War Pensions: Appeals Process

Bob Stewart Excerpts

Wednesday 13th March 2019 Commons Chamber

[Justin Madders]

My hon. Friend is absolutely right. There are many scandals that are not going to go away and will not be resolved until truth and justice are delivered, so I support his call entirely.

I would like to discuss the review and appeals process, because it has utterly failed to assist my constituent to receive the war pension to which he is entitled.

[Bob Stewart (Beckenham) (Con)]

This soldier was in my regiment and I suspect in my battalion. May I ask the hon. Gentleman whether his constituent has consulted regimental headquarters, either in Chester or in Lichfield?

[Justin Madders]

I thank the hon. Gentleman for his intervention. I do not know the answer to that. My constituent has sought numerous sources of assistance throughout the years, some of which I will go into. This has proved to be an extremely time-consuming and convoluted process, which has caused him unnecessary stress—the hon. Member for Strangford (Jim Shannon) referred to that—and has undoubtedly exacerbated his ill health and affected his quality of life. Opportunities to act and put things right were repeatedly missed throughout the handling of his case. I hope that his experience has not been repeated in the other 588 war pension appeals cases that, at 11 November 2018, were still in train.

As I have stated, my constituent was awarded a war pension at 50% and a lower standard of occupation allowance in 2012, following as assessment that noted that Mr Cottrell

“cannot walk more than 200m without stopping or severe discomfort”.

Upon leaving the Army, he worked as a tutor for Manchester College for a number of years, delivering training to professional drivers, which included on-the-road training as well as classroom-based training. In 2013, he applied for his pension from the college to be released early on health grounds. He was referred to Dr Nightingale in December 2013, via the occupational health team, for an assessment to be made. Dr Nightingale concluded that he was unable to work as she did not

“envisage significant recovery to facilitate return to work in due course to enable ‘gainful employment’ at 30 hours per week, every week, on a sustained basis for a 12 month period”.

As Mr Cottrell was unable to work, he submitted a deterioration claim to request a formal review of his war pension assessment in January 2014 and was sent for an assessment with Atos Healthcare in April of that year. The report from this assessment is scattered with errors, which is not surprising, given that Mr Cottrell informs me that he was not asked all the questions that appeared in the report. We have all heard about the errors and indignities our constituents have suffered during these assessments, and earlier today I took part in a Westminster Hall debate on disability assessment services, where Member after Member brought up harrowing examples of flaws with the assessment procedure. Now is not the time to rehearse those massive flaws in the way those assessments are carried out, because, flawed though that assessment was, I am here today because of opportunities that were not taken afterwards to put the situation right.

--- Later in debate ---

[The Minister for the Armed Forces (Mark Lancaster)]

I start by congratulating the hon. Member for Ellesmere Port and Neston (Justin Madders) on securing this evening’s debate on this very important subject. At the outset, I should pay tribute to all members of our armed forces, in whichever service they serve in, for their bravery and commitment to protecting the values and freedoms that we are so fortunate to enjoy in this country. I am sure that the House will agree that both they, and those who served before them, are deserving of an enduring debt of gratitude by the nation. That is precisely why debates such as this are so important and why, as I said, I congratulate the hon. Gentleman for his persistence in this case.

The Government’s concern for servicemen and women does not end when they leave Her Majesty’s armed forces. In the context of this debate, we are determined to ensure that, where they have been injured, they have speedy, fair and transparent access to pension and compensation rights. The hon. Gentleman rightly raises the case of his constituent, Mr Cottrell. He also rightly highlights that this has been the subject of extensive ministerial correspondence now over some four years, Indeed, I was the Minister’s predecessor, so some of the correspondence has been with me. Therefore, I am only too well aware of that case.

The hon. Gentleman goes into enormous detail of the case, and much of that has been dealt with in the detailed correspondence that we have had. For the purpose of the debate this evening, it would not be in the House’s interest for me to go through all of that detail, not least because I do not have time. There is a wider point here about how this process works. What I would like to do—I will come back in some detail later—is to touch on some misunderstandings about how this process works, or is seen to work. Crucially, I hope also to touch on how we are looking at improving this process so that, hopefully, cases such as this will be more transparent and will not go through the long-winded process that we have seen.

The tribunal was created in 2008 as part of the unified tribunal system, which was established at that time under the Tribunals, Courts and Enforcement Act 2007. Formerly, it was dealt with by the pensions appeal tribunal. There are separate tribunals for veterans in Scotland and Northern Ireland, but United Kingdom law applies throughout. I will come back to the separation of process, because that is one area where we can improve.

As the tribunal service is part of the Ministry of Justice, I stress that any decisions reached at appeal are wholly independent of any decisions that may have been reached by the Ministry of Defence. The first-tier tribunal has jurisdiction to hear appeals from veterans who are unhappy with a decision reached by Veterans UK, the organisation that receives claims from service personnel under the compensation schemes that it administers. Veterans UK administers two schemes: the war pension scheme, which deals with injuries sustained or aggravated by service in Her Majesty’s armed forces prior to 6 April 2005; and the armed forces compensation scheme, which deals with injuries sustained in service on or after 6 April 2005.

The tribunal appeals process is determined by the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008. I will explain how the process works. A claim is made by the claimant to my officials within Veterans UK. We have heard about that. They assess the merits of the claim and reach a decision based on service and medical records and external medical evidence from the claimant’s general practitioner and hospital consultants, as appropriate. A claim may typically be for a disabling injury or battle stress psychological disorders. If Veterans UK does not allow the claim, the claimant can seek a review of that decision. In the case of a claim under the armed forces compensation scheme, that is called a reconsideration. If the decision remains the same on review, the claimant may appeal to the first-tier tribunal, but they must do that within one year of receiving written notice of the Veterans UK decision. In the case of claims under the armed forces compensation scheme where a reconsideration has not been requested, that will none the less be carried out as part of the appeals process.

Following an appeal against a decision being made to my officials within Veterans UK, it prepares what is known as a response document. That document includes all the evidence upon which the decision under appeal was based, along with any relevant medical and legislative information. A copy of that is sent to the tribunal service, the appellant and their representative at the tribunal. Once that has been received by the tribunal service, it begins the process of listing the hearing at a venue as close to the appellant’s home as possible.

The appeal to the tribunal is a full-merits hearing, which means that it is a complete reappraisal of the case. The appellant can bring evidence and witnesses to the tribunal and the panel is made up of a judge, a medical member and a service member. The panel ensures that proceedings are balanced and inquisitorial in their approach. Tribunals are less formal than court environments and every effort is made by the panel to assist appellants in putting their case. Sometimes appellants are helped by members of various support groups and charities such as the Royal British Legion, the Royal Air Forces Association, Combat Stress, Blesma: the Limbless Veterans, the National Gulf Veterans and Families Association and UK armed forces charities.

[Bob Stewart]

I thank the Minister for giving way, and I thank the hon. Member for Ellesmere Port and Neston (Justin Madders) for securing this debate. I make the point to the House that one of the things that Mr Cottrell might or might not have done is lean on his friends in the Ellesmere Port company. There is a Cheshire Regiment old boy network there, and that is very important. If the hon. Gentleman would like to give me more details—I seem to remember a Cottrell serving with me in Bosnia—I will make sure that there is a connection.

[Mark Lancaster]

My hon. Friend makes an important point: while there is very much a process—this goes very much to the heart of our armed forces and how we operate—the wider support mechanism through the regimental associations that he describes can also offer significant assistance to our veterans, particularly when they have to go through what can be a fairly challenging and difficult process. I hope the hon. Member for Ellesmere Port and Neston will follow my hon. Friend’s advice and do that.

Let me return briefly to the tribunal process. A decision of the first-tier tribunal can be appealed to the administrative appeals chamber, or the upper tribunal, if it appears that there may have been an error of law. England, Wales and Northern Ireland are the only parts of the United Kingdom where appellants in these cases must lodge their appeal with Veterans UK rather than the tribunal itself. Indeed, it is unique in this regard in the unified tribunals system. I appreciate the concerns of many stakeholders in this area of law, expressed over several years, that this inconsistency is undesirable. Indeed, the complexity of the process seems to have made a contribution to the hon. Gentleman’s constituent’s case. It has been suggested that the fact that Veterans UK is part of the MOD means that there is a lack of independent assessment of claims. However, the Government are satisfied that Veterans UK is scrupulous in assessing veterans’ claims. While it is accepted that there can sometimes be a delay in the sending of appeals documentation from Veterans UK to the first-tier tribunal, this is an inherent risk in any system in which there are separate tiers of administration.

The process in Scotland is quite different. There, appeals are sent by veterans directly to the tribunal. This is known as direct lodgement. The Government agree that direct lodgement should also apply in England and Wales, although for this to happen there would first need to be changes to the tribunal’s procedure rules, which are made by the independent Tribunal Procedure Committee. Subject to the necessary changes being put in place by the committee, the Ministry of Justice intends to introduce direct lodgement as part of an ambitious programme of court and tribunal reform in which it is investing about £1 billion, and which is already under way. The aim is to introduce direct lodgement for veterans’ pension and compensation appeals in England and Wales next year—in 2020—if we can, but because of other work ahead of it in the reform programme, I cannot give the House the firm assurance that that will happen.

I would like to draw the House’s attention to the vital role played by my officials within the Veterans Welfare Service. They can and do assist our veterans in submitting compensation claims, and provide advice about how to submit an appeal should they be unhappy with a decision reached about their compensation entitlement. In addition to this, the welfare service can provide help and advice on a much wider range of issues, including access to charitable assistance, housing and entitlements to benefits from the Department for Work and Pensions.

The hon. Gentleman is absolutely right to draw the House’s attention to the challenges that his constituent has met while going through this process. While the principal substance of his appeal was dismissed, there has been an apology for some of the handling of his case. I hope that I have taken this opportunity to outline to the House how we are looking at ways of making this process better and more fit for purpose in future.

Question put and agreed to.