Week 7: Draft Two #LBBill eve #107days

Week 7 of #107days Take Two is given over to the #LBBill. Today’s post, on the eve of the launch of the second draft of the LB Bill, is a guest post from Mark Neary, the initial instigator of the Bill: 

It feels a long time since that Twitter conversation about turning current practice on its head and bringing in laws that make it much more difficult for the State to wrench people from their homes & leave them languishing in assessment and treatment units.

Since that conversation last summer, the situation of the people at the heart of #LBBill hasn’t improved one iota. More deaths. More people being taken from their homes and moved 100s of miles away. More court judgements exposing the questionable actions of authorities over their use of the Mental Capacity Act. Only today, Josh Wills’ family posted the news that there is going to be another delay in Josh’s return to Cornwall from the unit in Birmingham where he has been kept for the past three years. More families uprooting themselves to be closer to their detained loved ones. More huge assessment and treatment units being built. More inquiries. More reports. More committees/concordats/action groups. More joint statements from Mencap and the Challenging Behaviour Foundation calling for…… what? Pick a day – pick an issue. And more deceit, spin and violence from the organisations trusted with the care of vulnerable people.

What I find most depressing about the lack of action is the oft repeated get out clause from the likes of Norman Lamb, Simon Stevens, all the way down to delegates at conferences that “It’s the culture that needs changing”. If I hear that one more time, I’m going to custard pie the speaker. The Mental Capacity Act is the law. The Deprivation of Liberty Safeguards are the law. The Human Rights Act. I could go on and on. If the State can’t get their culture right, then just apply the sodding law. You can sort your culture out later. Of course, LBBill is another law for the State to ignore, abuse, lose amongst its relentless culture. It is worrying.

But I think there is something very different about #LBBill that gives it a fair chance of succeeding. It has come from the people who are usually ignored when it comes to legislation for the disabled. It has come from the people, their families and their allies. It has an energy that I have never experienced before. It has a heart that is sorely missing in most social care discourse. It has an instinct for the bleeding obvious. It has a humour that cuts right through the usual flim flam. It has more experts by experience than you can shake a stick at. And it has staying power. LBBill ain’t going away.

Too many lives and justice and futures are at stake.

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Day 61: Justice – one stitch at a time #107days

Those of you who regularly read the blog (and someone is because our web hits passed 30k this weekend, thank you) will have noticed that Day 59 was adopted for a quilting exhibition. Today is another quilting action, adopted by Lucy and Cardiff Law School, to share their day. We hope that they will inspire others of you to take part in the Justice Quilt, there is still time, but you’ll need to be quick, patches need to arrive by May 31. Here’s what they had to say:

Connor regularly featured in his mother’s blog as ‘Laughing boy’ (LB), and became known to many within the disability and wider community through her tales of his jokes, creative endeavours and adventures. We learned about his love of transport, drum and base music, trips to London and his wide circle of family and friends. Connor’s death stunned those who had followed his mother’s blog, and its reverberations are being felt throughout the UK and around the world. A creative and organic campaign for justice – #JusticeforLB and 107 Days of Action – sprang up on social media, with a diverse range of people ‘adopting’ a day to coincide with Connor’s detention in the unit in 2013. Each adopted day involved an activity to raise awareness of what happened to Connor and the injustice faced by other people with learning disabilities in the UK and around the world. Connor’s own artwork features prominently in the campaign, adorning postcards, pencil cases, badges, and even our own conference flier. Buses also feature regularly, one highlight being a bus company dedicating three buses to Connor.

Here at Cardiff Law School, we held a very unusual and creative seminar, befitting an irreverent and creative young man, to join in the 107 Days campaign. We are very fortunate at Cardiff to have Professor Janet Read as an Honorary Professor of Law. Janet’s research specializes in the rights of disabled children and adults, and she also happens to be a super stitcher, and one of a creative trio who are putting together a Justice Quilt as part of the 107 Days campaign. Together with Professor Luke Clements, Dr Lucy Series and Erich Hou, we held a seminar explaining what had happened to Connor, describing some of the wider justice issues affecting people with learning disabilities and talking about a long and proud tradition of stitching and resistance. We were delighted that a delegation from Cardiff School of Art and Design came along, and around thirty or so of us spent a few hours stitching and gluing, knitting and drawing on squares for the Justice Quilt, whilst thoughtfully discussing what had happened to Connor and what needed to change.

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Connor’s death did not happen in a vacuum and was not an isolated event. A recent study found that 42% of deaths of people with learning disabilities were ‘premature’ (the CIPOLD study, 2013), a phenomenon which Mencap has called Death by Indifference. A major report by the House of Lords Select Committee on the Mental Capacity Act 2005 heard evidence from a wide range of sources of families of people with learning disabilities being pushed aside by professionals, as Connor’s family were found to have been. Several studies have raised concerns about unlawful de facto detention of people with learning disabilities; for the last months of his stay in the unit Connor did not have any formal detention safeguards which could have scrutinised the basis of his stay there.

The kinds of assessment and treatment unit where Connor was detained have been plagued by successive scandals over the last decade – from the Cornwall scandal (2006), to Sutton and Merton (2007), through to Winterbourne View in 2011. Each scandal has triggered waves of public outrage and national studies which have confirmed widespread problems with these types of units (A Life Like No Other, 2007; National Study, 2009; Learning disability services inspection programme, 2012). An annual ‘Census’ set up in the wake of the Winterbourne View scandal found that 3,250 adults with learning disabilities remain in these units; over half have experienced self-harm, an accident, physical assault, hands-on restraint or seclusion during the three months preceding the Census. Last week, the Minister for Social Care Norman Lamb described a scheme set up in the wake of Winterbourne View to move people out of these hospitals as an ‘abject failure’ (HSJ, 2014).

Connor’s preventable death brought home that these studies and reports are not just about statistics, they are about real lives ensnared in systems which deny people opportunities to flourish and leave them vulnerable to abuse, prolonged unnecessary detention and even death. As successive policy initiatives to address these issues have failed, it is clear that in some ways the problems have a very complex etiology – from a lack of resources and appropriate provision of support in the community, through to the failure of legal and regulatory frameworks which are intended to protect human rights. One study even suggests that the structure of our financial systems may favour models of care based on detention and ‘warehousing’ over support for independent living in a person’s own home and community, even though the cost of these units can be eye-wateringly high (NDTI, 2011).

Yet in another sense, Connor’s death reveals that the roots of the issues can be remarkably simple, even if they are not easy to change. They are about recognizing – in law, policy and in everyday life – that people with learning disabilities have lives of equal value to others, that their aspirations, relationships, talents and individuality should be valued and supported on an equal basis with others. This is why Article 8 of the United Nations Convention on the Rights of Persons with Disabilities emphasizes the importance of raising awareness of the rights and dignity of people with disabilities and combating stereotypes.

Activities like quilting may seem far removed from the law, but by creating a space to talk about Connor’s life – as well as his death – we hope to promote awareness of the capabilities of men and women with learning disabilities, and reflect on how we can contribute towards change in our work and everyday lives.