Welfare Reform Bill

Baroness Hayter of Kentish Town Excerpts

Tuesday 17th January 2012 Lords Chamber

[Lord German]

My Lords, to concur with the noble Lord’s last sentence, this is a matter of accountability. I refer to Amendment 50ZA, which applies only to England. Members of the House of Lords will be very familiar with the fact that other parts of the United Kingdom will receive this money, and I would like some confirmation from the Minister on the arrangements that are to be made for Scotland and Wales. If, as I understand it, this money is to be transferred by means of the Barnett formula, the amendment will apply only to England. I wonder how it is possible to seek accountability for money that has been given by this Parliament for the services that are so vital for people within the current arrangements for the Social Fund. This is not an anti-devolution to local government statement, but the lines of accountability here do need to be judged. If we are devolving the power for that accountability to the Welsh and Scottish Governments, we need to state that now, and noble Lords need to understand that this is a further devolution of responsibility. Many noble Lords may accept this, or like it, or find it an attractive proposition, but the Government’s intention in this respect is as yet unclear to me.

[Baroness Hayter of Kentish Town]

My Lords, I am not sure whether the noble Lord, Lord German, is for or against the amendment, but all the other speakers have clearly supported these amendments. This is quite sensible, because the amendments all set out to ensure that vulnerable people can continue to access support once the Social Fund has been devolved, to whomsoever.

The first amendment in the group implements a recommendation of the Select Committee in another place. It would provide some reassurance about the effectiveness of the new system of helping those in need, and clearer information to local voters about whether their local authority is choosing to spend less than the allocated amount. It does nothing to restrict local discretion in how to implement the Social Fund replacement scheme; it merely places a requirement on the local authority, as has been said, to account for it. I think that all noble Lords who spoke would support that, and I feel sure that this is an aim that the Minister, similarly, will support.

The second amendment in the group, as was spelled out, would ensure that the use of local connection rules cannot prevent, for example, care leavers, the homeless, those fleeing domestic violence—the noble Lord, Lord Blair, spoke about them—and those leaving institutional residential care accessing Social Fund-type support. It is true that it ties the hands of local authorities a little, but only to ensure that groups that might be very much in need of support are not left with nowhere else to turn. As we heard, for many women fleeing domestic violence, community care grants are vital in helping them to set up a new home and perhaps buy a cot, a bed or a cooker. Given that many women need to enter refuges or other homes away from their former partners, they will often be unable to meet local connection rules.

We know that, among people who use the discretionary Social Fund, one in eight is leaving some sort of institutional care; nearly one in 10 is leaving prison; and one in five has at some time experienced homelessness. I work in Camden with people who have alcohol problems. There are a lot of train stations in Camden, so a lot of people arrive on our doorstep. At the time we help them with their drink problem, they will not be in the same area where they have lived and worked for perhaps 30 years.

Although I understand that the noble Baroness, Lady Meacher, will not press her amendment, I urge the Minister to consider it. We know that although universal credit budgeting loans could be available for rent in advance, crisis loans will be abolished before the introduction of universal credit, and it could be some time before the new system is set up and reliable. We know from our experience of many new IT systems that even the best laid plans occasionally go wrong. We have had many assurances from the noble Lord, Lord Freud, about the robust nature of the system being put in place, but it would be prudent to ensure that a national safety net remains while we wait for him—we hope—to be proved right on this occasion. I said “prudent” but it is probably vital that we continue to guarantee national access to community care loans and crisis loans until the universal credit system is set up. Once national systems have been devolved, the accountability that my noble friend spoke of, as well as the local connection rules, will be an essential part of helping these vulnerable groups. We are happy to support all three amendments in this group.

[Lord De Mauley]

My Lords, when we discussed the Social Fund last week, I hope I was able to offer reassurance in two key areas. First, I informed noble Lords that we would extend the 2014-15 review of a cross-section of local authorities to include information about the way they have used their funding for the new local provision. Perhaps I may return to that in a moment.

I was also able to assure your Lordships that the settlement letter that noble Lords referred to today that will accompany the funding will set out what the funding is to be used for and will describe the outcome that must be achieved—although, for reasons I explained, not the method that should be used to achieve the outcome. After further consideration of the issue, and following questions from noble Lords, I am able to explain what the settlement letter will contain. The letter will set out what the funding is to be used for, the underlying principles, and describe the outcome that must be achieved. It will say that the funding is to concentrate resources on those facing greatest difficulty in managing their income, and to enable a more flexible response to unavoidable need. The letter will make explicit that the funding is to provide a replacement provision for community care grants and general living expenses crisis loans.

The letter will go on to explain that community care grants were awarded for a range of expenses, including household equipment, and were intended to support vulnerable people to return to or remain in the community or to ease exceptional pressure on families. They were also intended to assist with certain travel expenses. It will also explain that crisis loans were made to meet immediate short-term needs in an emergency or as a consequence of a disaster when a person had insufficient resources to prevent a serious risk to the health and safety of themselves or their family. As I said in our discussion of Amendment 50 last week, I assure your Lordships that we are equally committed to ensuring that this funding goes to help the most vulnerable.

Amendment 50ZA would require the Secretary of State to publish information on the amount of money given annually to each local authority. I can assure your Lordships that we already plan to publish this information on the DWP website. On community care grant budgets, noble Lords might like to be aware that work has been done since Committee to make the funding distribution fairer by changing the funding allocation methodology.

It is each local authority’s responsibility to decide what type of support it provides with these funds. We have already been made aware of a variety of innovative ways in which local authorities plan to use this money, such as furniture re-use schemes, working with credit unions, investing in existing projects or joining up with other organisations in the area. For example, the fieldwork undertaken by the department shows that rural local authorities had very different ideas from those of urban authorities, and would embrace the freedom to design and establish local provision that suits the particular challenges they face.

Some benefit recipients cannot even afford the delivery of free goods from support schemes. During the fieldwork, the department was made aware of the fact that a local authority in Yorkshire is considering using some of the new funding to pay the delivery fees charged by an existing provider for the delivery of free goods to benefit recipients and other low income groups. This demonstrates the benefit of tailoring support to the local area. This initiative is particularly useful in a rural area, as it would have been far more expensive for people to arrange their own deliveries than in an urban area. This service would help people on the lowest incomes to receive free household goods that they might otherwise be simply unable to access.

Another example of innovative thinking came from a local authority in the Greater Manchester area, which said that it would use the funding to expand the local credit union, as this already provides household goods to people on low incomes. Expanding the scheme would increase access to affordable credit for those on low incomes and reduce the reliance on high-cost and illegal lenders. Yet another different approach to the new provision is that of a local authority in the south-west, which has been looking at how commissioning services would boost the local economy, providing new skills and routes back into employment and out of poverty.

As I hope is evident from these examples, giving local authorities the responsibility for deciding what the new local provision will look like allows for innovative new schemes that are tailored to the local area.

--- Later in debate ---

[Baroness Hollins]

My Lords, I shall speak briefly in support of this amendment and Amendment 50B. I spoke at length in Committee in support of the requirement for the decision-maker to collect evidence from the claimant’s own health professional, and I do not intend to repeat myself. However, I should like to make a specific point about the requirement in Amendment 50B that,

“persons approved by the Secretary of State to undertake assessments have specific training in all mental, intellectual and cognitive disorders”.

This is because it is necessary to state that specialist skills are required in assessing someone with autism, learning disability or mental illness, and I know that it is intended that such expertise should be provided. However, most medical doctors do not have these skills. Indeed, Professor Steve Field, when writing about the NHS Future Forum in connection with the Health and Social Care Bill, pointed out in his most recent papers that it is of some sadness and regret that most doctors do not have training in these specialties, particularly those relating to learning disability and autism.

The other point I should make is that in psychiatry these are also specialist skills and not all psychiatrists have them. All will be good at assessing mental illness, but not all will have expertise in assessing people with learning disability or autism. That requires additional or different specialist training. I wish just to draw that to the Minister’s attention.

[Baroness Hayter of Kentish Town]

My Lords, these amendments would improve the assessment process for the new PIP and allay the fears of many people with disabilities that the poor experience of the ESA assessments, where around 40 per cent have been successfully appealed, is not replicated under the new benefits system.

Amendment 50B relates to the training of those undertaking face-to-face assessments to ensure that they have knowledge of mental, intellectual and cognitive disorders, clear guidance about when to access more specialist advice, and a guarantee that such advice will be available. In Committee, we received some encouragement from the Minister who stated:

“Assessors will be required to have a broad training in disability analysis as well as training on specific impairments … we intend to ensure that they have sufficient training in mental, intellectual and cognitive impairments … and will stipulate this in our contracts”.—[Official Report, 16/11/11; col. GC 263.]

Perhaps the Minister could let us know what budget has been set aside for such training.

Amendments 50C and 50D would exempt certain people from a face-to-face assessment where sufficient evidence is available via other means. This would actually save money for the Government. I hope that the Treasury is listening. Implementing face-to-face assessments was to have cost about £675 million. The amendments would reduce the costs by removing from the process claimants for whom a face-to-face assessment is clearly unnecessary. This would help those with lifelong or degenerative conditions, for whom a face-to-face assessment could be stressful. For example, about half those with MS or Parkinson’s are receiving the highest level of DLA. Putting them through an expensive and stressful face-to-face test seems unnecessary.

Again, we received some assurance in Committee. The Minister stated that,

“where there is already sufficient evidence on which to make a decision … we completely agree … a face-to-face consultation should not be required”.

I hope that the flexibility would be there for that. However, he also argued that other than for those with a terminal illness,

“we do not agree that there should be different rules or processes for different groups of people … on the basis of impairment type”.—[Official Report, 16/11/11; col. GC 261.]

Yet, if the Minister is prepared to accept that those with a terminal illness should not be subject to unnecessary assessment, surely the same argument could be applied to those with degenerative conditions where there is no hope of improvement. We look forward to any assurances the Minister can give that unnecessary face-to-face assessments will not be necessary.

If he is not persuaded by me, perhaps he will be persuaded by someone of his own political background—the Mayor of London, Boris Johnson. I have never quoted from one of his speeches before. He writes:

“Evidence from the individuals GP and/or a consultant will provide an accurate assessment of need. It would be difficult for a healthcare professional in a one-off meeting to elicit a comprehensive response about the daily reality for each claimant. Face-to-face meetings … could prove … inappropriate for an individual who may have difficulty with social contacts, such as those with autism, or for those with an intellectual or mental health disability”.

This brings me to the first amendment in this group which would ensure that the assessment process always takes account of evidence from the claimant’s old healthcare professional. It builds on the experience of the work capability assessment for ESA and is to help the Government to avoid history repeating itself. Unfortunately, in this case, it would be as tragedy not farce. The problem with the current proposals is that they put the onus on the claimant to collect the medical evidence and also to have the knowledge that would be helpful to provide this. As we have seen with ESA assessments, it is exactly this that often leads to unnecessary duplication as a case is assessed and then reassessed in the light of the evidence from the GP or professional. The initial failure to consider such evidence has contributed to the very high and expensive success rates.

In Committee the Minister argued that while medical evidence could be of use, he felt that it was not necessary to gather evidence in every case. He said:

“In some cases what the claimant has already told us … will be sufficient. In other cases, information … might be likely to add only limited value”.—[Official Report, 16/11/11; col. GC 261.]

Surely it would be better to err on the side of caution, given the widespread inaccuracy of the ESA assessments and the need to ensure that the personal independence payments do not follow the same route. Medical evidence is bound to assist the decision-maker in far more cases than those in which it proves unnecessary.

This is a modest amendment. It seeks to ensure that the introduction of personal independence payments proceeds smoothly and more importantly to ensure that the right benefit is paid to the right people. I hope the Minister will accept this. Certainly it would have our full support.

[Lord Freud]

My Lords, I could summarise my speech in about three sentences. I am in agreement with virtually everything said in the Chamber. I hope that after my three sentences I will be able to provide assurances. My only point of real disagreement is that I do not want it to be mandatory—in primary legislation. This is in regard to the point made by my noble friend Lord Kirkwood that it reduces flexibility and we are much better off setting it up in regulations and guides and in the contracts. That is our proposed approach but fundamentally we are absorbing all the valuable points made on this group. I will try now with some speed to go through those assurances. I ask noble Lords to stop me with the precise assurance they want if I am not making the assurance well enough.

Amendment 50A was semi-withdrawn by the noble Lord, Lord Touhig, but I will try to deal with it because it is a building block. People being assessed can bring in someone with them—a relation, a friend or a professional—to help them. That is really important in the group we spent a lot of time on this afternoon relating to autism and Asperger’s. When people are over-bright their relation can make the point about the reality and the over-anxiety of the person being assessed. That would be an active role in the process.

I turn now to Amendment 50B. Clearly, we need to make sure that assessors have all the appropriate training to interpret the evidence that they are provided with. I have to make the point that it is not a medical assessment PIP. It does not ask the assessor to diagnose a condition or to recommend treatment options. It is different. It looks at how the conditions or impairments affect individuals’ everyday lives. That is a different skill set from that involved in treatment. There is not quite the same level of need for specialist skills but it is our intention that assessors will have a broad training in disability analysis as well as training in mental, intellectual and cognitive impairments. That level of training will be stipulated in our contracts with any providers and we will be responsible for signing off the training syllabuses. There will be occasions when assessors need more specialist support in the course of making these assessments. We will ensure that they have access to and support from individuals who have the in-depth knowledge that the noble Baroness, Lady Meacher, mentioned with regard to mental health conditions.