lots of different people. Perpetrators are sometimes strangers but often the perpetrator and victim know each other.

We have also received a number of reports of ‘mate crime’, in which a victim is targeted, befriended, exploited and taken advantage of by a perpetrator. This might include financial abuse or sexual exploitation or moving into someone’s home when this is not wanted. Mate crime is notoriously under-reported with the victim seeing the perpetrator as a friend.

Victims of mate crime usually have a choice as to who they associate with making it difficult or impossible for others to help them. We strongly believe in autonomy and in the rights of victims to make decisions about their lives and the incidents they may be experiencing. By working with victims and listening carefully to their experiences, we can help them to understand that what is happening to them is wrong and empower them to take steps to access additional support.

One case involved a man with learning difficulties who was targeted by a man he was friendly with at college. On a number of occasions the ‘friend’ asked the man to lend him money, saying he was having problems paying his rent or buying food. The man wanted to help the person he believed to be his friend and handed over cash each time he was asked. By the time he contacted Stop Learning Disability Hate Crime he had given away several hundred pounds and had not received any of it back. Eventually he began to see himself as a victim of mate crime by his so-called friend. This man gave consent for Stop Hate UK to tell other agencies about what had happened.

Callers to Stop Learning Disability Hate Crime are offered more than just a safe and confidential space to talk about their experiences. We are able to make referrals to the police if they are happy for them to be involved. If a caller does not want to involve the police, for whatever reason, Stop Hate UK can make anonymous referrals without identifying the caller. The organisation’s Hate Crime Advocate is able to offer follow-up advocacy support to callers and make referrals to other organisations in England and Wales, depending on where the caller is based and their needs.

Targeted

Stop Learning Disability Hate Crime isn’t just for people with learning difficulties who have experienced an incident themselves. The helpline is also able to support people who have been targeted because someone mistakenly thinks they have learning difficulties or because they are related to or friends with someone who has. We can support the friends, family members and carers of people  experiencing hate crime or agencies working with people experiencing it. Where someone calls on behalf of someone else, we always ask for the victim’s consent to make referrals.

Stop Hate UK encourages everyone, whether or not they have a learning difficulty, to report anything they see which may be a hate crime.

The real value of the helpline, and what makes it unique, is that it is open 24 hours a day, every day of the year. This means that whatever time of day or night, people affected by learning disability hate crime have someone to talk to about what they are experiencing and how they feel. Of the 114 contacts received by Stop Learning Disability Hate Crime between January and June 2013, 49 were received outside the hours 9am to 5pm, Monday to Friday, demonstrating the need for an out-of-hours service. Typically, over 85 per cent of all calls to Stop Hate UK are answered within four rings.

Since launching the helpline Stop Hate UK has developed a range of accessible publicity materials to promote the service, including wristbands, A3 easy-read posters in English and Welsh and smaller easy-read cards. We aim to make sure that everyone in England and Wales knows about the service because anyone can be affected by learning disability hate crime.

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Patron – Baroness Doreen Lawrence OBE
Ambassador – Adrian Derbyshire, Great Britain Athlete
Stop Hate UK is a registered charity, Registration Number 1062692.

Emailuna@stophateuk.org
Twitter: @_umm_
Main office: 0113 293 5100
Mobile: 07951 536 235

The helpline number is 0808 802 1155. Calls are free from landlines and most UK mobiles.

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We need to toughen up the law on hate crime

Mencap released a report for Hate Crime Awareness Week (12-19 October) giving some shocking figures on the incidence of hate crime against people with learning difficulties. The charity is calling for the law to be reformed.

The number of disability hate incidents (not all necessarily crimes) is higher than the number of homophobic and religious-based hate incidents. The British Crime Survey estimated there were 65,000 disability hate incidents in England and Wales in 2010/11.

Mencap’s report Living in Fear (2000) found that almost 9 in 10 people with learning difficulties surveyed had experienced bullying or harassment in the previous year. Of these, 66 per cent were regular victims and 32 per cent were being bullied on a daily or weekly basis,  73 per cent experienced bullying or harassment in a public place, 47 per cent suffered verbal abuse and 23 per cent had been physically assaulted.

Despite laws against disability hate crime in force since 2003, it wasn’t until the tragic deaths of Francecca Hardwick, who had learning disabilities, and her mother Fiona Pilkington in 2007 that they were widely enforced. Their bodies were found in a Leicestershire lay-by in 2007. Ms Pilkington had  poured a 10-litre can of petrol over the back seat of the car before setting it alight. The family had suffered years of abuse from a gang of up to 16 youths. An investigation uncovered numerous failings by the local authorities.

There are several ‘strands’ of hate crime: disability, race, religion, sexual orientation and gender identity. Although all are included in the Criminal Justice Act 2003, there are significant differences in the strength of the laws for each strand. The Law Commission is currently reviewing hate crime law and will make recommendations to the government on whether the law should be reformed so it’s the same for all strands of hate crime. Mencap has recommended to the Law Commission that all provisions be extended to disability hate crime. They believe that hatred towards disabled people is just as damaging to individuals, communities and wider society as hatred towards people of a different race or religion, and this should be reflected in the law.

The vast majority of people with learning and other disabilities who are victims of hate crime do not get justice. Despite the huge numbers of crimes that take place, only around 3 per cent are recorded by the police as hate crimes and only 1 per cent lead to convictions. In the past couple of years, the number of disability hate crimes recorded by the police has been improving but this has not led to an increase in convictions. We know part of the problem is that not many victims report disability hate crimes, or they may report a crime once but get a very negative response from the police and so never report again. Mencap’s Don’t stand by report found that people  felt that police officers often ignored them or did not know how to communicate with them properly.

Even when people report hate crimes, and the police record them accurately, cases where the victim has learning difficulties rarely get to court after the CPS questioned the reliability and credibility of the victim. And even when the case gets to court and leads to a conviction, judges are not consistently using the sentence uplift so victims are still being denied full justice.

The Hate Crime (People with Learning Difficulties and Learning Disabilities) Bill 2013-14 is a Private Members Bill sponsored by Ian Mearns. It requires police forces to register hate crimes committed against people with learning disabilities. It was introduced to Parliament on 30 October 2013 under the Ten Minute Rule and is expected to have its second reading debate on 24 January 2014.

Towards a greater understanding of behaviour

No Going Back: Psychodynamic Perspectives on Community Living for People with Learning Disabilities was the title of a day organised by Hertfordshire Partnership University Foundation Trust, Hertfordshire University and the Association for Psychoanalytic Psychotherapy in the NHS on the theme of community living for people with learning disabilities. Report by David O‘Driscoll and Georgina Parkes.

Research has shown that for the majority of service users the change from long term institutional care to community care has been positive. But it would be wrong to say that this has not been without its challenges and problems.

The emphasis on the day was on the psychodynamic approach. As the organisers we believe that having an understanding of some of its key concepts will bring greater understanding of a person’s behaviour.  The majority of delegates were from Hertfordshire Partnership University Foundation Trust (HPFT) but some came from as far away as Bristol, Manchester and Derbyshire.

Tom Cahill, HPFT Chief Executive, opened the day with a historical account of how services have developed in Hertfordshire from the impersonal wards of the long stay hospitals to the exciting future development at Kingsley Green.

Portrayed as happy

The key note speech was by Professor Jan Walmsley, an independent researcher and teacher with an honorary position at the Open University. She gave an overview of where we are now after the long stay institutions closed and people moved into community services. While there have been many positive developments, Professor Walmsley pointed out that in most of the literature people with learning disabilities are still portrayed as happy and smiling, which leaves us wondering how people can express their sad or difficult feelings. She quoted Valerie Sinason, “The new beautiful community homes provide an even more disconcerting backdrop for communications of despair.”

Self advocate, Carole Lee, spoke about what it was like receiving services in a community setting, including her mental health experiences. Carole was positive about the help she received from the Trust’s specialist learning disability psychotherapy service after her mother died. In fact, she provides training with David O’Driscoll to the local bereavement service Cruise on working with people with learning disabilities.

Carole received a CBE for her work on the 2001 Government White Paper, Valuing People, as part of the self advocate team.

She gave an account of complaining about a member of staff and how, as a result, the staff team completely changed their attitude to her.

Professor The Baroness Sheila Hollins spoke about her role as a learning disability professional, the mother of a child with a disability and now as a politician. She is a former professor of Psychiatry of Learning Disability and President of the BMA and Royal College of Psychiatrists. Now, as an independent cross bench peer in the House of Lords, she makes good use of her role to advocate for people with learning disabilities, putting her hand up and asking, what about people with learning disabilities?

She talked about the stigma people with learning disability face including more subtle forms such as how to respond to articulate people.

Baroness Hollins founded and chairs ‘Beyond Words’ publishing a series of accessible picture books. She described how she uses these books in therapy and how she set up book clubs in her workshops.

Challenging setting

An entertaining and optimistic view of working in a forensic setting, Rampton National High Secure Hospital for people with learning disabilities, was presented by Jon Taylor, Consultant Forensic Psychologist and Psychotherapist. Dr Taylor has set up a therapeutic community based on Maxwell Jones’s original ideas. He talked about the challenges of this approach in such a setting, for example, staff swapping shifts because they did not want to attend groups and listen to the often painful topics under discussion. Significant improvements included staff being less afraid of change, feeling less cut off and a reduction in criminal thinking and hostility.

A state-of-the-art overview of what we know about the practice of psychodynamic psychotherapy with people with learning disabilities, and how to adapt practice,was given by Professor Nigel Beail, clinical psychologist at the University of Sheffield and Head of Psychological Services with Barnsley NHS Trust. Professor Beail’s presentation was based not only on his research but on his clinical work as a psychoanalytic psychotherapist. He talked about the client directing all their efforts to maintaining their own psychic equilibrium which is dysfunctional by the time they reach therapy.

Listening and observing

The purpose of therapy is to disturb this and ultimately bring about change. Professor Beail discussed the basic techniques of listening and observing, information giving and education which are not often part of traditional psychoanalytic techniques, as well as exploring, reflecting, confronting and attending to the counter transference.  Interpretations need to be given in clear, open and undemanding language (for example, using words of less than two syllables if possible), not given with a question and the present discussed before current or past experiences. Behaviours and emotions need to be linked and spelt out to clients,  ie. when you do this you feel like this.

Professor Beail talked about the evidence base which, though thin, shows positive outcomes. There is still a preference to evaluate challenging behaviour therapy models and a resistance to use psychodynamic models.

The evaluation forms showed a general theme of wanting more, more time for each speaker, more discussion and more events like this. People found it useful and helpful in their work and inspiring. One person gave emotional feedback that the day had helped him to find a way forward in his job. “I had a lump in my throat”, he wrote. “Thank you for an inspiring day”.

Another wrote: “I work in residential care and do not fully understand your language but found the day interesting, insightful and motivating. A very good day.”

And another said: “Should be delivered to every psychiatry trainee at the beginning of their training and every year after that. Please, please persevere and do it again.”

We are hoping that a major outcome of the conference will be an opportunity to develop a postgraduate short course on psychodynamic thinking at the University of Hertfordshire Centre for Learning Disability Research.  The day will go some way to cementing the position of psychodynamic work in Hertfordshire.

David O’Driscoll is a psychotherapist and Dr Georgina Parkes is Consultant Psychiatrist with Hertfordshire Partnership University Foundation Trust.

Supporting families when relatives have to go into a hospital unit

Professionals must be aware of carers’ need for support when their relative has to go into a special unit. Clear communication and continued involvement of carers could prevent them feeling disempowered and devalued. Neil James reports on the findings of a research project 

Background 

The growing recognition of the additional health needs of men and women with learning disabilities puts responsibility on all services to assess and plan care to meet these needs and those of their carers. Carers often have to cope with mental health and behavioural distress and this can be compounded when their relative is admitted to a learning disability specific in-patient setting or an Assessment and Treatment Unit.  However, there is extremely limited research exploring the experiences of family carers and professionals at this difficult time.

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Findings 

For carers the admission of their relative to a specialist in-patient setting had a significant influence on the way in which they viewed and understood their sense of self and identity. The experience was particularly affected by the relationships they had with professionals when negotiating the additional needs of their relative.

Carers experienced high levels of anxiety, stress and uncertainty about the future of their relative and their role as carer. Some felt they lost influence over their relationship with their relative as they became subject to the control of professionals. They felt disempowered and devalued.

Professionals were shown to have a pivotal role in influencing how carers viewed their sense of self, value and importance.  Carers reported valuing support from professionals who were accessible and facilitated relationships based on honesty and trust.  Furthermore, having their views and opinions valued by professionals made them feel valued as carers.

Professionals did understand that their relationships with carers had an important influence on the value carers felt they had in the on-going care and support of their relative. They also appreciated that they can influence the way in which carers cope with the changes happening in their relative’s support needs. However, in practice, this was recognised as not always being translated into supportive action. Shortage of time and the availability of practical and financial resources presented barriers to supporting and involving carers.

Effective communication – being open and honest – was  thought most important in supporting carers. This is essential if trusting and understanding relationships with an appreciation of each other’s perspectives are to develop. Effective communication includes ensuring that carers are provided with information that promotes their sense of involvement in decisions about care. Crucially for professionals this involved recognising the expertise and knowledge carers bring to support care planning.  Rather than professionals assuming control, a shared approach to planning and decision-making was important.

Clear communication and continued involvement of carers could prevent them feeling disempowered and devalued.

Consistent support for carers can also be improved by professionals and services working together.

An important influence on the quality of support carers receive is the attitude practitioners bring to their roles. Attitudes and working practices which do not support carers need to be questioned and changed.

Study:  Family carers’ experience of the  admission of their relative to an Assessment and Treatment Unit

Aim: This study aimed to explore family carers’ experience of the admission of their relative to an Assessment and Treatment Unit

Methods: This was a two-stage qualitative study. In stage one the lived experience of six family members, three mothers and three fathers, was explored using semi-structured interviews. The second stage involved interviewing nine professionals in learning disability specific services, using individual interviews and a focus group.

Conclusions

To ensure carers feel involved they need to be given information and recognition for their expertise and knowledge.  A shared approach to care planning and decision-making are important so that carers do not feel disempowered and devalued.

Professionals not only need to provide information to carers they also need to be pro-active in planning and facilitating their involvement. The attitude of practitioners can have a significant influence on relationships with carers. Values and attitudes which have a negative impact on carer support need to be challenged and addressed by improving understanding of carers’ needs.

The actions and behaviours of professionals have a significant role in shaping carers’ views of themselves and their identity.

Key Messages

  • The need for admission to an in-patient setting is a time of distress, uncertainty and confusion for carers.
  • Carers’ relationships with professionals have a pivotal role in influencing their sense of value and identity.
  • The involvement of carers in decision-making and care planning processes needs to be facilitated by professionals.
  • Relationships between carers and professionals need to be underpinned by openness and honesty.

References and further reading

James, N. (2011) Working with families, in Atherton, H. and Crickmore, D. (Eds) Learning Disability: Towards Inclusion (6th Ed.), Chapter 22, Elsevier Ltd, London.

James, N. (2013) Enhancing relationships between family carers and professionals, Learning Disability Practice 16(6): 34-37.

Neil James is Senior Lecturer

Unit for Development in Intellectual Disability, University of South Wales.

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Stevie – a portrayal that presaged the era of eugenics

Simon Jarrett reviews Joseph Conrad’s 1907 book Secret Agent featuring simple-minded Stevie. It was published one year before the report of the Royal Commission on the Care and Control of the Feeble-minded. This  lead to the Mental Deficiency Act and an era of lifelong detention in mental deficiency colonies or strict community surveillance for those branded ‘deficient’.

The Secret Agent: A Simple Tale 

Joseph Conrad, 1907
(Penguin Books, 2007)
Sabotage, Film, 1936
Dir. Alfred Hitchcock
The Secret Agent, BBC Drama, 1992
Dir. David Drury
The Secret Agent, Film, 1996
Dir. Christopher Hampton

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The year 1907 was not a good one to be a person with learning disabilities. The pseudo-science of eugenics, the idea that ‘feeble-mindedness’ was caused by hereditary degeneration in the lower orders of society, had become a mainstream belief across broad sections of public opinion. ‘Idiocy’ and criminality were linked together in the public mind, both believed to arise from degeneration. The feeble-minded person was seen as a dangerous presence, threatening to overwhelm the healthy stock of the nation.

Conrad’s Secret Agent was published one year before the report of the Royal Commission on the Care and Control of the Feeble-minded. This would soon lead to the Mental Deficiency Act and an era of lifelong detention in mental deficiency colonies or strict community surveillance for those branded ‘deficient’.

At the heart of Conrad’s ‘simple tale’ is Stevie, a simple-minded young man who spends most of his time drawing circles on pieces of paper. He is looked after by his sister Winnie. She is married to Verloc, owner of a pornography shop and a secret agent working on behalf of the Russians.

Verloc is instructed to carry out a bomb outrage at the Greenwich Observatory to discredit London’s refugee revolutionaries, seen as a threat by the Russian government. He realises his brother-in-law Stevie is the ideal person to plant the bomb – he is ‘willing, docile, ready to please and even useful’. Stevie makes his way into Greenwich Park, loyally carrying the bomb, with disastrous consequences.

In Conrad’s portrayal we have an insight into the early 20th century idea of those deemed the least intelligent and therefore outside the accepted margins of human society. Stevie had ‘a vacant droop of his lower lip’ as he ‘prowled around the table like a frightened animal in a cage’. He is ‘a terrible encumbrance, that poor Stevie’, coldly described by one of the anarchists as ‘typical of this form of degeneracy’. His life is expendable.

Conrad’s work has subsequently fascinated and influenced film-makers. Alfred Hitchcock’s 1936 film Sabotage is based on it, but in his version the Stevie character becomes a naïve and gullible schoolboy. The BBC made a three-part series in 1992 and Christopher Hampton a film in 1996, both of which remained true to Conrad’s original vision of Stevie as ‘half an idiot.’

Two BBC programmes gave a strong voice to the victims of post-war experiments

Disowned and Disabled BBC 4

1. Nowhere else to go – 29 October 2013 9.00pm

2. Breaking Free  – 30 October 2013 9.00pm

Credit to BBC 4 for two intelligent, lucid documentaries charting the post-war experience of British children who found themselves outside the mainstream, either through physical or learning disability or some other social and family circumstances that made them ‘misfits’.

Among their many creditable features was the strong voice given to those who had experienced the system.

The first programme tackled the ‘disowned’ part, the sad history of those falling into the care of the state, (and the voluntary sector) because they were orphaned, neglected, illegitimate or troublesome. There was a distressing litany of abusive treatment wherever the system sought its remedies. The 1948 Children’s Act, promising a new era of individualised care, partly arose from the beating to death of a boarded-out child by their ‘carer’ in 1944.

But the scandals and abuse never went away, simply reappearing in new forms, from mass transportation to Australia and Canada to new experimental regimes such as the brutal ‘pin down’ system and use of drugs.

Horrendous

As thinking moved from institutions to the birth family as the child’s best bet, there was a string of horrendous child-deaths at the hands of their families, and once again the state stood accused of letting down its most vulnerable. It was striking how often even the most abusive experiments were based on ‘solid research’.

The second programme charted the post-war experience of disabled children and, pleasingly, achieved a judicious balance between physical and learning disability, not usually a strong point of disability programming. The era began optimistically with the 1944 Education Act promising mainstream education, but no resources accompanied the promise and the powerful special interests of medicine, education and psychology resisted integration. Asylums persisted and, outside them, large numbers of ‘ineducable’ children remained at home.

It was marvellous, and moving, to see the great self- advocate, Mabel Cooper, telling one last time the story of her life from childhood to middle age in St Lawrences Hospital. She was interviewed shortly before her recent death, clearly very ill and unable to sit up. Yet her spirit, and the power with which she could convey her story and its messages, were undimmed.

Mabel was scathing about the mental straitjacket into which the system placed her. “You didn’t learn those things that you need to learn out in the world. They taught us colouring and all that. I’d rather learn something than do that”.

Brian Rix, the famous actor and former head of Mencap, spoke of the birth of his daughter Shelly, who had Down’s syndrome, in 1951. He was asked by doctors, trying to work out why he had had a disabled child, if he was a drinker, or had venereal disease. The advice was to ‘put her away, forget her, start again.’ He visited St Lawrences, where Mabel Cooper lived. “I saw three or four thousand people, shambling around the grounds with nothing to do. It was appalling”.

Closure

The journey towards the Community Care Act and the closure of the institutions was charted, including the public outrage caused by the 1981 Silent Minority documentary which showed, again in St Lawrences, the teenage patient Nicky, tied to a post in the ward for five hours a day to stop him wandering.

The programme ended optimistically; the ground-breaking civil rights basis of the 1995 Disability Discrimination Act, the reduction in special schooling, the impact of the Paralympics and the emergence of the social model of disability.

Simon Jarret

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The high cost of mixing a ‘business opportunity’ with complex care needs

The first event of the Social Care Support Network, Managing Risk in a Person-Centred Way, was opened by Birmingham City Council’s Strategic Director of Adult Services Peter Hay. Both personalisation and risk involved standing in others’ shoes and seeing the world from their perspective, he said. The main speaker was Margaret Flynn, chair of Lancashire’s Adult Safeguarding Panel, who chaired the Winterbourne Serious Case Review. She described the failings which led to the scandal revealed by Panorama in 2011.

Rosemary Trustam reports

Castlebeck which ran the now infamous private hospital Winterbourne View, was owned by CB Care Ltd, which itself was owned by the Jersey limited partnership, Lydian Capital Partners LP, acquired in 2006 by the Swiss-based private equity group Lydian and backed by a group of Irish millionaires (Private Eye, Nov 2012).

Margaret Flynn cited this report in describing the circumstances that led to the abuse. No one asked why, when NHS commissioners sought placements on Friday afternoons, Winterbourne always had vacancies. Nor did they enquire into the cost at an average of £3,500 a week, one woman costing £10,000 a week.

Distant localities

The hospital held patient review meetings without relevant professionals from distant localities.

How could a unit be built on an out of the way business park, nowhere near public transport, when it was not required by local services and was completely against national policy? she asked.

Margaret detailed the failings leading up to the scandal.

  • CQC inspectors relied too much on self-reporting and paperwork;
  • An acting registered manager was in post for two years;
  • Recommendations made by the Mental Health Tribunal, including on the use of restraint, were not followed up;
  • Health & Safety Executive received reports; Adult Safeguarding treated any reports as isolated incidents
  • There was no pulling together of reports (reports indicated there were no complaints but the police found stacks in the manager’s drawer);
  • Turnover of staff was 400 in the five years since it opened;
  • Some staff were homeless and were not CRB-checked;

There was dangerous and illegal use of restraint which necessitated accident and emergency visits – with at least one reported concern from a consultant who told staff that the injuries didn’t match the explanation.

The whistle-blower, a fairly new member of staff, initially went to the manager, then to the regional manager twice, then to CQC three times (they say twice) before going to the BBC.

Systems and processes don’t protect people. “It is people who keep people safe,” Margaret said. “When people are locked away in a remote place, they are only likely to be honest with people they trust – and the people who knew them were far away”.

Services which pose high risk to residents and staff need strong governance. Winterbourne View just presented a business opportunity for investors. The Social Care Support Network (SSCN) is open free to anyone supporting its aims.

Email: info@socialcaresupportnetwork.com.

An ex-inspector speaks out

This is the account of an inspector who worked in different organisations for many years and experienced what she describes as a dramatic and deeply insidious cultural change. The writer, who is now retired, wishes to remain anonymous.

When I started work as an inspector with social services I felt lucky. I had a relevant professional background and a wealth of experience. I had worked in senior positions in homes for people with learning difficulties and had been privileged to have worked for two years in one that was acknowledged to be way ahead of its time. I was confident about what I should be looking for and I felt the role gave me the opportunity to offer providers a balance between professional advice and support and, where necessary, a more formal approach.

I was largely welcomed when I visited homes. Most people were caring and wanted to put good ideals into practice. Others were excited to learn modern approaches which encouraged service users to lead their own lives. Mistakes could be serious so people welcomed advice.

Flicking jelly babies

Concepts of ‘risk management’, ‘informed choice’ and ‘normalisation’ were not always properly understood leading, for example, to Julie being left to fend for herself in a dirty chaotic room as a ‘consequence’ of failing to follow her cleaning rota; or Tom who had joined a cult because they were apparently showing a personal interest in him (and his benefits) whilst those who were supposed to be supporting him were ‘leaving it to him’. Or quiet Paul, who always complied with organised activities he had no interest in and whose challenging behaviours had progressed from flicking jelly babies at other service users on the minibus to greater disruption!

People were keen to hear progressive ideas and hungry for help. Cynics might say they had no choice but to listen since I was the inspector but in those days inspectors each had a caseload of homes to be visited a minimum of six times a year and people came to know and value you. I was supported by a thoughtful ‘boss’ who had a social work background and years of experience. She enabled us to fulfill a role which was more advisory than enforcement (although I should stress that we would always address bad practice through the formal process when there was no hope of changing things any other way).

For a few years I was an inspector in an authority specialising in provision for people with learning difficulties so I saw a wide range of approaches to care which enabled me to keep in touch and my professional knowledge up to date. This specialisation was lost when inspection became ‘generic’. I still feel strongly that knowledge and experience of a client group, and the experience of practice, is essential when inspecting for quality of care, and for spotting potential abuses. When change came, I remember how many of the experienced inspectors fought to keep the specialist approach, but sadly this did not happen. Organisational change was imminent. My ‘boss’ was given early retirement.

Then came the computers, reams of paperwork and new buzz words. Laws and Standards were rewritten with the formal measurement of care seen as of paramount importance. I often felt I was being asked to measure the homes’ management and delivery of care in a quasi-scientific way and that this handicapped me from using my professional judgement to evaluate the service users’ quality of life, rights, freedoms and choices and protection from abuse.

Inspect and enforce

Priority seemed now to be given to the publication of reports and all that this entailed. Scores and ratings were the order of the day. Inspectors were told that their duty was to inspect and enforce and that homes should buy in their own advice from trainers and consultancies since giving extra guidance was not the inspector’s role. Access to information by the public, albeit to highly edited information, had become our raison d’être.

Thus the process of inspection itself fundamentally changed. Where once I felt I had been employed for my knowledge, experience and judgement I now felt I was someone who ticked boxes for evidence. How each service user was actually faring in the home was looked at less as inspectors became overwhelmed with timeconsuming standardised procedures and inspecting systems.

In this new world processes were too restrictive. For example, the process for inspection included in depth ‘case tracking’ of a few individuals. We had to cross reference their records against interviews with the service user and staff and an inspection of their room. This focus on the whole experience of a few individuals rather than on an overview of issues for many I believe led to tunnel vision about the running of the home, particularly in large homes where random chance played a role in choosing which residents were ‘case tracked’. Not all residents or rooms were even seen.

A consequence of this was that in some poorly-run homes difficult residents were taken out on the day of the announced inspection so that inspectors would find it difficult to ‘case track’ them. Once, while ‘case tracking’ I observed another resident, who was not being ‘case tracked’, being infantilised by a staff member. I acted on it in this instance but it became a challenge to find time to deal with other issues. I worked many extra hours for no pay.

I look back now and wonder if things could have been different.

Huge backward step

The overall effect of the changes seemed like a huge backward step. Although there was no question that some changes had been needed, including for example better ‘business management’, I believe most social services were not able to employ sufficient inspectors. One of the effects of change in the new organisational structure, with its separation from social services, was that the local ‘inspectorate’ increased its number of personnel by about 400 per cent while cutting by about two thirds, and later more, the number of visits made to homes.

Office space, IT equipment, glossy brochures, publicity and public relations blossomed. I often wondered what would have happened if only these sorts of resources had been given to social services to manage effectively?

As homes deteriorated, inspectors were busy enforcing regulations or closures. Due to a lack of legal expertise such action was hugely time consuming. Many inspectors became demoralised.

Procedures which had been virtually non-existent, often passed on by word of mouth in social services, had now become rampant. Many inspectors raised their heads above the parapet to voice the anxiety that our input was no longer enough to protect the service users, or to properly advocate for their rights. Many good inspectors left. Many more felt crushed. Worst of all, there was often no one left to speak for Julie or Tom or Paul.

I ‘TUPE’-ed through the years to the National Care Standards Commission (NCSC) and the Commission for Social Care Inspection (CSCI). I left as the organisation changed yet again to the Care Quality Commission (CQC).

But none of the changes, in my view, were as dramatic as that first transition into the ‘new world’. Each subsequent change seemed to be more of the same, with slight adjustments, greater workloads and different headed notepaper!

By the time I left, far less of my time was spent in homes. My role had become a policing one, I was not always welcome and didn’t get the same openness and cooperation from people. Sometimes staff and even residents had been primed NOT to talk to me. The effects of the cultural change were both dramatically obvious and deeply insidious. Providers often resented paying for a process that no longer offered them the same benefits.

Enlightening

On one memorable occasion I was warned that it was ‘too dangerous’ for me to enter a unit. I already had misgivings about the home and after discussion with staff I chose to enter at my own risk. The resident, who was acting out, calmed down and agreed to explain as best he could how he felt and why. It was enlightening. Would I have done this without any background experience?

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  • Caring professionals (on ‘both sides of the fence’) finding
  • out how impossible it was to withstand the rip-tide of huge change.
  • How stress and anxiety and a blame culture numbs people’s feelings and alters their focus.
  • How numbness closes down sensitivity and forestalls empathy.
  • The most vulnerable people in society take the brunt of these changes.

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  • Remember that most people respond better to the sun than the wind!
  • Focus, on people and their rights to lead their own unthreatened lives.
  • Recognise what those threats are.

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When a room is not a bedroom?

Bed in bedroom

The charity Contact a Family reports that some tenants have successfully appealed housing benefit cuts by challenging whether a room in their property is a bedroom.

The law on overcrowding says that a room is too small to be treated as a bedroom if it’s less than 50 square feet, and is too small for anyone except a child under 10, if between 50 and 70 square feet.

Some families have successfully argued at appeal that these rules should also apply to the bedroom tax and that box rooms of this size should not be counted as a spare bedroom.

However the Department of Work and Pensions states that these overcrowding rules aren’t relevant and are appealing these decisions.

In the meantime, Contact a Family says if you do not agree with a decision to treat a room as a bedroom you should seek further advice about lodging an appeal.

Further advice is available free from their helpline 0808 808 3555.

Young learners from Farleigh brighten up a Bulgarian orphanage

Twelve young learners from a college for students with learning disabilities have helped transform the environment and gardens at a Bulgarian orphanage.

The young people, who attend Farleigh Further Education College Frome, gave up two weeks of their summer break to give the orphanage in Berkovitsa, North West Bulgaria, a much needed makeover.

The 16 to 21-year olds, with a range of learning disabilities, helped plaster and paint walls including creating images of Mickey Mouse and a Jungle Book scene to brighten up corridors.

Staying ahead – Three Cs celebrates 20 years of excellent service

Twenty years ago, just after the Community Care Act, Three Cs was set up in South London to provide supported living in the community for people with learning disabilities coming out of long-stay hospitals. Since then Three Cs, standing for Control and Choice in the Community, has been at the forefront of development gaining many national marks of excellence. In 2010 it was the first national organisation to launch iPlanit, the web-based tool which gives ever y person ser ved a user-friendly computer account setting out their most important aims and tracking outcomes. Staff are accountable to people for supporting these plans.

Three Cs knows how to recognise people’s achievements. They recently celebrated their 20th anniversary, inviting staff and the people they support to the Albany in Greenwich.

Both the people served and the staff received awards recognising their achievements – the people supported for their efforts and the risks they took to achieve their dreams and the staff for going the extra mile to help them. What was memorable in the celebrations were the very strong connections between people and the agency – they weren’t just included, they owned the service.

What makes a good service? Not mounds of paper trails and beautifully designed person-centred plans but everyone living the values.

What is also important is that the drive comes from the top. Board members giving invisible support behind the scenes is vital to safeguard the organisation’s mission and to ensure its health and direction.

Chair Trevor Branch paid tribute to CEO, Jo Clare, saying that board members recognised that it was her drive and passion which permeates the organisation. Their vision for the next 20 years is, he said, “All of us living life to the full valued by our communities”. Rosemary Trustam

More anniversaries

UU

United Response celebrates 40 years with its founder Su Sayer

Su Sayer started United Response with small homes in the community for young people with learning disabilities 40 years ago. She has received a CBE for her work championing the rights of people with learning disabilities. With the launch of its Easy Read newspaper this year, United Response continues to work to fulfil people’s ambitions.

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Integrate – still innovating after 30 years

Thirty years ago in 1983, David Brandon, the first editor of Community Living, helped to found Integrate, a Preston based charity developed to resettle Preston people back into ordinary housing in their community.

The initial group persuaded the North West RHA to invest in a small untried charity instead of the 40-bedded unit others proposed. This year Integrate opened an older people’s development, the culmination of CEO Sue Pemberton’s determined efforts over 12 years to ensure people can maintain their independent tenancies and community lives, sharing the costs of the increased needs of ageing. Several people in the cluster flats maintain long-term relationships from hospital resettlement days.

One inspiration for the project was Elsie (not her real name). Sue, then manager of the Elders‘ Project, got Elsie moved from the old people’s home where she had been ‘written off’ by the hospital following her first stroke. As this new flat is near the town centre, Elsie can now resume the regular market visits she made daily independently before her strokes and is enjoying renewing her acquaintance with the many market traders who still know her.

Let’s hope the CQC’s new broom reaches the dark dusty places it failed to do in the past; ‘Grand ideas’ should never be trusted

Describing her early experience, an ex-inspector writes that she was largely welcomed when she visited homes.

Describing her early experience, an ex-inspector writes (page 8) that she was largely welcomed when she visited homes. Most people were caring and wanted to put good ideals into practice. Others were excited to learn modern approaches which encouraged service users to lead their own lives.

But then things changed. “My role had become a policing one, I was not always welcome and didn’t get the same openness and cooperation from people. Sometimes staff and even residents had been primed NOT to talk to me. The effects of the cultural change were both dramatically obvious and deeply insidious”. Priority was given to the publication of reports, scores and ratings were the order of the day. Inspectors were told that their duty was to inspect and enforce and that homes should buy in their own advice from trainers and consultancies since giving extra guidance was not the inspector’s role. What happened in our culture that inspections became a superficial clip-board exercise and, worse, something to be feared rather than an opportunity to learn?

Now we have a new broom at the CQC and we must all hope that it reaches the dark dusty places it failed to in the past. The new Chief Inspector, Andrea Sutcliffe, has set out her plans in A Fresh Start for the Regulation and Inspection of Adult Social Care, ahead of a full public consultation in spring 2014.

Ms Sutcliffe says: “You cannot regulate for love, compassion, tenderness, dignity and respect but these are the values our inspectors will be looking for”.

She promises that inspection teams will involve people with personal experience of care. If she really wants to ensure these values are recognised, people with learning difficulties must be included in relevant teams.

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‘Grand ideas’ should never be trusted

BBC4 recently screened two intelligent, lucid documentaries (see p.27) charting the post-war experience of British children who found themselves outside the mainstream, either through physical or learning disability or some other social and family circumstances that made them ‘misfits’. The two programmes showed that ‘grand ideas’ should never be trusted.

The second programme ended optimistically, citing the ground-breaking civil rights basis of the 1995 Disability Discrimination Act, the reduction in special schooling, the impact of the Paralympics and the emergence of the social model of disability.

It is tempting to share this optimism but if these programmes taught us anything it is that people have been saying for many years that the latest approach (usually their latest approach) is the right one, that things were bad in the past but will be OK from now. The idea of the disabled person, particularly the person with learning disabilities, as an object of social experiment has never gone away. Well-meaning theorists and social policy gurus have found the disabled person, and other ‘vulnerable’ people, fertile ground for implementation of their beliefs, often with terrible consequences. We can take heart that some of that theoretical and policy ground has now been appropriated, quite rightly, by disabled people themselves. But we should never rest easy, we should never believe that some ‘fundamental truth’ has been discovered and history has ended. Our own ‘fundamental truths’ will vanish and be replaced, just like those of earlier ages.

The Independent Living Fund saved… for now

The Court of Appeal has overturned the government’s decision to close the Independent Living Fund. The Court found there was insufficient evidence of compliance with the public sector equality duty. This means that until or unless the government revisits the decision more than 19,000 of the most severely disabled people in this country will continue to receive support from the Fund.

The case was brought by five disabled claimants supported by the Equality and Human Rights Commission (EHRC). The Commission was seeking to clarify what is required for a public body decision-maker to show that proper consideration has been given to the impact of a proposal which affects people with a protected characteristic under equality law.

The Appeal Court judges ruled unanimously to quash the 18 December 2012 decision to shut down the Fund on the grounds that the government had failed to reflect adequately the consultation responses, “indicating that independent living might well be seriously in peril for a large number”.

The judges decided there was insufficient evidence that the ‘very grave impact’ on some of those affected was properly brought to the minister’s attention, despite officials having been clearly informed of the possible impacts on service users and local authorities.

Ministers from the DWP have decided not to appeal the decision but a spokeswoman said: “In light of the guidance provided by the Court of Appeal, ministers will be invited to make a new decision on the future of the Fund based on further advice”.

The EHRC’s Legal Director, Wendy Hewitt, said: “The Court agreed with the Commission that what was needed was consideration of the impact of the proposal on all disabled people and specifically on ILF recipients who would most obviously be adversely affected by it”.

Margaret Cohen, who worked as an assessor for the ILF for ten years, comments: “I am absolutely delighted at the Court’s decision. In addition to the shameful attacks on benefits which enable people with disabilities to live decent lives, the government was determined to abolish an efficient system which helped many to maximise independence with minimal administrative costs. Since the closure was announced recipients and their families have suffered enormous stress and now it appears that unnecessary preparatory work has been carried out to transfer funding responsibility to hardpressed local authorities.

“I fear that a new period of uncertainty about the future of the Fund may now begin. I very much hope that there will be a swift and satisfactory clarification for recipients so they can be confident about the justice of future decisions and can maintain maximum independence”. The ILF – a cut too far?

by Margaret Cohen, Community Living, Volume 25, No. 3.

When is supported housing defined as exempt?

How ‘supported exempt accommodation’ is being defined is causing concern and confusion among providers of social housing, as well as their tenants who claim housing benefit, says Charlie Callanan.

How supported accommodation is defined is especially important now because residents of this accommodation – which includes many people with learning disabilities – are protected from some negative aspects of the current programme of welfare reform:

  • The housing costs of claimants living in housing that is accepted as falling within the definition (see box right) are excluded from the calculation of the benefit cap. The cap is £350 per week for single claimants and £500 for couples and single parents. A number of major benefits are counted in calculating the cap, including housing benefit.
  • The spare room subsidy in social housing, known as ‘the bedroom tax’, does not apply to exempt accommodation. So, for example, a resident in exempt accommodation who has a spare room for an occasional overnight carer, such as during a temporary deterioration in their health, would not be affected.

hands-house

Other advantages that residents of exempt accommodation will have, unlike most claimants, are being able to get their help with housing costs paid direct to their landlord, and getting their benefits, eg. employment and support allowance, more frequently than monthly.

The government decided to exclude housing costs from the benefit cap where it is paying for supported exempt accommodation because the rent charged is higher due to the support or care being provided. In addition, people in need of supported housing are far less likely to be able to meet the major policy intention of the benefit cap, ie. incentivising claimants to seek and find paid employment to independently meet their living and housing costs.

The fear is that tenants in supported housing outside the definition of exempt accommodation will fall victim to the benefit cap and will not be able to afford to live in the housing as the costs of providing support are higher. As a result, providers of supported housing may fail as they will lose tenants and not be able to attract new ones because they could not afford to meet the extra costs of living in the accommodation.

There is controversy that some types of supported housing will not be accepted as exempt by housing benefit departments and the DWP. This could be either because the level of support provided is deemed to be inadequate, or because the contractual arrangements for the provision of support fall outside the definition of supported ‘exempt’ accommodation.

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“Supported ‘exempt’ accommodation refers to certain supported housing but not all of it [our emphasis]. It is defined in legislation as either:

  • a resettlement place, or:
  • accommodation provided by a county council, housing association, registered charity or voluntary organisation where that body or person acting on their behalf provides the claimant with care, support or supervision.

Such accommodation includes group homes, hostels, refuges, sheltered housing, supported living complexes and adapted housing for the disabled provided by housing associations, registered charities, voluntary organisations and county councils.” [/su_box]

For example, it is common for councils to commission the support and/or care direct from a support provider who may not be the landlord. The tenant may manage their own care and support through a personal budget commissioning the service from an organisation that is not also their landlord. Either way, these examples may fail the test for exempt accommodation because the landlord is not ‘providing’ the support or care.

The biggest official reassurance for housing providers came in April when Lord Freud, Minister for Welfare Reform, told the housing charity Homeless Link that he intended to “protect providers from any unintended consequences” of welfare reforms. He said that DWP wishes to protect social landlords such as refuges and hostels, where “arrangements may not meet the precise definition of exempt accommodation but in all other ways the provision is identical to that which does.”

The most recent news came in September in housing benefit circular HB A19/2013. This announced that transitional provisions have been brought into force so that the housing costs of tenants living in exempt accommodation will continue to be met through housing benefit, even where they are entitled to universal credit. It says: “This is intended to be an interim measure while the feasibility of a localised funding system for housing-related costs for those in supported housing is explored.”

So the noises coming from the government appear to be that they wish to see the situation resolved, especially before housing benefit is abolished. However, in the meantime it is possible that there will be some decisions from housing benefit departments refusing to accept that a claimant is living in supported exempt accommodation. Affected clients will need to get help and support with challenging such decisions.

For further information go to: www.sitra.org and www.housing.org.uk

Charlie Callanan is a welfare rights adviser with over 15 years experience in the charitable and statutory sectors.

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[su_quote]The fear is that tenants in supported housing outside the definition of exempt accommodation will fall victim to the benefit cap and will not be able to afford to live in the housing as the costs of providing support are higher.[/su_quote]