Atos Work Capability Assessments

Cathy Jamieson Excerpts

Thursday 17th January 2013 Commons Chamber

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

It is a pleasure to follow so many passionate speeches this afternoon and to say a few words on behalf of some of the constituents who have contacted me. Like many hon. Members, I have held meetings in my constituency. I have also met Parkinson’s UK and the local branch of the Multiple Sclerosis Society, and received representations from many cancer patients. I hope the Minister can say something about their situations and about how descriptors affect cancer patients.

However, I want briefly to highlight other issues. There is a perception—notwithstanding what Atos or the Department for Work and Pensions says—that there are targets for placing numbers of people in the various groups. One constituent got in touch with me when he found out about this debate. He states:

“Getting a copy of the ESA85 report…to which everyone examined is entitled was like getting blood out of a stone.”

The man was found fit to work despite being on crutches and in constant pain at the time. He said:

“When I eventually received a copy I found that the examiner had stated clearly that I was found unfit for any kind of work and would remain so for at least two years.”

He tells me that when he tried to follow that up via the DWP, he was left with the distinct impression that staff had been advised, encouraged or instructed that everyone was to go into one of the employment support groups rather than be deemed completely unfit for work. I am sure the Minister will be able to comment on that.

Another issue that people frequently raise with me is about consultants. People who have seen consultants for medical conditions for a number of years feel that their consultant and general practitioner know their condition well, but they suddenly find that the Atos examiner takes a very different view. I have one example of a gentleman who was brought to my constituency office by a neighbour. He had had his third WCA in May 2012 and was zero rated. On the previous two occasions he appealed, and his appeals were upheld on the basis that the tribunal decided that he had reduced awareness of everyday hazards, leading to a significant risk of injury to him or others, and was therefore not fit for work.

That gentleman was brought to my office in August 2012 because he was awaiting his third appeal and was distressed by the process. Obviously, we gave him advice. On 8 October, the neighbour contacted me to say that the gentleman had passed away. We have heard a few such examples in the debate, but I hope the Minister realises the stresses and strains and the problems caused to family and friends when people are waiting for extended periods for their appeals.

I should briefly mention mental health, which was mentioned by a number of hon. Members, and again quote a constituent who contacted me this week. He says:

“I have been treated by my GP for over seven years for this illness, he is aware of the ups and downs, and the debilitating effects I am subject to. How can a registered nurse make a decision on my mental health in 41 minutes, most of which was asking questions about my physical health? This is what happened at my Atos WCA…There must be a change to the way people with mental health problems are dealt with by the system. I have spent the time since my WCA in June in misery, and the weeks leading up to the tribunal hearing in a mix of terror and stress. I was terrified at the tribunal itself.”

That is no way to treat people in a civilised society. The gentleman says that he is

“part of the last generation of ‘stiff upper lip’ and ‘put the best face on it’ people.”

He says that that “works against” him because he does not fit what he describes as the stereotype of someone with a mental health problem.

We need a system that is sophisticated enough to deal with those situations, but also one that is fair enough to ensure that people who are in the last weeks of their lives are not left in misery while they await tribunals.