Baroness Browning: My Lords, I refer the House to my registered interests regarding disability and health and I congratulate the noble Baroness, Lady Hollins, for bringing this very important debate to the Floor of the House. I begin with the part of the report that deals with annual health checks. Such checks for people with learning disabilities are an excellent way for doctors to pick up early even more...
Baroness Browning: I think the concern of the noble Baroness, Lady Emerton, was not about the discretion over whether or not to give the budget, but about discretion over how that budget should be spent. I think that she was concerned that the personal budget, if it were put into the plan in a certain format, might start to prescribe how the budget was spent. That, I think, is what she was concerned about and...
Baroness Browning: My Lords, I will speak to two amendments in this group, first Amendment 92ZZK, in my name and those of the noble Lord, Lord Touhig, and the noble Baroness, Lady Tyler of Enfield. This is very similar to an amendment that I tabled to an earlier part of the Bill, and it focuses in particular on transition: “In preparing a care and support plan, the local authority must have regard to the...
Baroness Browning: In the case that the noble Lord has just mentioned, would there be any question of the lady concerned being assessed as not having capacity?
Baroness Browning: As far as the eligibility criteria are concerned there is another indicator, which I have not heard mentioned in this debate, and that is the number of people who challenge their local authority through the courts. Currently—from my own experience of case work, particularly with those on the autistic spectrum and with learning disabilities—many local authorities, when challenged legally...
Baroness Browning: My Lords, I speak to Amendments 88B and 88N in this group. The noble Lord, Lord Touhig, has added his name to Amendment 88B, which is about the need to co-ordinate between two pieces of legislation: this Bill and the Children and Families Bill, which is also going through the House. It focuses on assessment, particularly at the time of transition from children’s to adult services. That is a...
Baroness Browning: It is important that qualified social workers are present for the initial assessment. One of the things that might come out of our scrutiny of the existing Mental Capacity Act is the fact that the assessment of capacity requires professionals. Social workers clearly have a part to play in that. Whether the person has capacity, partial capacity or no capacity at all, at that point some advice...
Baroness Browning: My Lords, I will speak to two amendments standing in my name in this grouping. The first is Amendment 86H, to which the noble Baroness, Lady Pitkeathley, has put her name. This deals specifically with proportionality and early identification in providing information and advice. In its report on adult social care, the Law Commission argued that it was essential that the issue of...
Baroness Browning: I agree with what the noble Lord said. Something that is rarely mentioned but is often a solution for many elderly people when they go into care is not that their house is sold but that it is rented out. That can be a very viable, practical and suitable solution. Local authorities never mention that, and nor do they have the means to provide such a service.
Baroness Browning: I declare my autism interest in the Register to the House. Does my noble friend accept that the Department of Health is the lead department on the Autism Act, but that other departments have responsibilities as part of the strategy? He will be aware of the finding of the Upper Tribunal (Administrative Appeals Chamber) in a case against the Secretary of State for Work and Pensions that the...
Baroness Browning: My Lords, what assessment have the Government made of the potential for early payment schemes for the cash flow of small businesses?
Baroness Browning: My Lords, I refer to the register and my charitable interests. I am also the named carer for an adult with a direct payments care package. I support the amendment of the noble Baroness, Lady Greengross, although I must tell her that I have listened very carefully and I share some of the concerns about which is the right body. However, the argument for the principle of her amendment is well...
Baroness Browning: My Lords, it gives me great pleasure to follow the noble Baroness, Lady Emerton, in these matters. She has not only a lot of knowledge, but a great deal of personal experience. I always listen carefully to what she says. I refer the House to the register and to my interests particularly in certain charities which I shall mention. I, too, share the welcome that has been widely given across the...
Baroness Browning: My noble friend will be aware that the Mental Capacity Act was not mentioned or used at Winterbourne View and that we have seen one too many reports from Mencap about the deaths on hospital wards of young people who have a learning disability or autism. In the next 12 months, this House will carry out post-legislative scrutiny of the Mental Capacity Act. Will my noble friend ensure that his...
Baroness Browning: My Lords, I sense that I am going to disappoint my noble friend Lord Dykes. I am not going to be gloomy, but I have to say to my noble friend on the Front Bench that my mood today is cautious for the following reasons. My noble friend was not in the House when I made my maiden speech in 2010. I am sure that other Members present recall it very well. That was a joke. At the time, with the help...
Baroness Browning: To ask Her Majesty's Government, further to the Written Answer by Lord Freud on 27 February (WA 327), what assessment they have made of the operation of the habitual residence test.
Baroness Browning: My Lords, having brought the licensing laws through this House in 2011, which at the time had support across the House because there was recognition that the abuse of alcohol that is outlined today is really a very serious problem, I ask my noble friend not to be deflected in any way from putting together a package of changes-it needs to be a package-that will address this problem. Having...
Baroness Browning: To ask Her Majesty's Government what representations they have made to the World Health Organization and others about the 11th revision of the International Classification of Diseases.
Baroness Browning: To ask Her Majesty's Government who in the Department of Health is the lead official in respect of the 11th revision of the International Classification of Diseases; and which Minister has responsibility.
