Tackling Child Poverty in Scotland: A Discussion Paper – 05.01.11 i. Capability Scotland works with disabled people of all ages and their families and carers throughout Scotland to provide a broad range of flexible, personalised education, care and health services. We are also a campaigning organisation, committed to using the influence we have to ensure disabled people achieve the same human and civil rights as the rest of society. ii. Capability Scotland welcomes the opportunity to respond to the public consultation on this discussion paper. GENERAL COMMENTS I. Capability Scotland believe that the Discussion Paper on Child Poverty and the forthcoming Scottish Child Poverty Strategy must do more to highlight the impact disability has on the resources of households with children and the proportion of children and families experiencing poverty. II. Currently, households which include someone with a disability are 3 times less likely to earn over £40,000 than other households. Furthermore, 49% of households including someone with a long-standing illness, health problem or disability have net annual incomes below £15,000. 1 Disparities of this kind are likely to increase as a result of the current economic climate. Indeed, a recent poll found that two thirds of parents who have a child with a disability are finding it more difficult to pay their bills than they were a year ago. This compares to only 45% of other parents2. III. The Discussion Paper fails to address the link between disability and child poverty in any meaningful way. This failure not only undermines the potential effectiveness of the strategy, it is also contrary to the Scottish Government’s legal obligations. The Disability Discrimination Act 2005 disability equality duty (soon to be superseded by the Equality Act 2010 public sector equality duty), for instance, gives the Scottish Government a duty to promote equality of opportunity between disabled persons and other persons. It also has a duty to take steps to take account of disability, even where that involves treating people with disabilities more favourably than other persons. The discussion paper implies that this duty is not being complied with in relation to child poverty. IV. The Scottish Government also has legal duties under international human rights treaties (such as the International Convention on the Rights of Person with Disabilities) to take positive steps to ensure that people with disabilities have equal access to human rights. This includes the right to an adequate standard of living, the right to private and family life and the right to be free from inhuman and degrading treatment. Again, the discussion paper suggests that these duties have not been considered in relation to child poverty. V. It is also essential that the Scottish Child Poverty Strategy specifies the action the Scottish Government must take to tackle the existing links between disability and child poverty. While many of the causes of the socio economic disadvantage experienced by disabled families relate to reserved matters such as tax and welfare, the Scottish Government still has the power to dramatically increase the household resources of these families. It has, for instance, the capacity to tackle issues such as employability, social care, education, childcare and support for disabled parents. 1 Scottish Government (2009) Scottish Household Survey Annual Report - Scotland's People 2 Parenting Across Scotland (2010) MORI Poll Survey of Parenting Experiences in Scotland 2 VI. There is also a more general need for the Scottish Government to mainstream equalities and disability issues into all its wider strategies to ensure that the experiences of people with disabilities are not forgotten in the development of policy. SPECIFIC COMMENTS 1. What are your views on the Scottish Government's current approach to tackling child poverty, outlined in this paper? In particular: does it capture the key areas where action is required to ensure the greatest impact on reducing child poverty, and are there any important steps to be taken by the Scottish Government that are not covered in this paper? 1. Capability Scotland is deeply concerned that the Scottish Government’s current approach as outlined in the discussion paper does not adequately address the links between disability and child poverty. Consequently, we are concerned that the resulting Child Poverty Strategy will not have any significant impact on the lives of the disabled families who are currently living in poverty. 2. Below is an overview of how the main issues raised in the Discussion Paper on Child Poverty relate to disability and how these issues should be addressed by the Scottish Government. It is essential that the Scottish Government give these issues full consideration in drafting the Scottish Child Poverty Strategy and in developing future poverty reduction strategies. Employment 3. The Discussion Paper on Child Poverty notes that “appropriate work remains the best way for families to escape poverty”. Capability Scotland agree with this statement and believe it is essential that there is acknowledgement in the Child Poverty Strategy of the huge barriers to work faced by many parents with disabilities and parents of disabled children. 4. One third of non-employed lone parents and two thirds of non-employed couples reported a disability or long-term illness. Indeed, just under half of disabled people in Scotland are in paid employment, compared to around 75 per cent of the general population3. As a result, children growing up in families with a disabled parent are particularly likely to experience poverty. 5. In some cases a person’s disability or ill-health may prevent them from working. However, health problems are not the only cause of economic inactivity for people with disabilities and long term conditions. Other major barriers to work include discrimination, prejudice, low confidence, and a lack of opportunity in relation to education and training. It is essential that the Scottish Government takes action to address these barriers to employment by increasing funding to innovative supported employment schemes. The Scottish Government must also steps to tackle discrimination by raising awareness of disability amongst employers and staff. It is also vital that the Scottish Government invest to ensure 3 A Working Life for All Disabled People: The Supported Employment Framework for Scotland: 2010 3 that people with disabilities can access information, advice and advocacy on their rights in relation to employment and dismissal. 6. People with disabilities are also at a disadvantage in relation to employment (and at higher risk of experiencing poverty) because of the barriers that can exist to accessing school, further and higher education and vocational training. Studies have consistently found strong links between disability and low educational attainment. Indeed, Capability staff directly involved in service provision reported that the level of service and support provided to people with disabilities by further educational establishments is hugely variable, with some further education establishments not providing for disabled students at all. Capability staff working in this area have reported a lack of consistent, staged progression for disabled students. In many cases this leads to young people repeating ‘life skills’ courses, or leaving with few prospects, rather than progressing on to accredited mainstream courses. 7. Furthermore, evidence shows that a lower proportion of disabled people work in professional and managerial occupations and a higher proportion are unemployed or engaged in unskilled or semi skilled employment. There are several reasons for this which should be acknowledged and addressed in the Child Poverty Strategy. - Firstly, anecdotal evidence from Capability staff working at ground level indicates that the education system may have been inaccessible to many disabled people because of a failure on the part of mainstream schools to make reasonable adjustments and to provide appropriate additional support to disabled pupils. This can be particularly pertinent in the senior phase, where mainstream schools can feel unable to provide appropriate continued curriculum, and so encourage young disabled people to make the transition to further education before their peers. - Secondly, those who leave school with no qualifications are more likely to experience socio-economic disadvantage which can result in a higher risk of mental health problems, mental illness and poor physical health which could in turn result in disability, for themselves and for any children they may have. 4 Employability and Health 8. The ability of an individual to work or participate in education is often dependent on his/her health. Unfortunately, numerous studies have highlighted the discrimination faced by disabled people in accessing health services. This relates to physical access, staff attitudes and quality of service4. Indeed, research conducted by the Disability Rights Commission has shown that some groups of disabled people (such as those with learning difficulties/impairments or long term mental health problems) die younger than non-disabled people, often from preventable conditions such as respiratory illness. Learning disabled people are four times more likely to die from a treatable illness (the term "learning disabled" covers the 1.5m people in the UK with an IQ of 70 or under.) Employability and Childcare 9. Many parents of disabled children do not have the choice of work available to them because of a lack of suitable, affordable childcare. Capability Scotland’s report “Nobody Ever Wants to Play with Me: Childhood Poverty and Disability” found that nearly 70% of working parents with a disabled child relied on family members to care for their disabled child and half of them said they did so because of a lack of suitable childcare. Many also stated that having a disabled child often means that the decision about whether or not to go back to work can be more difficult. 10. An additional obstacle to child care (and resultantly employment) is the fact that there appears to be a higher proportion of single parent families with disabled children. Research conducted by Child Poverty Action Group supported this conclusion and also found that “the cost of childcare, not wanting to leave the child with a stranger, lack of accessible childcare places all combine to make it very unlikely that a lone parent with a disabled child will be able to work.”5 11. Many Capability staff involved in the delivery of services have highlighted the benefits that would flow from increased investment in before and after school care. In the case of children with certain disabilities this time might be spent working on specific life skills and developing capacity for independent living based around the Health and Wellbeing Curriculum for Excellence. 4 Including from the British Medical Association (Disability equality within healthcare: BMA, June 2007), and the Guide Dogs for the Blind Association (The experiences of visually impaired users of the NHS: The Guide Dogs for the Blind Association, 2004). 5 http://www.cpag.org.uk/info/Povertyarticles/Poverty109/disability.htm 5 Short Breaks and Respite Care 12. There is a lack of provision of short breaks and respite care for disabled children and their families which is not addressed in the discussion paper. This can deprive parents of some of the flexibility and free time required to hold down employment as well as leading to increased levels of stress and in some cases family breakdown. A paper by for Scotland’s Disabled Children highlighted some of the obstacles experience by parents in accessing short breaks for themselves and their disabled children: - Services are often restricted to those with more intensive care needs meaning children with mild to moderate disabilities are sometimes not eligible for short break support. - Many parents struggle to transport their child to and from respite services because they do not have their own transport and cannot afford alternative transportation costs. - There is a general lack of consistency in the approach to a needs assessment, often dependant on the skill, empathy, understanding, knowledge and experience of the assessing worker(s). - Many local authorities have a narrow definition of short breaks and respite care. This should be widened beyond residential or family-based services to take account of the range of opportunities that non-disabled children and young people have access to, including: youth organisations, after school clubs, summer activity programmes, etc. Reducing Pressure on Household Budgets 13. Capability Scotland believes that the Scottish Child Poverty Strategy should acknowledge and address the added pressure on household budgets that can come from being disabled or from having a disabled child. Research conducted in 2008 found that disabled people face extra costs related to managing their impairment that amount, on average, to approximately an extra quarter above normal expenditure, compared to non-disabled people. The extra costs can result, for example, from paying for adaptations to their home, social care support, mobility aids or communication aids6. 14. This is something which should be acknowledged in the Scottish Child Poverty Strategy. The Scottish Government should also use this as an opportunity to reflect on the improvements that national and local government could make to policies relating to charging for social care support, adaptation and communication and mobility aids. 6 Disability Poverty in the UK: 2008, Leonard Cheshire 6 15. Local authorities in particular should take into account the additional cost of living with a disability when they calculate the charges they make for social care and support. In England, (unlike in Scotland) local authorities take disability related expenditure into account when they calculate what it is reasonable to charge people with disabilities for services. ‘Disability Related Expenditure’ can include costs such as: - The cost of any specialist items caused by disability (eg. food meeting special dietary needs, special clothing / footwear, additional bedding and heating costs, transport costs over and above mobility component of DLA) - Payment for a community alarm system - Costs of any privately arranged care services, including respite care Scottish local authorities rarely take these costs into account when they are calculating charges - even though the legislation is the same here as it is in England7. This results in many families with disabilities being charged more than they can afford for non-residential care. It is essential that the Scottish Government works with local authorities, disabled people, parents, carers, voluntary sector providers and COSLA to address this issue. Capability Scotland comes into contact with numerous families who are struggling to meet the added costs of disability. See Appendix 1 for a case study illustrating this. Supporting Children and Families 16. While the discussion paper highlights the importance of supporting families, it does not mention the support needs of children or parents with disabilities. Capability Scotland has come into contact with many disabled parents who have been unable to access sufficient support in their parenting role. This appears to be a problem throughout parenthood, relating to antenatal services, pre-school, and school age children. 17. An example of this is the lack of provision of support for those disabled parents who as a result of their disability might benefit from support with tasks such as the school run, lifting their child out of the bath etc. Many parents’ who approach local authorities for this support report being continually redirected between education, children’s’ and adult services, with nobody willing to take responsibility for helping and supporting them. 7 In both countries local authorities are not allowed to charge more than is reasonably practicable (see Social Work (Scotland) Act 1968. 7 18. Lorna, for example, has hemiplegic cerebral palsy and was pregnant with her first baby. She wanted advice about carrying the baby particularly up and down stairs. She spoke to her midwife who suggested she contact an occupational therapist. Her GP said she should contact the social work department which she did, but heard nothing more. She did eventually get an appointment at a local disability resource centre, however, due to the process taking so long, the baby was born before she could attend. 19. Further, while the Discussion Paper makes reference to the Additional Support for Learning Act, it fails to address the additional barriers to accessing education that can often exist for disabled families when insufficient support is available. Ally, for example, has 2 young children and is a wheelchair user. She has been unable to take her children to school because of ill health and has no informal networks that can consistently do this for her. Although the family live less than a mile from the school, the local authority did provide a taxi service to take her oldest child to school. However, when her youngest child began attending school full time, she was told by the taxi driver that he was only able to take the oldest child that week and that the service was stopping the next week. When the family challenged this decision, the local authority agreed to provide the service if the family paid £300 per school year. The service is not guaranteed and could be withdrawn if another child is deemed to be in more need. This is causing the family a great deal of worry and stress. 20. There is a correlation between parental poverty and lifestyle and the delivery of a low or very low birth weight baby. Such babies have very complex support needs and families require significant levels of support. For many babies their condition will be life limiting, The costs of support are very high and the number of very low birth weight babies is increasing. Failure to plan and to intervene leads to higher future cost and contributes to the cycle of deprivation. 21. These experiences do not reflect the Getting it Right for Every Child approach which puts children and young people’s needs first and requires all services for children and young people to work together to give them the best start. 8 Transitions to Adulthood 22. 8 Capability Scotland believes that it is unacceptable that the section in the discussion paper covering ‘Transitions to Adulthood’ makes no reference to the experiences of children and young adults with disabilities who often experience particular difficulties during times of transition. Particular issues include the following: - Young people and their parents/carers require access to high quality guidance and support to enable them to make the transition from school to post school education, training and employment; - Young people also require readily accessible ongoing guidance and support to assist them with subsequent transitions. http://www.scotland.gov.uk/Topics/People/Young-People/childrensservices/girfec/programme-overview 8 23. There is a real need for information covering all aspects for life after school including; employment and training; further education; day opportunities; welfare rights and benefit changes; housing; advocacy and mediation services; guardianship; health and social care; leisure and recreation. 24. Furthermore, there is often a simultaneous difficulty in the transition from child to adult social care and support services. Capability’s Transitions Co-ordinators have highlighted that in many areas, while there may be well planned services for young children and those at school, there is scarce or inappropriate provision post-school, and often insufficient planning and knowledge to access those services that do exist. 25. Within East Lothian, for example, children with High Functioning Autism and Asperger’s Syndrome do not meet the assessment criteria for Children’s Disability Services, but could qualify for support within Adult Social Care (ASC). As ASC support does not usually begin before a young person is 16, this can lead to inadequate preparation for the transition from school to adult life, which is particularly problematic as this cohort of young people will need a much longer lead-in to ensure that anxiety is minimised and their transition is successful. 26. There is a real need for early, low-level intervention through adequate planning and preparation at times of transition. This may prevent needs escalating to crisislevel post-school, saving the local authority and other partner agencies, the associated and possibly long term increase in costs. More importantly, this kind of early intervention will help to move young people on to a positive experience postschool - rather than the possibility of failure and subsequent mental health issues. Physical Environment – Housing 27. The Child Poverty Discussion Paper states that “the quality of [a child’s] living conditions can have profound effects on their wellbeing and outcomes”. Capability Scotland strongly agrees with this statement. We are, however, concerned that the discussion paper makes no mention of the shortage of housing suitable for individuals with physical disabilities or the impact this can have on a families health and wellbeing. 28. Capability Scotland’s recent housing involvement events highlighted the massive shortage of accessible homes in Scotland. The scale of the problem cannot be overestimated, with only around 9% of the need for wheelchair accessible housing being met9. This means that across Scotland there are hundreds of families in which a parent or child is unable to use the bathroom, get upstairs or in some cases leave the premises without assistance. This clearly creates an obstacle to their ability to interact with their child and to playing with them or putting them to bed. 9 DTZ Pieda (2004) Mind the Gap: An economic evaluation of owner occupation for disabled people 9 29. Similarly, many disabled parents face long waits before they are given assistance from their local authorities to fit aids and adaptations. Again this can limit their use of the family home and, as a result, they and their child’s experience of family life. Families with disabled members also face housing problems relating to : - Lack of information on housing options - Harassment and victimisation Lack of opportunities in private rented sector - Difficulty finding an accessible family sized home - Difficulty finding accessible accommodation close to family, support networks, places of employment and places of education. Appendix 1: Case Study Katherine is a 4 year old girl with a diagnosis of Cerebral Palsy, epilepsy, visual impairment and hearing impairment. Katherine lives with her mum (Molly), Dad (Paul) and younger brother Adam. Katherine attended a partner provider nursery 3 days per week from the age of 1 to 3. This allowed Molly to work part time and Paul to work full time. Family were able to look after Katherine’s younger brother when required but were not comfortable supporting Katherine’s needs therefore there was very little respite for the family. When Katherine turned 3 the nursery told Molly that they could no longer support Katherine as the room for 3 year olds was up one flight of stairs and there was not enough room in the building to install a lift. They gave Molly 3 months notice to find alternative childcare. At this time Katherine started attending a local authority special education nursery 3 days per week. As this nursery provided transport Katherine had to be picked up from home between 8 and 9 o’clock and dropped off at home anytime after 3pm. Katherine’s partner provider nursery agreed to provide childcare from 3-6pm on each of these days so that Molly could keep her job. However, the 3 months notice still applied. Molly looked into finding a childminder however this was unsuccessful. Katherine requires 1-1 care which would result in childminders not being able to care for any other children and therefore would lose out on money. One child minder offered Molly the option of paying for 3 places (£16.50 per hours as the childminder would normally have 3 children at a time. Molly refused as she could not afford this. Capability Scotland’s Childcare for All service suggested Molly looked into applying for direct payments. She could then employ someone privately to look after Katherine in the family home 3-6pm three days per week using the Direct Payments money. Molly contacted her social worker for help. By this point it was apparent that Molly was finding the situation very stressful. After two months of repeatedly chasing up her social worker regarding her options Molly was told she would not qualify for direct payments as her house was not suitable for an employee to work (as Katherine’s bedroom was 10 up one flight of stairs and she is too heavy to be carried). Molly argued that there would be no need to access the bedroom as the kitchen, playroom and bathroom were all on ground level. This was rejected by social work. Her other option was to use a sitter service however her social worker told her there was a two year waiting list for this. By this point Katherine was no longer in her partner provider nursery and Molly and Paul were trying to juggle their jobs to be home in time for Katherine returning from school. This resulted in Paul getting a warning from his work and Molly loosing her job. Molly was now very stressed, emotional and worried about the financial difficulty she was facing without a job. On top of that Katherine was growing very quickly and required a new bed, wheelchair, standing frame, hoist and car seat. Some of these items were provided by the NHS but the rest had to be bought by the family. After six weeks of unemployment, the agency that Molly had registered with had found a suitable job for her. Molly was financially dependent on working three days per week so returned to the stress of trying to find childcare. Eventually Capability Scotland’s Childcare for All service found a nursery that were willing to charge Molly for the three hours per day that Katherine required (all other nurseries had rejected this saying that parents had to pay the full fee for a half day which was an extra £10 per day). Katherine settled into the nursery well and Molly started her new job and the family now have a payment plan in place to settle their debt which accumulated over a few short months. Also, the family were offered a respite place at Capability Scotland’s Westerlea Early Years on a Friday morning which will allow Molly to have some time to herself. This case study highlights the daily difficulties and expenses faced by the parents of a disabled child. Child care is difficult to access and help from friend and/family is not always available when the child’s needs are complex. This family could have easily fallen into very difficult financial circumstances within a few more months if the situation had continued. Thank you for the opportunity to respond to this consultation. If you require any further information please do not hesitate to contact: Hanna McCulloch Senior Policy Adviser Capability Scotland Head Office Westerlea 11 Ellersly Road Edinburgh EH12 6HY Tel: 0131 347 1037 hanna.mcculloch@capability-scotland.org.uk 11