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UK PARLIAMENT · SITTING

Catherine McKinnell

MP for Newcastle upon Tyne North · Labour · United Kingdom

IN THEIR OWN WORDS

The family of a terminally ill constituent contacted me in desperation last month after trying to resolve the pension issues of their family member since January. She died yesterday, with her pension still unresolved. Can the Minister be more specific for that family about what will be done to resolve this issue?

CIVIL SERVICE PENSIONS · 2026-07-06 · READ IN HANSARD

As the UK trade envoy to Italy, I thank the Secretary of State for confirming the GCAP funding in his statement. As MP for Newcastle upon Tyne North, I add my voice to those who want to see this as an opportunity to genuinely spread investment and opportunity that will build strength and resilience in our people right across the UK—they a…

DEFENCE INVESTMENT PLAN · 2026-06-30 · READ IN HANSARD

This report is welcome, but that does not make its existence any less tragic. Far too many mothers and babies have been failed, including mothers like my constituent Amie, who late last year was turned away repeatedly, despite reporting reduced movements. Her baby Seren was born stillborn.

NATIONAL MATERNITY AND NEONATAL INVESTIGATION · 2026-06-30 · READ IN HANSARD

Failures to address these issues have significant effects, both on the public finances and on the most vulnerable people in society, and, indeed, they are issues that are often reflected in our constituency mailboxes. I was contacted recently by a young woman who had reported child sexual abuse to the police last year.

HOME OFFICE AND MINISTRY OF JUSTICE · 2026-06-29 · READ IN HANSARD

Her husband was the victim of an assault by the defendant, who had raped his wife. They were forced to wait four hours for the trial to begin. They were eventually told that the defendant would arrive and that the delay to his delivery was causing the delay, but it had a knock-on effect on additional days in court.

HOME OFFICE AND MINISTRY OF JUSTICE · 2026-06-29 · READ IN HANSARD

Friend has said, we need a court estate that is fit for purpose in order to maximise the use of these additional days. I too have visited my local court, in this instance Newcastle Crown court.

HOME OFFICE AND MINISTRY OF JUSTICE · 2026-06-29 · READ IN HANSARD

The complete record

Every one of 4,961 lines we hold for Catherine McKinnell, in date order, each linked to its source. Free to read, in full, without an account. Page 57 of 100.

  1. The reason my office has focused so hard on…mental health this year is that we also hear—day in, day out—from children themselves, their carers, teachers and health system professionals about just how desperate the need is out there.” I reiterate my concerns about the risks of introducing compulsory mental health education and a whole-school approach to this issue if we do not ensure at the same time a dramatic improvement in the support and treatment available to children and young people when they encounter a mental health condition.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  2. Indeed, the Children’s Commissioner, Anne Longfield, has stated that the CQC’s report makes for “sad reading.” She went on to comment: “Like the CQC, I acknowledge there are efforts being made to change things and that the staff working in children’s mental health are doing a good job in difficult circumstances. That was never my concern. It is those not getting the care they need…that worries me most…fewer than a quarter of children needing mental health support received it last year. There are severe shortages throughout the system, with the majority of local NHS areas failing to meet NHS standards on improving services. Yet the numbers we cite on delays, expenditures and percentages can only tell you so much.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  3. When concerns are identified, children and young people, and their families, often struggle to navigate the complicated and fractured system of services created by a lack of joined-up working. Many organisations are involved in planning, funding, commissioning, providing and overseeing support and care for young people with mental health problems. Poor collaboration and communication between these agencies can lead to fragmented care, create inefficiencies in the system, and impede efforts to improve the quality of care.” That paints a deeply concerning picture, particularly in the light of the statistics I cited at the beginning of the debate.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  4. The Royal College of Psychiatrists has noted difficulties in finding specialist inpatient beds close to a young person’s home. CQC has rated 39%—26 services—of specialist community child and adolescent mental health services…as requires improvement and 2%—1 service—as inadequate against CQC’s ‘responsive’ key question, which looks at whether people access care and treatment in a timely way.” It went on to comment: “The problem of gaining access to specialist help is contributed to and compounded by the fact that those who work with children and young people—in schools, GP practices and A&E…do not always have the skills or capacity to identify or support the mental health needs of children and young people.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  5. We all know that simply is not the case for far, far too many young people affected by mental health conditions at present. In the Care Quality Commission’s recently published review of mental health services for children and young people commissioned by the Prime Minister, it found that “whilst most specialist services provide good quality care, too many young people find it difficult to access services and so do not receive the care that they need when they need it. One young person told CQC that they waited 18 months to receive help. Using estimates from the London School of Economics, Public Health England reported that only 25% of children and young people with a diagnosable mental health condition accessed support.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  6. My hon. Friend raises an important point. I wanted to come on to CAMHS, which my hon. Friend the Member for North Durham (Mr Jones) raised eloquently and powerfully. I support the introduction of mental health education in our schools, for that whole-school approach to be implemented, but I reiterate my concerns that teachers and schools must be adequately resourced and trained for that. School budget cuts, which are resulting in vital services being axed, must stop, and the Government must seriously look again at those issues that are causing young people’s mental health to be so adversely affected. I also feel strongly that in promoting greater mental health awareness and encouraging children and young people to speak out and seek that help, we must ensure that treatment and support is available for them when they need it.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  7. The hon. Lady is making a compelling speech, and I understand her reservations about the state telling teachers how to do their jobs. However, a key issue, which I hope the Government will respond to, is the role of Ofsted and its power and influence over what schools can and cannot manage to do within their limited resources and the time in the school day. Will she take that into consideration?

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  8. I understand the hon. Lady’s point, and it is certainly one to consider, but the flipside to her argument is that schools are therefore so focused on delivering what Ofsted requires of them, in terms of ticking the boxes, that the holistic wellbeing of the young people and children in their care is perhaps not prioritised as much as it could and should be.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  9. Personally, I would like to see a really bold message coming from the Government in the Green Paper that this issue has parity of esteem, and that we do not only talk about supporting better mental health within our education system but that the Government will take the steps to ensure that it is a priority and is delivered. All right hon. and hon. Members here today will hold the Government to account on that issue. Question put and agreed to. Resolved, That this House has considered e-petition 176555 relating to mental health education in schools.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  10. I will look out for the Green Paper and the proposals in it, and I know that the excellent organisations that initiated this debate—HeaducationUK and others—and the right hon. and hon. Members in Westminster Hall today will also look out for the Green Paper, to ensure that we get this matter right, that we address the issues, that we improve our education offer, that we remove the stigma around talking about mental health, and that we adopt a cross-sectoral approach, so that our health service is there to provide the professional support that must be available and that will match our provision within the education sector.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  11. I thank those who initiated this petition, because this has been an important, timely and high-level debate on this subject. Right hon. and hon. Members have made powerful contributions today, and I pay particular tribute to the hon. Member for Halesowen and Rowley Regis (James Morris) for his very powerful testimony, not only about his own experience but about how that applies to a very practical approach to how we can do better for our young people and for our society in addressing this issue. I appreciate the length of the Minister’s reply and the response that he gave to the variety of issues that were raised. There is a huge amount of cross-party consensus that we need to do things better and we need to see change.

    MENTAL HEALTH EDUCATION IN SCHOOLS · 2017-11-06 · READ IN HANSARD

  12. One way to improve the educational performance of UK schools would be to allow the creation of more good school places. Will the Secretary of State provide some much-needed clarity on the 50% cap on faith admissions for new free schools, which is holding up a number of school places in the pipeline?

    SCHOOL PERFORMANCE · 2017-11-06 · READ IN HANSARD

  13. I thank my hon. Friend for giving way and I pay tribute to her for securing the debate. Does she agree that for far too long, improving equality between the north and the south in terms of transport infrastructure has meant improving links between the north and the south, rather than the links within regions, which is what will really boost our regional economy?

    TRANSPORT IN THE NORTH · 2017-11-06 · READ IN HANSARD

  14. The Minister must accept that the impact of Brexit will not be uniform across the country, which is why the Chancellor acknowledged that the Government have not only carried out sectoral impact assessments but looked at regions. Will the Minister explain what information the Government will release about the impact on different regions of the UK, so that we can not only understand the impact of Brexit but prepare for it?

    EXITING THE EU: SECTORAL IMPACT ASSESSMENTS · 2017-11-01 · READ IN HANSARD

  15. It has been reported that the Department for Exiting the European Union has carried out analysis that concludes that the north-east of England and Scotland will be the region and country worst affected. It stands to reason, because 60% of our exports go to the EU and we rely on millions of pounds in agricultural, structural, social and university funding. We were told loudly and clearly last year that leaving the EU was about taking back control and that voting to leave would ensure the primacy of this sovereign Parliament. Instead, we now have a minority Government determined to obfuscate at every stage, overriding parliamentary democracy at every opportunity. This must end today.

    EXITING THE EU: SECTORAL IMPACT ASSESSMENTS · 2017-11-01 · READ IN HANSARD

  16. The Government should have been straining, and should be straining, every sinew to bring this country back together, but instead we have an unelected Prime Minister, determined to press ahead with a who-knows-what Brexit regardless of the consequences for different parts of the country and sectors of the economy. The Government are willing to do this with as little scrutiny as possible, with Ministers taking a “Whitehall knows best” approach to a process that will profoundly impact this country for decades to come. Instead of bringing the country back together, this total lack of transparency and engagement with people’s very real concerns is serving only to create further distrust and division. Why is that important to the north-east? Well, we know that the Government have undertaken modelling of the impacts.

    EXITING THE EU: SECTORAL IMPACT ASSESSMENTS · 2017-11-01 · READ IN HANSARD

  17. The Government’s position on this issue is hugely symbolic. Ministers’ unwillingness to furnish a Committee of this House with basic information is a symbol of a Government in trouble, seeking to avoid proper scrutiny and challenge by elected Members of this Parliament. The Government’s position on the motion is also symbolic of what is entirely wrong with this Government’s approach to Brexit, and how we find our country moving through this historic approach since the referendum. Last year, as the Prime Minister came to power, she found herself leading a nation that was clearly divided on the subject.

    EXITING THE EU: SECTORAL IMPACT ASSESSMENTS · 2017-11-01 · READ IN HANSARD

  18. I thank the hon. Gentleman for giving way, as a fellow member of the Petitions Committee. It is right that we are debating this issue in Parliament and that people’s views are heard. A constituent of mine has conveyed to me the fact that she feels passionately that unless some kind of system is devised that truly represents voters’ opinions, our democracy will be even more broken that it is at the moment—she cited the example of the United States. We must ensure that people feel that their voices are heard here in Parliament.

    PROPORTIONAL REPRESENTATION · 2017-10-30 · READ IN HANSARD

  19. The hon. Gentleman is making a compelling speech. I agree that it is vital that we MPs are held to account by our electorate, and I share his view that we should maintain the constituency link. Does he agree that there are other ways in which we can change our system to engage more voters—for example, by reducing the voting age to 16 to encourage more young people to get involved?

    PROPORTIONAL REPRESENTATION · 2017-10-30 · READ IN HANSARD

  20. I congratulate my hon. Friend on securing this hugely important and timely debate. One of my constituents contacted me, and in her words: “I’ve suffered pain, I’ve soiled myself, suffered depression and sepsis. My employment contract as a store manager will be terminated in the next few weeks due to ill health. My life has changed dramatically but others shouldn’t have to suffer the same fate. It really is unacceptable that we are in 2017 and this is allowed to happen.” I have no doubt that my hon. Friend will agree.

    SURGICAL MESH IMPLANTS · 2017-10-18 · READ IN HANSARD

  21. We are asking for it to be paused, so that the Government can get this complex system right before they roll out further misery, debt and hardship up and down the land.

    UNIVERSAL CREDIT ROLL-OUT · 2017-10-18 · READ IN HANSARD

  22. Let me be clear: this is not the fault of the hard-working staff at jobcentres and the DWP; the blame lies fairly and squarely with the Government, who have their head buried in the sand. I am pleased that my constituents will no longer be charged 55p per minute to access much needed support, but that change barely scratches the surface of the problems with the system. The crux of the issue is that the Government should be utilising the painful lessons learned by areas such as Newcastle, where the full roll-out of universal credit has been piloted, to ensure that the myriad problems that have arisen are rectified before they roll it out any further. It is causing real hardship and distress. We are not asking for the system to be scrapped.

    UNIVERSAL CREDIT ROLL-OUT · 2017-10-18 · READ IN HANSARD

  23. Constituents are finding it difficult to make their daily updates, to verify their claims and to post activity on their web activity report, which is necessary to stop their claim being suspended—never mind getting hold of a human being to help when the system goes wrong. Even when my constituents follow the correct procedures, documentation provided to the DWP at constituents’ cost is being lost or even destroyed. When constituents or my caseworkers contact the DWP to ask quite straightforward questions, the staff do not know the system themselves. How can constituents be expected to navigate the system when staff do not have the correct training and support to assist people who are having difficulties?

    UNIVERSAL CREDIT ROLL-OUT · 2017-10-18 · READ IN HANSARD

  24. Your Homes Newcastle, the arm’s-length management organisation responsible for Newcastle’s council housing, faces rent arrears of £1.2 million entirely as a result of the roll-out of universal credit, and it is not an outlier. Changing Lives, a supported housing provider in the north-east, states that 100% of its clients on universal credit are now in rent arrears. Is that really the Government’s intention? Digital by default is proving to be disastrous. It assumes that everyone has easy internet access and is computer literate, which clearly is not the case for many people.

    UNIVERSAL CREDIT ROLL-OUT · 2017-10-18 · READ IN HANSARD

  25. I am talking about the very deliberate six to seven-week wait for the first payment. Who, of those just-about-managing people the Prime Minister claims to want to help, could manage for seven weeks without any income? Who, in work, waits six or seven weeks for their first pay packet? The Government are not being straight with people. They are pushing people into spiralling debt and misery that they will take years to manage their way out of, if they ever do. The advance payments—otherwise known as crisis loans—do nothing to resolve that fundamental flaw. What do the Government have to say about the rent arrears being accrued?

    UNIVERSAL CREDIT ROLL-OUT · 2017-10-18 · READ IN HANSARD

  26. This debate is as vital as it is urgent, on something that has deeply affected my constituency and continues to do so. Since the full roll-out of universal credit across all three jobcentres in Newcastle in March this year, it has possibly doubled the work of my caseworkers and other local agencies. Since its introduction, it has been nothing short of a shambles. To roll it out any further, without dealing with some of its fundamental failures, will just roll out misery for thousands more people. It simply is not working, and in the short time I have I will set out as clearly as possible exactly why. The deliberate delay in payments built into the system is fundamentally flawed. That does not even include the extra delay due to administrative errors. The Government’s figures show that one in five payments is not made on time.

    UNIVERSAL CREDIT ROLL-OUT · 2017-10-18 · READ IN HANSARD

  27. The House of Commons Library has noted the evidence that people with a learning disability experience inequalities in healthcare and the fact that, on average, men with a learning disability die 13 years sooner and women with a learning disability 20 years sooner than those without learning disabilities. Learning Disability Today has reported on a survey that found that almost two thirds of parents of children with learning disabilities said that they missed social engagements in the past year due to the fear of how other people would react to them; one in four young people with a learning disability had been bullied by members of the public at nightclubs or concerts; and only 30% of people would feel comfortable sitting next to someone with a mild learning disability at a show or a concert.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  28. There is a variety of good support out there, but we all know that many people with learning disabilities, and their families and carers, will face a series of enormous challenges, barriers and indeed discrimination throughout their lives, all of which inevitably puts a great deal of strain on family relationships. What do those barriers involve for people with learning disabilities? Mencap highlights that children with special educational needs are twice as likely as other children to be bullied regularly; 40% of disabled children live in poverty; and 75% of GPs have received no training to help them treat people with a learning disability.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  29. I am regularly lobbied by constituents with learning disabilities who, with the support and encouragement of the Newcastle-based charity Better Days, are able to send me easy-read letters about issues of concern, such as the lessons to be learned from the independent review of deaths of people with a learning disability conducted following the tragic death of Connor Sparrowhawk, or the Government’s decision no longer to provide funding to the National Forum of People with Learning Disabilities, which meant it closed in March 2017, having been operational since 2001.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  30. One of the concerns that Joe raised with me during that visit was his disappointment that he had been prevented from securing an apprenticeship because he was unable to achieve the required grade C in maths and English at GCSE. I am pleased, as one of the co-chairs of the all-party parliamentary group on apprenticeships, that that requirement has recently been lifted for people with learning disabilities, following a review conducted by the hon. Member for Blackpool North and Cleveleys (Paul Maynard).

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  31. The level of support someone needs depends on the individual.” Importantly, Mencap concludes: “It’s important to remember that with the right support, most people with a learning disability in the UK can lead independent lives.” I saw that for myself in Dinnington in my constituency when I visited the home of the then 18-year-old Joe to hear about how he was being supported by the national charity United Response during the transition from childhood to adulthood. That involved providing Joe with tailored assistance in a supported housing setting to help master tasks such as managing money, basic cooking skills, cleaning the house, keeping up with the laundry, managing his coursework on his construction course at the local mainstream college, and being able to use public transport safely.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  32. But there are some things that are true for everyone with a learning disability, and some common (and not so common) conditions that will mean you have a learning disability.” Mencap goes on to state: “A learning disability is a reduced intellectual ability and difficulty with everyday activities—for example household tasks, socialising or managing money—which affects someone for their whole life. People with a learning disability tend to take longer to learn and may need support to develop new skills, understand complicated information and interact with other people.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  33. I will return to Lee’s case and the outcome of the review in more depth, but first I will briefly provide some context to the debate. About 1.4 million to 1.5 million people with a learning disability are estimated to live in the UK, of whom some 350,000 have a severe learning disability. The charity Mencap, which describes itself as the leading voice of learning disability, replies to the question, “What is a learning disability?” by explaining: “The answer is that it’s different for every person who has one.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  34. I beg to move, That this House has considered supporting and safeguarding adults with learning disabilities. It is a pleasure to serve under your chairmanship, Mr Wilson, as we consider this hugely important issue. How we better support and safeguard adults with learning disabilities is a subject on which I have been seeking to secure a debate for some time, following the most appalling case involving a young man with learning disabilities from my constituency and his violent death back in June 2015. The circumstances leading up to Lee Irving’s killing have been the subject of a safeguarding adults review which was published in June 2017, following the trial and sentencing of those responsible which finally concluded in December 2016.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  35. Undoubtedly, all Members of Parliament frequently have to handle very distressing issues, and I have dealt with a lot.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  36. The LGA also highlights, however, that the number of adults with a learning disability needing social care is set to rise by 3% a year, piling further pressure on local authority finances. Overall, councils face a £2.3 billion shortage in funding by 2020. I therefore strongly urge the Chancellor to address this issue next month as part of his autumn Budget, as well as the ongoing and serious concerns about the potential historic and future costs associated with sleep-ins, following the change in Government guidance on them, which have significant implications for the future provision of support to adults with learning disabilities. As I said, there is a particular reason that I secured this debate, which I have been trying to do so for several months.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  37. People with a learning disability also face inadequate housing, poor access to health care and a society that misunderstands them.” One challenge facing people with learning disabilities and their families is of course being able to access the right social care support at a time when adult social care budgets are at breaking point after years of punitive cuts to local authority funding since 2010, combined with rising cost pressures. The Local Government Association outlines that some 127,725 adults in England under the age of 65 were receiving long-term social care from their local council for a learning disability in 2015-16, meaning that about one third of councils’ annual social care spending, or approximately £5 billion, is used to support adults with learning disabilities.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  38. In responding to the EHRC report back in April, Mencap commented: “Rather than move forwards in the past 20 years this report shows how inadequate action and a constant stream of cuts have condemned disabled people to a life of poverty and inequality. With the employment rate for people with a learning disability currently standing at less than 6% and with cuts to Employment Support Allowance coming into effect this week, it’s not hard to see why so many disabled people are struggling to find money for things as basic as food.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  39. That is an interesting suggestion. As a constituency MP, I work closely with the organisations I have mentioned so that I may correspond with and represent people with learning disabilities. There are local solutions and, potentially, national ways to support MPs. That is a good suggestion to ensure that those voices are heard in Parliament, and the intention of this debate is very much to give voice to some of the concerns. I am sure that other hon. Members are present for the very same reason. The issues that I have outlined are just some of the frankly depressing ones faced by people with learning disabilities. Such issues were commented on by Mencap in its response to the Equality and Human Rights Commission report, “Being disabled in Britain: a journey less equal”, which was published earlier this year.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  40. Nor does it appear that the many agencies that interacted with Lee shared information with each other about his vulnerabilities, or properly listened to or acted on the concerns repeatedly raised by his family, which might have resulted in Lee still being here today. It is critical that lessons are learned from Lee Irving’s case as quickly as possible, right across the country. I look forward to hearing from the Minister how she intends to ensure that that will be the case.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  41. Indeed, thanks to the intervention of the Solicitor General, some sentences were increased for being unduly lenient. However, the current legislation needs to be reviewed, because if Lee’s case could not be regarded as a disability hate crime, it is hard to know how the current threshold could be met. I have also outlined how important it is for adults with learning disabilities to receive the right care and support to enable them to live independent lives where that is appropriate. However, I have real concerns about the issues raised by Lee’s case, and the fact that those charged with safeguarding Lee—an extremely vulnerable adult—did not get the balance right between independence and protection.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  42. The true extent of the problem is being masked by people with a disability or learning disability who are too scared or do not feel able to report incidents. I strongly urge the Minister to ensure that the Government look at this issue again, in the light of Lee’s case, although I am conscious that it is not within her departmental remit. I fully recognise that I have raised a number of wide-ranging issues this afternoon, many of which do not fall directly within the Minister’s portfolio. However, I am pleased to have been able to put on record the different, and very important, concerns that Lee’s mother has raised with me following her son’s death. Those ultimately responsible for Lee Irving’s horrific abuse and murder are now locked up in prison where they belong.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  43. However, in Lee Irving’s case the issue was not with the police or CPS not recording or prosecuting the barbaric offences committed against him as disability hate crimes but that the judge could not be sure that, at the time of committing the offence, or immediately before or afterwards, the perpetrator demonstrated hostility towards Lee based on his disability, or that the offence was motivated by hostility towards people with disabilities—the threshold set in the existing legislation. That is concerning at a time when we know that disability hate crime is a significant issue. Mencap highlights that some 73% of people with a learning disability and autism responding to a 2016 Dimensions survey said that they had experienced hate crime, while recorded hate crime based on disability has increased by 44% since last year.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  44. I also looked at general advice from First Senior Treasury Counsel, the Government’s most senior barrister in criminal matters, on how to apply the hate crime provisions.” I am aware that the CPS has recently published revised guidance setting out the factors to be taken into consideration when reviewing cases and prosecuting offences classified as disability hate crime.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  45. I raised this issue with the Solicitor General, to which I received a response that the judge’s “finding that the offences were not motivated by hostility is a finding of fact. Such findings are incredibly difficult…to challenge on appeal to the Court of Appeal, since I need to satisfy the court not only that the judge was plainly wrong, but also that it is in the interests of justice to overturn his finding of fact. My decision was that I would not succeed in overturning the finding of fact in this particular case. I only reached this conclusion after receiving advice from the leading counsel at trial, the CPS’ hate crime stakeholder manager, and a senior barrister who is a specialist in these kind of cases.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  46. Although your texts” to one of the other accused “show repeated use of the repellent word ‘spastic’, I am not able to infer that such language was used towards Lee Irving at the time or immediately before or after your murderous assault. Furthermore, in my judgment you were motivated in this offence not by hostility towards those with disability but by your vicious and bullying nature which particularly takes advantage of those who are unable or less able to resist.” That calls into question whether the current legislation—section 146 of the Criminal Justice Act 2003, which provides for an aggravated sentence—is fit for purpose, as it is unclear how anyone could prove a disability hate crime under the threshold unless the perpetrator made such an admission.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  47. I know that the family are grateful for that. Both the CPS and Northumbria police believed that the multiple and horrific offences perpetrated against Lee were motivated by his disability. Indeed, the safeguarding adults review commenced with that view. However, the trial judge, in his sentencing remarks, told Wheatley that “In order to reach the conclusion” that the offence was aggravated by disability “the statute requires me to be sure that, at the time of committing the offence or immediately before or after doing so, you demonstrated hostility towards Lee Irving based on his disability or that your offence was motivated by hostility towards persons who have this or any disability. I am not satisfied on either basis.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  48. I look forward to hearing the Minister’s response to the recommendations and whether the Government can act on them to help ensure that the lessons from Lee’s case are genuinely learned across the country. There is one further aspect to the case that I find deeply concerning. James Wheatley was found guilty of murdering Lee in December 2016. His mother, Julie Mills, his then girlfriend, Nicole Lawrence, and Barry Imray, who also had learning disabilities, were found guilty of, or admitted to, conspiring to pervert the course of justice and causing or allowing the death of a vulnerable person. Wheatley was sentenced to a minimum 23-year term and the original sentences of Mills and Lawrence were increased after the Crown Prosecution Service successfully appealed them as being unduly lenient, with the support of the Solicitor General.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  49. For that we are truly sorry.” The safeguarding adults review highlighted that Lee’s family “had two main recommendations” following their son’s death. First, that “the move from Children’s to Adults’ services be better managed to ensure a smoother transition without loss of support and that services consider the capacity rather than the age of the individual.” Secondly, that “families remain part of the decision-making process in the case of vulnerable adults and be fully involved/consulted on ‘best interest’ and other decisions relating to family members.” Bev Irving has explained that she hopes those changes will be made so that, in her words, “Lee’s name can live on in the name of Lee’s law”.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD

  50. Whilst they had resisted this option at the time, with the benefit of hindsight they recognise that other measures were unlikely to have succeeded.” Indeed, following the publication of the review in June, Lee’s mother, Bev, commented: “Nobody listened to each other, but my main concern was nobody listened to me. If I had been listened to, then my son would still be alive now. I had my son reported missing three times in the previous few weeks up until his death and they wouldn’t bring him back. They wouldn’t inform me where he was, which I find very, very hurtful. It’s disgusting.” In response to that, the director of people at Newcastle City Council stated: “I know that Lee’s family felt excluded from some of the decisions that were taken about his care and that their warnings about his living conditions were not acted upon effectively.

    SAFEGUARDING ADULTS WITH LEARNING DISABILITIES · 2017-10-17 · READ IN HANSARD