Work Capability Assessment Consultation

Lord Palmer of Childs Hill Excerpts

Tuesday 5th September 2023 Lords Chamber

[Baroness Sherlock (Lab)]

My Lords, I thank the Minister for repeating the Statement and for advance sight of it. The way we support sick and disabled people in this country is of huge importance, both to the millions directly affected and their families and to our country as a whole, and it says something about who we are as a nation. Labour believes passionately that everyone who can should be able to access a decent job, with all the financial and other benefits that brings. That is why we have been so concerned at the Government’s failure to address the disability employment gap over such a long time. Nobody should be shut out of the workplace when, with the right help and support, they could be working.

We are now in a position where an astonishing 2.6 million people are out of work as a result of long- term sickness—the highest number ever, and up almost half a million since the pandemic. This is a serious problem for individuals and a challenge for our country. The Government have been warned for many years now that benefit assessments are not fit for purpose and, crucially, that unless we have a proper plan to support sick and disabled people, even more people will end up stuck out of work when they do not need or want to be.

So what can be done? Our approach has been to set out some serious plans in this area: to transform back-to-work help by personalising employment support and tackling the huge backlogs in our NHS and social care; by offering an “into work guarantee” so that people can try work without worrying about losing their benefits—something that has had widespread support both from the voluntary sector and within Parliament; to make sure that employment support meets local needs by devolving appropriately to local areas; and to make sure that, when disabled people get a job, they get the support they need when they need it, not several months down the line.

By contrast, this consultation is rather small in scope. The Statement seems to suggest that the Government have decided that the main problem is that too many people who undergo a work capability assessment are classed in the higher rate, and therefore the only way to solve that is to change the criteria. We will look at the outcome of this consultation carefully but let me ask a few questions of the Minister now.

Is the sole intention of this exercise to reduce the number of people who are classed as having limited capability for work and work-related activity? If so, by how many? Is there a target? The Statement says that the current situation

“is excluding significant numbers of people from receiving employment support”.

Will the Minister tell the House whether DWP could choose to offer employment support now to people who are deemed LCWRA?

If in future more of these millions of people were classed as simply having limited capability for work, rather than in the higher area, would that make any other difference to them, as opposed to just getting employment support? Might it affect how much money they were given to live on while they were waiting to get a job? Can the Minister tell us how these proposals will address the total inadequacy of decision-making, which causes untold stress and wastes millions of pounds?

The Minister pointed out that the Government have longer-term plans. The Health and Disability White Paper outlined plans to abolish the work capability assessment altogether and replace it with a single assessment, which will be the PIP—the personal independence payment assessment. I do not want to be mean, but PIP is hardly a model of good practice: 80% of PIP decisions get overturned at tribunal, and only 2% are down to new evidence. In any case, these plans are way in the future, beyond this Parliament. If the proposals contained in this consultation will not come in until 2025, when will we possibly see the plans that will not even be considered until after the next election? Will the Minister give us some idea of when, if his Government were returned to power—I accept that it is an “if”—they would expect to see those plans come to fruition?

We need a big plan now to help sick and disabled people who want to get back to work—after all, the backlog for Access to Work payments has trebled to 25,000 since the pandemic. Where are the proposals to bring that down? Where is the plan to slash the waiting lists for those who are struggling with anxiety and depression, which is keeping them out of the workplace? Where are the plans to give help to carers to support their sick and disabled loved ones so they can get back to work?

I understand what the Minister is trying to do, but the truth is that this is tinkering around the edges of a system which is failing sick and disabled people. It is not providing the help they need and, in the meantime, our NHS and social care, on which sick and disabled people depend more than anyone, is being run into the ground. We need more than this and we need it soon.

[Lord Palmer of Childs Hill (LD)]

My Lords, what a mixed message there is in this Statement. The first page of the Statement that the Minister so kindly read says how successful the Government have been in getting people back to work and in the next part it tells us how we need to get more people into work. If ever a message was mixed, that is it. It is not a good story, and the fact that it needs consultation shows that. With all this so-called success, the Statement says that the policies are, in its words, “holding back human potential” so let us have the old idea of consultation.

Flexible and home working usually require that the employee has adequate access to space and technology to safely work. This is even more the case for someone with a disability. Will the Minister say whether the Government will also commit to extra funding for the aids, adaptions and technology required to take up work- from-home opportunities?

The Minister, in rereading the Statement, is suggesting removing descriptors. Will the Government also review additional descriptors, which can impact on someone’s ability to work? At the moment, fatigue is not a descriptor. However, we know that this is a significant symptom for people with long Covid, MS and pain conditions. Sitting at a desk—we know all about sitting on the Benches here in the Lords—for long periods, even for people who do not need to leave their house, may be no less fatiguing. Will the Minister consult to make sure a safety net is kept in place?

I am concerned about the consultation on substantial risk. We know that, for many people, engagement with the DWP can create anxiety and worsen their mental health. In doing his review, will the Minister take the opportunity to get his own house in order and make employment support a positive experience and not one that has, sadly, seen so many people come to harm and even take their own lives?

Finally, in the real world, when somebody comes before someone at the Department for Work and Pensions, how consistent will the DWP be in treating them in the way they should be treated? I am worried about the balance between helping people into work and forcing people—and I do mean forcing—to give up on support for those least fortunate in society.