asked Her Majesty’s Government:
What steps they will take following the report by Action on Elder Abuse on money taken from older people by their families and carers.
My Lords, it is a very interesting report and confirms that there are serious problems to deal with. The Government are giving every consideration to measures which will effectively tackle the growing concern in our society on this matter. Older people and adults with disabilities have the right to expect that everything is done to minimise the risk of abuse.
My Lords, I thank the Minister for that helpful reply. Does he accept that more than £2 million was reported, through one helpline alone, as having been stolen from elderly victims by their own sons and daughters? This is more important than the situation with carers because they are less likely to do this, apparently. We know that older people are very reluctant to report their own children, so the true picture must be dramatically in excess of that. Therefore, will the Government accept the recommendations of the Health Select Committee inquiry in 2004 that, first, the financial abuse should be a specific issue for adult protection committees; and, secondly, that the regulatory bodies of health and social care should increase their surveillance of financial systems, including powers of attorney and, in care homes, the use of residents’ personal allowances?
My Lords, the noble Baroness is right that the data produced by Action on Elder Abuse come from an analysis of 470 phone calls that it received on its helpline, and that the breakdown of abuse was 53 per cent sons and daughters and 9 per cent carers and other paid workers. While that cannot be taken as statistically accurate in terms of the wider question, it is certainly cause for concern.
With regard to the Health Select Committee report and adult protection committees being asked to look at the issue of financial abuse, we do not believe there is anything in the current guidance that will prevent them doing so, but we will look at that. The regulatory bodies are independent, but I will ensure that the report is communicated to them so they can consider the point the noble Baroness has raised.
My Lords, the Minister, having recently been at the DWP, will recognise that in future the income of older people will come from a number of diverse sources and be more complex. In that case, does he accept that the lack of a clear definition of financial abuse itself leads to abuse? Does he also accept that there is a plethora of guidance available to different people—on the web, for example—but that some of it is conflicting, and that there is therefore a case for consolidated guidance that is available to private institutions such as banks, statutory authorities, family and informal carers, so that there is a common basis upon which to detect and prevent financial abuse of older people?
My Lords, financial abuse is defined in the No Secrets document, which is statutory guidance to local authorities. I accept that the definition used by ACE is wider. We are working to identify the scale of the problem, and we are using the ACE definition in that, but I will certainly ensure that we consider the question of definition.
We will consider the question of wider guidance in the context of the research now being undertaken into the scale of the problem. It is worth making the point, however, that we already have statutory guidance that local authorities should be following. I agree that there are a number of matters in the ACE report that need to be considered by other bodies such as financial institutions, and I hope they will do so.
My Lords, does my noble friend agree that we are talking about, in many cases, deception and theft? It is a simple matter of crime, which, in a domestic context, is extremely difficult to prove. Where complaints are received, will he urge the police to investigate vigorously?
My Lords, my noble friend makes an important point about some of the difficulties in pursuing cases. I agree with him, and I will ensure that the work being taken forward includes liaison with the police forces.
My Lords, last year this House agreed to establish a Commissioner for Older People in Wales to try to tackle some of these abuses. Is there any plan at all to consider such a commissioner for England, and possibly Scotland?
My Lords, we have a national clinical director in the Department of Health who is concerned with particular aspects of care for older people. My right honourable friend John Hutton is the champion for older people in the Government as a whole. Clearly I cannot give such a commitment, but we continue to look to give leadership in these important areas.
My Lords, does the Minister not agree that we have far too many commissioners as it is, and that we do not want any more?
No, my Lords. The commissioners we have are doing a splendid job. I also endorse the work of the national clinical directors we have appointed in the Department of Health, who are collaborating closely with their clinical colleagues.
My Lords, does the Minister agree that the increasing elderly population in this country and the concerns about end of life underline the importance of the retention in the hands of the medical profession of the decision whether patients should receive treatment or not for their end-of-life benefit, in the best interests of the elderly person in the same way as that should be decided in the best interests of the child?
My Lords, the noble Baroness is inviting me to tread in rather dangerous waters in relation to the debates which your Lordships have had on the Bill of the noble Lord, Lord Joffe, in the previous Session. The Government consider that this is an ethical matter on which Parliament must take the lead. I reflect that view today.