Welfare Reform Bill

Debate between Baroness Thomas of Winchester and Lord German

Tuesday 18th October 2011 Grand Committee

[Baroness Thomas of Winchester]

The noble Lord, Lord Foulkes, is bullying my noble friend, which is outrageous. My noble friend is exploring the issues around this question, which is perfectly valid in Committee.

[Lord German]

If the noble Lord wants me to answer the question, I can answer it, and will answer it in this way; I believe that the three underpinning policies behind this section of this measure are correct, but in order to achieve those we have to answer some of the fundamental questions, which the noble Baroness, Lady Hollis of Heigham, raised earlier on today. I have also tried to seek answers to those questions, because I have not found them. That is what we are here to do, and that is what the Committee stage of a Bill is about, it seems to me, but I am new to this particular Parliament. In the one I have come from, that is what we would do: explore these issues.

Employment and Support Allowance (Work-Related Activity) Regulations 2011

Debate between Baroness Thomas of Winchester and Lord German

Thursday 19th May 2011 Lords Chamber

[Lord German]

My Lords, I welcome these regulations. As the Minister said, they have been in train for some time. Progress on the process of helping people into work has been going on for several years now, so this is part of putting flesh on the bones of a project that clearly needs to be accelerated. As always when it comes to detail of this sort, it is the delivery that will cause the most anxiety in people who are trying to anticipate the conclusions that result from the implementation of these regulations. I would sum this up in an overarching phrase, that of fairness and even-handed treatment in the personalisation process about which my noble friend has spoken.

It is important to note that this marks a cultural change for Jobcentre Plus, particularly as regards how the staff have worked in the past. I approve of that because it is important to empower advisers so that they can make choices and decisions in order to be able to help people towards what will suit their individual circumstances. The consequence of that is that the advisers will have more flexibility that will enable them to treat people in different ways. That will be a considerable shift. Some months ago we observed that there was absolute direction from the centre to Jobcentre Plus offices. That resulted in different interpretations being made on, for instance, the number of job applications you could have before you were sanctioned. That was not envisaged by the Department for Work and Pensions and the Government. That largely came down to the strict top-down instructions being given. Now that we are offering freedom to Jobcentre Plus advisers, it is essential that they have the appropriate skills and training to be able to deal with the vast range of people coming before them. The questions of training and capacity are crucial. We know that the Department for Work and Pensions is not exempt from the overarching cuts that have to be made to budgets, so I wonder if my noble friend can assure me that these advisers, who are going to be so important in helping people get back into the workplace and thus productive in the British economy, will not be affected by the number of jobs available at the sharp end.

Personalisation, if we are going to take this perfectly appropriate approach, raises the spectre of a variation of views being offered to the same kind of people in different places. That is a consequence of offering freedoms. There are two counterbalances to that. The first is a lighter touch, but certainly some form of strategic approach set out in guidance from the centre to Jobcentre Plus advisers. Secondly, each Jobcentre Plus office should have some form of check and balance. People who feel that perhaps they have been treated unfairly should not have to go through a whole rigmarole, so advisers should themselves be subject to a check and balance to ensure that the decisions they take meet with the accord of their colleagues as well. In that light, words are very important. We have the word “appropriateness” to which I shall return later, and the term “good cause”, which covers a subjective decision but is important because it provides the flexibility needed when looking at a case that has been made by a customer which stands up and therefore needs to be tested. Clearly, if this is going to be left open to advisers, we must note that one person’s interpretation may be different from that of another. It is therefore important that a check and balance is available and that a sense of direction is given, but not in too heavy-handed a way that derives a distinct interpretation of good cause.

The personalised approach that these regulations give vent to will be more helpful if advisers themselves are able to access the full range of information about their customers. Why will the work capability assessments not be provided for the advisers? If they need to know about someone’s abilities and disabilities, something is already written down about it. Surely it would be more sensible to provide advisers with access to that information so that they can have a full picture before them when they speak to the customer. Only “some” discretion exists for this information being available to Jobcentre Plus advisers. Why will they not have that full level of knowledge, which one presumes will be available online anyway?

There are some lessons to be learnt from the processes—they have been going through very recently. Professor Harrington’s review pointed out that some considerable changes needed to be made to the way in which we handle customers. Those recommendations were accepted and are presumably being implemented as we speak. I should like an assurance from the Minister that those customers will be approached in the same way as customers who are carrying out their action plans for work assessments. I am anxious to ensure that no guidance is in any sense being misinterpreted or too literally taken. That is the test of getting it working.

I have a number of specific questions on the regulations. The regulations seem to say that there will be discretion for lone parents with children up to the age of 13, which seems to be the cut-off. Will that level of discretion be afforded to lone parents who have children between the ages of 13 and 16? I can think of two distinct examples. The first would be where a lone parent has a child who has some form of disability and needs to be at home when the child comes back from school. The second is the lone parent of a child who has come home from school. Despite their having told the child, “You are going to be on your own at home and you’d better look after yourself”, somebody complains to the school, and the school comes back to the Jobcentre Plus and says, “Why have you forced this lone parent not to be able to look after a child properly?” Discretion should be given in this area so that account can be taken of the fact that some lone parents of children between 13 and 16 need to be at home when their children get home.

The data provided with the regulations show a heavily weighted spread of people who will fall into this group in different parts of the United Kingdom. I come from Wales, which is likely to have the most people wanting help, and I wonder whether my noble friend could indicate whether the support given to advisers will be related to the number of cases that they are likely to take up.

I have two final points on the regulations. The first relates to review and evaluation. Professor Harrington’s work makes it clear that a continuing, rolling review of what has been done and whether objectives have been achieved is very important. This suite of regulations should not be exempt from that review either. Will the Minister consider extending the role of Professor Harrington to look at the impact of these assessments as well? The annexe to the impact assessment states:

“The evaluation is likely to include qualitative and quantitative approaches, alongside internal monitoring”.

I hope that the Minister will assure us today that the evaluation will, rather than is likely to, include some form of support for the regime of reviewing and making sure that it is absolutely correct.

Secondly, the Minister has just said that a big package of financial help will be provided for those who are furthest from the job market. He quoted the figures for the respective ESA groups: £3,700, £6,500 and £13,700. Those are large and sharp shoulders. In this discretionary and personalisation world in which we live, there are bound to be people who will fall just outside those boundaries on one side or the other. My noble friend referred to the issue of incentivisation payments: will they help to smooth out those shoulders? They are very steep steps and if you fall into one category it will be very difficult to get out over that shoulder.

My noble friend outlined particularly well the way in which these regulations will work but safeguards will be needed. The safeguard of reasonable behaviour by both the customer and the adviser is crucial. Will the advisers now have expert support, particularly when dealing with fluctuating conditions, mental health conditions and so on, in order that they can properly advise and be certain that that advice is of the best kind to meet the broad range of conditions they are likely to see?

In general, I am pleased to support these regulations as they appear.

[Baroness Thomas of Winchester]

My Lords, I, too, welcome this short debate about what the state now requires ESA claimants to do in order for them to receive the full benefits they are entitled to. If what happens on the ground is what we are told will happen in the regulations, in the Explanatory Memorandum and in the papers that my noble friend kindly sent us, then everything should go relatively smoothly and the results could be extremely encouraging and very welcome.

However, I fear that for many of us the elephant in the room is still the work capability assessment. I agree with my noble friend that this is not the place to discuss this because the regulations are about activity at least six months after the assessment will have taken place. However, the elephant is still there, lurking in the background, and I, too, look forward to Professor Harrington’s report on how the assessment deals with the two most difficult but commonest causes of people not being able to work—that is, mental health conditions and fluctuating conditions. I have been reminded this week about two fluctuating conditions which hardly get raised at all. They are both quite different from each other and make one realise how wide this field is: one is congenital heart disease, which is comparatively rare and completely hidden on the surface but can make someone feel fine one day and completely exhausted the next; and the other is Crohn’s disease and ulcerative colitis, where a person can be fine for a month or five years and then, without warning, have a severe flare-up which can make regular and demanding employment difficult. Incidentally, today is World IBD day—that is, inflammatory bowel disease day.

I was pleased to see in one of the documents that there is flexibility around the timing of a claimant undertaking work-related activity, which is extremely important. I was also pleased that the Minister in another place reassured our colleague, Stephen Lloyd, that decision-makers in Jobcentre Plus have the power to seek medical advice, if they need it, for people with particular conditions. This is extremely important because, as my noble friend Lord German said, decision-makers do not have access to the result of the work capability assessment. I assume this is for reasons of confidentiality, but it does seem perverse.

I endorse what my noble friend said about more training for JCP staff. I am pleased that they are being given more autonomy and flexibility and I am reassured that the Minister in the other place said that he was looking for ways in which the quality of training for JCP staff could be improved. This is an urgent matter if these new regulations are to be brought in very soon. Can my noble friend tell us which groups are advising him about this new and improved training and when the new guidance will be available?

To follow on from what my noble friend said on the culture at Jobcentre Plus offices, the attitude of personal advisers and decision-makers is as important as their knowledge of various conditions. A sympathetic adviser will do a great deal to reassure an anxious claimant who may be extremely fearful of trying to find work for the first time in a long while. What is the current role of disability benefit advisers in Jobcentre Plus offices? Do they have any specialised training in medical conditions? We heard some weeks ago that quite a lot of Jobcentre Plus offices are being closed, although it sounded as though the staff were being deployed elsewhere. Can my noble friend say a word about that?

Finally, one way to know if these regulations are working is that the number of appeals against a sanction will be low and the number of ESA claimants being helped into work will be high. I hope for a good result.

Jobseeker’s Allowance (Work Experience) (Amendment) Regulations 2011

Debate between Baroness Thomas of Winchester and Lord German

Wednesday 2nd March 2011 Grand Committee

[Lord German]

My Lords, I thank the Minister for introducing the regulations. My noble friend has outlined some of the key issues relating to why these amendments and changes are necessary. I certainly welcome them.

I shall start by explaining why, in my view, work experience is so valuable. If experience is the key word, then what is the most valuable experience that anybody looking for a job can have? It is surely the experience of real work. I shall come back to mandation, or the mandatory element, in a moment because, in any real work there is an element of mandatoriness—you turn up in the morning and, if you do not turn up very regularly, the employer does not wish to have your services for much longer. Even if the employer who gives you a work placement is not hiring, the job that you do will help you to get the key skills that are so valuable to boost employability in the future and to raise the chances of getting a job somewhere else.

When these amendments to the existing regulations were laid, I looked up the criticisms at the time of the previous set of regulations relating to this matter. I turned to the editorial of Personnel Today issued in September 2009. It seems to me that I can do no better than to quote a couple of key sentences in this editorial, written by the deputy editor. He said:

“It seems completely illogical that young people who show initiative and arrange work experience placements off their own back should be ineligible for jobseeker’s allowance”.

That is certainly the case. Why would you want to engage in this great experience if you are losing money? I echo the noble Lord’s sentiment: if you are going to lose money, why would you want to take on an experience of that sort? The editorial continued:

“The current set-up makes the presumption that if an individual is undertaking work experience then they are not actively seeking a job”.

This is, indeed, nonsense. We need to ensure that people who are getting the experience are on that ladder and pathway towards a job.

“And it also risks creating a two-tier system, where unpaid opportunities are only enjoyed by the more affluent”.

There are certainly examples of people trading off an opportunity to get their son or daughter into a form of work experience, where the jobseeker’s allowance does not matter to the jobseeker. However, there is a quid pro quo. The last sentence of the editorial says:

“But employers also need to look at their own policies and not use young people on work experience as a ready source of cheap or unpaid labour”.

That raises some key issues. First, as the editorial says, if the experience is to reflect what is in fact a real work opportunity and to give people an opportunity to see work in every aspect, are these regulations either too heavy or too lean on the mandation? I think that the Minister has got it just about right. If you turn up and find on day one or two that the job is not really what you have an interest in or is totally alien to you—in which case someone has failed to help you further down the line—you can turn away from it without penalty. However, when you stick it out for your first week and carry on with it, if you fail to undertake the normal aspects of being at work, you will clearly be subject to the same relationship as if you were at work. I think that that brings just about the right level of flexibility into mandation.

I have a number of questions about what constitutes work, where the work is placed and what a workplace is. Clearly, it is important that we place people in the best experience, which will help them to seek employment. This Government are particularly anxious that we should encourage the voluntary or third sector to engage. Do placements inside the voluntary or third sector constitute a place of work?

I also welcome but would like a bit more explanation of the flexibility of Jobcentre Plus in helping people to arrange work experience. The ability of the person to arrange their own work experience, to work with Jobcentre Plus to come to it together or for Jobcentre Plus to make the appropriate placement at a local level is crucial. Do we have the sort of experience and guidance for Jobcentre Plus employees to work in partnership with jobseekers and not simply to find them a place? The difficulty is also that, if the target for Jobcentre Plus is to get as many people into work experience as possible, you choose those who are easiest to get into placement. I have represented Merthyr Tydfil and Ebbw Vale, which compete with each other to be the most difficult places in the country to get people into work; these are places where long-term unemployment is a feature. My experience is that it is often the low-hanging fruit that makes these things difficult to achieve. I like to think that Jobcentre Plus will not focus only on those who are easy to get into these placements. We need rather to encourage this to work on a wholesale basis. Perhaps the Minister could reflect on that.

Finally, I go back to the editorial and the issue of whether employers will truly use the opportunity to give experience of work rather than simply finding someone who is an extra pair of hands to do a job that does not necessarily provide the right level of experience. I am talking about quality assurance. Will the Minister reflect on the nature of quality assurance that we will need to get from Jobcentre Plus staff when they seek to carry out these placements? These are a worthy set of amendment regulations and I trust that, with the appropriate guidance, the Minister will see success with their implementation.

[Baroness Thomas of Winchester]

My Lords, I shall add one or two comments. I, too, very much welcome these regulations. I was interested that the Minister said that they were aimed primarily at 18 to 21 year-olds. That presumably means that the Jobcentre Plus advisers have some discretion and that the only thing that is absolutely laid down is that the person must be over 18. Will that be known by all the Jobcentre Plus advisers so that they do not prevent anyone from getting a work experience placement if they are, say, 25? Someone may have had a very chequered career and may have been in and out of work; they might quite like to be involved in this scheme but may be over 21. Can the Minister clarify that? Furthermore, why did the Minister alight on the time span of two months? I would rather like one of these work experience people myself, but I suppose that the House of Lords is not an employer. It is a pity—maybe we should be.