52 Baroness Bull debates involving the Department of Health and Social Care

Thu 23rd Feb 2023
Mon 7th Mar 2022
Health and Care Bill
Lords Chamber

Lords Hansard - Part 1 & Report stage: Part 1
Mon 31st Jan 2022
Health and Care Bill
Lords Chamber

Lords Hansard - Part 2 & Committee stage: Part 2
Mon 17th Jan 2022
Tue 7th Dec 2021
Health and Care Bill
Lords Chamber

2nd reading & 2nd reading & 2nd reading

GP Appointments

Baroness Bull Excerpts
Thursday 23rd February 2023

(1 year, 2 months ago)

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Lord Markham Portrait Lord Markham (Con)
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I am clearly aware of that. At the same time, I am very aware that we want to make sure that people are able to see a doctor when they need to and are not deterred from that. So we would have to tread very carefully and it is definitely not in our plans at the moment.

Baroness Bull Portrait Baroness Bull (CB)
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My Lords, given that a dual system of online and in-person GP interaction is inevitably the future and that virtual appointments are clinically appropriate in some circumstances, what are the Government doing to increase public confidence in virtual interactions with their GP? How will they ensure that all triage systems do not disadvantage those groups who are less likely to vocalise their preference or to advocate for the urgency of their own needs?

Lord Markham Portrait Lord Markham (Con)
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Absolutely. One of the key benefits of the digital approach is the triage system. We all know that a lot of people who call at 8 am for an appointment could probably be well served by a pharmacy, a physio service or nursing. So proper triage through a digital-type system is a big step forward. It will end up with them being able to make an appointment with the pharmacy, physio—or the GP in this case. It will also free up resources so that those people who are not able to access digital services are able to get through at 8 am and speak to a person. So I really believe there is a win-win for both sides and personally I am very excited to take this through the House later in the year and see all the services that will be launched.

Mental Health: Advertising and Body Image

Baroness Bull Excerpts
Thursday 30th June 2022

(1 year, 10 months ago)

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Baroness Bull Portrait Baroness Bull (CB)
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My Lords, despite the fact that advertising prescription-only medicines like botulinum toxin to the general public is already illegal, Botox is still widely advertised online by providers of cosmetic procedures. Given the risks of amateur and poor procedures to physical and mental health, what steps will the Government take to improve the enforcement of existing rules so that the online environment is free of these illegal adverts?

Lord Kamall Portrait Lord Kamall (Con)
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A range of issues were looked at in the online advertising programme, including advertising on social media, where people get messages from in the first place, and what the most effective method is. What do we ban? What do we give advice on? What do we give warnings to? It is an incredibly complicated issue, but we are looking through lots of evidence that came in as a result of the consultation.

Social Care: Adults

Baroness Bull Excerpts
Wednesday 22nd June 2022

(1 year, 10 months ago)

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Lord Kamall Portrait Lord Kamall (Con)
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As the noble Baroness will acknowledge, some of the problems have been in evidence for a long time. Sometimes, we are tackling the legacy of this neglect of the social care system. At the same time, we have to remember that many social care providers are not run by the state; they are private providers. Following the People at the Heart of Care White Paper, we want to make sure that, first, we encourage better conditions for workers. We also want to make sure that local authorities determine a fair rate of pay based on local market conditions. We have seen an increase in the national living wage, which means care workers will get an increase. But we are looking at all this as part of the overview of the social care landscape.

Baroness Bull Portrait Baroness Bull (CB)
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My Lords, could the Minister comment on the March 2022 progress report on the Out of Sight – Who Cares? report, which came out in October 2020? It found that of the 17 recommendations, none had been fully achieved and only four had been partially achieved. Can the Minister say when Government will address these recommendations and end the excessive use of the dehumanising isolation, segregation and seclusion within adult social care?

Lord Kamall Portrait Lord Kamall (Con)
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On that specific question, I will have to go back to the department and get an answer. I will commit to write to the noble Baroness.

NHS Dental Services

Baroness Bull Excerpts
Tuesday 24th May 2022

(1 year, 11 months ago)

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Lord Kamall Portrait Lord Kamall (Con)
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The noble Baroness highlights one of the issues that must be addressed: those areas, particularly low-population areas, but also coastal and some rural areas which are so-called dental deserts. It should also be noted that a person is not necessarily permanently registered with a dental practice. You only have to register for as long as your treatment lasts, and if you cannot get treatment at one practice, you should be able to try other practices. You can try 111. I have heard various reports. Some people have told me that 111 is incredibly effective, while others have told me that there are still dental deserts in their local area.

Baroness Bull Portrait Baroness Bull (CB)
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My Lords, maternity exemption certificates provide free NHS dental treatment and check-ups for mothers during pregnancy and for a full year after birth. However, mothers who live in so-called dental deserts are denied this right, exacerbating health inequalities between different regions. Will the Government consider extending the duration of the maternity exemption certificate during this crisis of provision, so that more mothers can take advantage of their right to free dental care?

Lord Kamall Portrait Lord Kamall (Con)
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On the face of it, that sounds a reasonable suggestion, so I shall take it back to the department and see if the people there agree.

Health and Care Bill

Baroness Bull Excerpts
Tabled by
143: After Clause 155, insert the following new Clause—
“Social care cap for younger adults
In section 15 of the Care Act 2014 (cap on care costs), after subsection (4) insert—“(4A) The Secretary of State must ensure that regulations made under subsection (4) specify a zero amount for adults—(a) who are under the age of 40 when they first receive care and support to meet their eligible needs, or(b) who have eligible needs which first required care and support before they reached the age of 40.’’”Member’s explanatory statement
This new Clause would ensure that adults entering the care system under the age of 40, or who were under 40 when they first entered it, would have their care costs capped at zero, in line with the Dilnot report recommendation.

Personal Protective Equipment: Accounting

Baroness Bull Excerpts
Wednesday 2nd February 2022

(2 years, 2 months ago)

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Lord Kamall Portrait Lord Kamall (Con)
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It is important to recognise that, throughout the pandemic, people were in a state of panic and there were people dying every day. What we saw was the coming together of the state and the private sector, working in partnership in the best possible way. The vaccines started in university research but were then commercialised and exported by the private sector. People who stayed at home during lockdown were served by Uber and Deliveroo—hard-working people were serving us. This was the best of the public and private sectors, working together for the best of the British.

Baroness Bull Portrait Baroness Bull (CB)
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My Lords, across the Suffolk countryside, vast piles of shipping containers—some up to 60 feet high—full of this PPE are now lodged. Can the Minister say how long people in those areas are going to have to live with these monstrosities, which do not have planning permission? How much are the Government paying for this ad hoc storage on unsuitable sites?

Lord Kamall Portrait Lord Kamall (Con)
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The noble Baroness raises a very important point about storage costs, and we are looking at how we can reduce them. We have managed to reduce weekly storage costs at the moment, but one of the things we are looking at is how we can pass on, donate or sell some of the equipment that is in storage. We have certain standards, other countries have other standards, and we are making sure that we are selling stuff that meets WHO standards.

Health and Care Bill

Baroness Bull Excerpts
Baroness Campbell of Surbiton Portrait Baroness Campbell of Surbiton (CB) [V]
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My Lords, I support Amendments 233, 234 and 235 in the names of my noble friends Lady Bull and Lady Greengross and the notice of intention to oppose Clause 140 in the name of the noble Baroness, Lady Wheeler.

The amendments propose less punitive charging regimes for social care users, and the notice to oppose reverses the regressive changes to the existing provisions. I support all of them to highlight on this occasion the unfairness of the Government’s charging formula on one particular group in society: working-age disabled adults.

Government amendments to the Care Act disproportionately affect working-age people, especially those with lifelong disabilities who draw on support for their day-to-day needs. It is no secret that I have long campaigned against such charges. Amendments 233 and 234 propose a zero charge on disabled people between the ages of 18 and 40, and Amendment 235 replicates the Dilnot proposals adjusted for inflation.

Care and support for those who depend on it is no less fundamental than healthcare is to survival. Without my care assistant to help me eat, drink, move and breathe, I would die, as I would if I did not receive medical care. Without access to support, I could not contribute to my community, and I could not work or enjoy life, but to live like my non-disabled peers, I would have had to pay for my care until I reached an £86,000 cap from the age of 18. In effect, it is a financial penalty on disability.

Before charging was introduced, working-age disabled service users could save for their first home, provide for a family, fund a university education and afford all the extra costs of disability such as housing adaptions or an accessible vehicle—to thrive as equal citizens. I was very lucky. I grew up during that time, which afforded me the opportunity to aspire to the same ideals as my non-disabled peers aged between 18 and 40.

Coming from very humble beginnings, I did not have a financial cushion, but I worked hard, saved like crazy and spent wisely—all the characteristics that this Government want their citizens to emulate. And look, the policy succeeded, due largely to a then no-charging policy. Here I am today, participating in vital scrutiny, equal among my “peers”. If I had been born 25 years later, it would have been a very different story.

In his foreword to the Government’s disability strategy, the Prime Minister says that it is the Government’s

“determination to level up the country so that whoever and wherever you are, the spark of your talent and potential can be connected with the kindling of opportunity”,

yet this Bill introduces a social care means test which drives disabled people into poverty and places a cap on aspiration.

Those with assets of less than £20,000 will continue to pay out of their income towards the cost of their social care. This includes pensions, means-tested benefits and extra-costs benefits such as personal independence payment, disability living allowance and attendance allowance. They are all regarded as income in the social care means test. Local authorities will undoubtedly raid these entitlements, intended to fund additional disability costs, to pay for social care. The charging reforms do nothing to address this injustice.

Consequently, those without means, unable to supplement their income through work or savings, will be forced to go without vital support. With the hike in energy bills next April, some will also go without fuel. Charging for care will prevent these young people getting on with life and building up a nest egg. Once their savings reach £20,000, they will be looted and their future security denied.

Take Sarah, aged 34. She has a learning disability and lives in supported housing with social care support for meals, budgeting and running a home. She gets housing benefit for her rent, but with no assets and being unable to work, Sarah is reliant on disability benefits for all other essentials such as food, fuel, council tax, social activities and clothes. She has been paying £81 a week towards her care package but last April the council told her that this would increase to £125. It will take Sarah 13 years to reach the cap, living on only £160 a week. If she were under 25, it would be even less—£141. Sarah will pay the same as someone with assets of £55,000. How on earth can this be described as fair? Sarah, and thousands of others like her, will not be living. They will be barely surviving.

In his Second Reading speech, the Minister said:

“The Government recognise that their amendment to the adult social care charging system was considered controversial. However, it is necessary, fair and responsible.”—[Official Report, 7/12/21; col. 1779.]


What is fair about holding down disabled people in poverty? What is responsible about limiting their ability to survive and prosper? Rather than liberating them, this charging policy will undermine their well-being and lock them in a state of avoidable and costly dependency.

I ask the Minister to work with disabled people’s organisations, myself and my colleagues before Report stage to find a fairer way to enable these service users to thrive, and to consider essential care and support services as a long-term investment rather than a drain on the Exchequer. I urge Members across the House to support these amendments and, in doing so, offer younger working-age adults with care and support needs equal life chances.

Baroness Bull Portrait Baroness Bull (CB)
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My Lords, Amendments 233 and 234 are in my name and I am grateful for the support of my co-signatories and of Mencap and nine other working-age disabled adult charities, whose concerns these amendments reflect. Clause 140 would amend Section 15 of the Care Act 2014, which places a limit on the amount adults can be required to pay towards eligible costs over their lifetime. The Government intend to set that cap at £86,000, irrespective of age and income.

My amendments would “switch on” the section of the Care Act that allows different rates to be set for specific groups, and define one specific group as people between the age of 18 and 40 who are eligible to receive care and support. The effect would be to implement Dilnot’s recommendation that people entering the care system at or under age 40 have their care costs capped at zero. This would apply both to new applicants and to existing users who have accessed care and support since before the age of 40.

The Government have argued, and expert bodies have accepted, that no one will be worse off under their proposed charging reforms. But this does not make them fair and it does not make them just. They fail to recognise that people with mental, physical and learning disabilities will need additional care and support to participate equally in opportunities that many of us take for granted. They also fail to acknowledge that this inevitably leads to higher costs of living and leaves working-age disabled adults with little or no chance of accumulating assets or savings.

The Government’s impact assessment shows that savings and assets are particularly low among younger adults: 73% of 16 to 35-year-olds have made no plans to pay for social care, and ONS figures show that wealth for households where the head is 55 and over is 25 times higher than households aged between 16 and 24. But, of course, all these figures refer to the working-age population who are able to work and therefore earn, and employment rates among disabled people are shockingly low. Just 50% are in work, and this drops to 20% for those with a learning disability. This of course means many disabled people do not have access to regular earnings or career trajectories that deliver rising salaries. So, not surprisingly, disabled people have, on average, £108,000 less in assets than their peers without disabilities. According to the Joseph Rowntree Foundation, 38% of working-age disabled adults in the UK live in poverty.

On top of these limited opportunities to earn and save, most working-age care users have a long-term condition or disability that will require costly care and support long before they reach old age and, in many cases, from birth. Scope tells us that, on average, disabled people face £583 of extra cost for every month of their lives. And, of course, very few have the resources to self-fund their care. The vast majority are either below the lower capital limit or in the means-tested system. In this case, their care needs are assessed and those needs deemed eligible are part-funded by the local authority. Needs deemed ineligible are not funded, but they are still needs, and needs have to bet. Often, this is the kind of care that enables the interactions with the workplace and social and leisure opportunities that my noble friend Lady Campbell spoke about. As funding pressures on councils lead to further squeezing of eligibility criteria, as she described, more disabled people are having to fund more care from their own pockets.

But of course, as we heard when the Government introduced new amendments on Report in the other place, this contribution will not count towards the cap. Only the amount the individual contributes to the cost of their eligible care needs will count towards the cap—not the support they receive from local authorities and not the cost of ineligible needs, even though they are genuine needs and funded entirely from individuals’ own pockets. So the consequence of this controversial change is that those people least able to afford it will be spending a greater proportion of their assets and income on social care costs. Let us be clear: that income will come from benefits. The impact assessment says its calculations

“assume users do not make contributions to their care from their income and … all contributions are from user assets.”

But in the very next line, it admits:

“In reality, whilst income from employment is excluded from the means test, income from some benefits would be included.”


So disabled people not only face higher care and support costs but are less likely to be able to earn and therefore save—and they are experiencing parallel pressures on their benefits income from rising care contributions.

The Government’s analysis does not take this into account. These oversights in the analysis cast serious doubts on whether enough has been done to understand the specific needs of younger adults requiring care and how they differ from older people. No one would argue that older people do not deserve support, but it is hard not to conclude that the Government’s reforms are primarily concerned with people who develop care needs in later life, having built up assets and savings, at the expense of working-age adults with long-standing needs.

We have already heard the Minister this evening refer to the danger of unintended consequences. I urge him to consider the consequences of these reforms for those people who most need support and to consider my amendments as a fair and just way to protect them from catastrophically high costs they cannot afford for care they cannot afford to live without. “No one will be worse off” is not, I am sure, what this Government mean when they talk about levelling up. We can and should aim higher.

Baroness Thornton Portrait Baroness Thornton (Lab)
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I am standing here to speak in the place of my noble friend Lady Wheeler, because—as irony has it—she is a carer and has had to go home to care for her husband. I find that an irony. My noble friend wanted to speak at this point because we are very keen to make our points in the debate on clause stand part. First, I congratulate the noble Baroness, Lady Bull, who tabled Amendment 233, which leads the discussion on this highly controversial clause. She spoke with clarity and precision—and, of course, I thank her for her support of the other amendments.

Eating Disorders

Baroness Bull Excerpts
Monday 17th January 2022

(2 years, 3 months ago)

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Asked by
Baroness Bull Portrait Baroness Bull
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To ask Her Majesty’s Government what steps they are taking to improve support for people (1) with, and (2) at risk of, eating disorders.

Baroness Bull Portrait Baroness Bull (CB)
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My Lords, I beg leave to ask the Question standing in my name on the Order Paper and declare my interest as a vice-chair of the APPG on Eating Disorders.

Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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We are working to ensure that people of all ages with an eating disorder, or who are at risk of developing one, have access to the right support in the right place and at the right time. We are delivering on the ambitious transformation plans outlined in the NHS Long Term Plan and children and young people’s mental health Green Paper and provided additional investment this year to address pressures arising during the pandemic.

Baroness Bull Portrait Baroness Bull (CB)
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Does the Minister agree that improving support for eating disorders depends on improving understanding of their causes, prevention and treatment? Eating disorders account for 9% of mental health conditions in the UK but receive only 1% of mental health research funding. This leads not only to major evidence gaps but to fewer researchers, less research and the ongoing stigmatisation of the illnesses as a niche concern. Will the Minister’s department consider working with the NIHR on a long-term eating disorder research strategy to break this underfunding cycle, as it has for other health challenges, so that more effective support can be targeted on their prevention and treatment?

Health and Care Bill

Baroness Bull Excerpts
Baroness Bull Portrait Baroness Bull (CB)
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My Lords, I join other noble Lords in welcoming the noble Lord, Lord Stevens, to this House, and I join in the welcome for this Bill, in so far as it enables greater local collaboration to deliver integrated care. However, I also share concerns expressed across the House today that the Bill must do more to address the health inequalities exposed and exacerbated by Covid. The Bill offers a chance to make progress on reducing unfair, systematic and avoidable differences in health between different places and communities, yet its core duty in relation to this—

“to have regard to the need to reduce inequalities between patients”

in terms of access to and outcomes from health services —is unchanged from the existing legal framework despite this duty having failed to deliver the change required.

The narrow focus on access to and outcomes from health services ignores the key point that health outcomes are influenced most strongly by the social, economic and environmental conditions in which people live. As my noble friend Lord Mawson explained so well, NHS organisations are significant local players; they are rooted in their local communities, yet they operate at scale. By acting in place-based partnerships with local government, the voluntary sector and other anchor institutions, they could positively influence the broader social determinants of health in their locality; but retaining the current duty, as narrowly defined, misses this potential.

The new triple aim also fails to mention health inequalities, missing the chance to drive home the need for action. The Minister in the other place argued that the requirement to promote health and well-being, combined with existing duties, obviated any need for a specific reference, but the widening gulf in inequality suggests that existing duties are not enough. I hope that the Government will heed the calls today, including from my noble friend Lord Kakkar, for this omission to be addressed.

Also missing from the Bill is the explicit inclusion of parity of esteem for mental and physical health. A decade after the Health and Social Care Act 2012 placed a duty on the Secretary of State to secure parity of esteem, mental health services are still underfunded, with mental illness representing up to 23% of the burden of ill health but only 11% of NHS England’s budget. This Bill must unambiguously restate the commitment to parity, offsetting any suggestion that “well-being” be understood as a proxy for mental health; it is not the same thing.

One group disproportionately impacted by health inequalities is the 1.2 million people in England with a learning disability and/or autism. Annual mortality reviews have highlighted their increased likelihood of dying from causes that could have been treated, and of dying younger than their peers in the general population: 23 years younger for men with a learning disability, while for women it is 27. The NHS Long Term Plan prioritises people with a learning disability, while the Government’s autism strategy expects that all integrated care boards established by this Bill will have

“a named executive lead for autism and learning disability”.

So will the Government follow their own advice, and stipulate in the Bill that ICBs include this named lead?

Other noble Lords have spoken on changes to the cap. I want to highlight the impact on working-age adults in the social care means-tested system of the Government’s announcement on 17 November that local authority contributions towards care would no longer be counted towards the cap on a person’s total care costs. In England, a quarter of a million working age adults rely on social care to live independent lives, and they stand to be particularly disadvantaged. They are disproportionately asset- and savings-poor. They are likely to receive care for longer periods and therefore to accrue higher costs. They are also more likely to pay care costs that do not contribute to the cap, such as the cost of a personal assistant to enable them to work or enjoy social activities. Sir Andrew Dilnot proposed a zero cap on anyone developing an eligible need up to the age of 40 on the basis that they could not be expected to have planned for their needs, nor to have accumulated assets to pay for them. If the Government continue to reject a zero cap, how will they mitigate the risk of catastrophic care costs on those least able to bear them?

Finally, the Minister stressed again in his opening remarks that much of this Bill simply puts existing integration efforts into legislation or gives effect to policies emanating from the NHS itself; in other words, we are told that disruption is minimal. But this Bill is just one among a suite of reforms, White Papers, reviews, transformations and reconfigurations. The Government need to do more to articulate a vision for how they work together, and how, as a whole, they will deliver for communities, patients, service users and the workforce. They need to demonstrate to the people who will have to implement these changes, while dealing with the impact of a global pandemic, how all these measures will combine to significantly improve health and care.

Dementia: Art and Music-based Interventions

Baroness Bull Excerpts
Monday 22nd November 2021

(2 years, 5 months ago)

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Lord Kamall Portrait Lord Kamall (Con)
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The Office for Health Improvement and Disparities is looking at areas where there are clear disparities. As part of developing the dementia strategy, the Government are consulting with a wide range of stakeholders and ensuring that a diverse range of views from different communities is heard and that it is not targeted just at one particularly community.

Baroness Bull Portrait Baroness Bull (CB)
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My Lords, social prescribing is a key aspect of the NHS Long Term Plan. It has been described by the president of the Royal College of General Practitioners as an essential part of the toolkit for tomorrow’s doctors. Therefore, why is social prescribing absent from the core undergraduate curriculum in UK medical schools? Some schools offer optional modules, but there is no national consensus on what teaching should cover or how it is best delivered. Does the Minister agree that, unless social prescribing is integrated into the education of the future healthcare workforce, its benefits for patients and the NHS will never be realised?

Lord Kamall Portrait Lord Kamall (Con)
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The NICE quality standard on dementia, published in June 2019, includes guidelines for offering activities and social prescribing. They are also included in the NHS long-term plan. Obviously, different components are modelled that are social prescribe-enabled—not only music but other art-based activities. The education question will be for my noble friend in the Department for Education, but if the noble Baroness can write to me, I am sure that we can get the answer.