Ten Years of the Work Capability Assessment

Danielle Rowley Excerpts

Wednesday 24th April 2019 Westminster Hall

[Danielle Rowley (Midlothian) (Lab)]

My office team has experience of constituents challenging assessments and getting nowhere until they come to our office and we get a reconsideration straightaway, which gives the impression that they are not taken seriously. It is the exact same evidence, but they are not listened to until we get involved. Does my hon. Friend agree that that is a sad state of affairs?

[Justin Madders]

I find that disappointing, but not surprising. The fact that the appeals success rate is so high suggests that not only the initial assessment is flawed, but the mandatory reconsideration stage is not a proper appraisal of the full merits. Perhaps that takes place only when Members of Parliament get involved. A cynical view would be that the mandatory reconsideration stage is just a hurdle put in front of people to make life a little more difficult for them. I am shocked that recent figures for the appeal stage show that the DWP does not even bother to turn up to about 80% of the appeal hearings.

I want to pay tribute to my fantastic local CAB, which represents people at the appeal hearings. However, it cannot help everyone, and it is the people who are not able to get representation I worry about.

Given my constituents’ experiences, there is no doubt that the original assessments are flawed. Many decisions are overturned at tribunal, and it seems the system does not learn from its mistakes. For example, one constituent was assessed five times in eight years of being on ESA. At each assessment she was found fit for work. On each occasion she appealed and on each occasion she won that appeal. In the process she paid £150 to get medical evidence to support her appeals. How can the assessment process get it wrong five times? How can the absolute waste of public money that five separate appeals must have cost be justified when the final decision was the same every time? What does it say about the Government’s approach to people with long-term conditions? How many times does someone have to prove that they are ill and unable to work?

Last-minute cancellations have also been an issue. I have heard from constituents whose assessments have been cancelled on the day the assessment is due to take place, and in some cases the constituents were actually at the assessment centre when their appointment was cancelled. That seems to be particularly the case when the assessment is scheduled for a time after half past three. The most recent example involved a lady who was struggling when entering the assessment centre. Obviously, it is a very stressful experience. She was shaking, crying and not engaging, and then she was told that her assessment would be delayed by another 45 minutes, at which point she became so distressed that she had to leave the centre and cancel the appointment. That is a callous and uncaring way to treat someone. When one of my constituents rang up two days before her assessment to give notice that she would not be well enough to attend, she was told that it was too late for the assessment to be rescheduled and she would be recorded as a no show. It is double standards of the highest order.

In conclusion, people with long-term conditions deserve compassion, respect and support. They should not be made to feel they are on trial because they are ill.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I congratulate the hon. Member for North West Durham (Laura Pidcock) on securing this debate and on the tone that she set at the beginning.

I was first elected in 2015 and I have spoken out repeatedly about the damage that the assessments and the way in which they are carried out do to my constituents and constituents across the United Kingdom. Although I am glad to speak in this debate, I am really annoyed that it is necessary, because it should not be. The Minister is not hearing anything today of which he is not aware. He knows exactly what is going on and it is not acceptable that we come back time after time to say the same things over and over. I know the Minister will tell us about changes that have been made and about people who are not reassessed if they have got a severe disability or a lifelong illness. He will tell us that people with progressive conditions requiring a high level of support will be assessed only every 10 years. I say to him that that is all very well and good, but it simply is not good enough.

The Disability Benefits Consortium, made up of 80 different charities and organisations, has stated that it did not think assessors had sufficient expertise to carry out assessments. Respondents who had seen a copy of their paperwork following assessment said that it “badly” or “very badly” reflected the answers that they gave. We all know that to be true when we speak to our constituents. Citizens Advice has told us that 81% of its advisers report inaccuracies in work capability assessments, so the information is out there. It is in our constituencies and in our surgeries, and I know it will be in the Minister’s inbox as well.

Constituents in a state of extreme distress have told me that they felt the questions they were being asked at the assessments were extremely intimate, invasive and inappropriate. Discussing very intimate details of your medical challenges with a panel of strangers in a context that causes the claimant distress and nervousness very often sets back the claimant’s health, exacerbating their condition, and all of that is before they are told, often incorrectly, that they are fit for work, with the paperwork not accurately reflecting the answers that the claimant gave at the assessment.

Some 51% of ESA claimants are recorded as having a mental or behavioural disorder as their main disabling condition. Rethink Mental Illness has published a report that states:

“Assessments can be traumatising and anxiety-inducing”

in a system that requires claimants to

“collect their own medical evidence”,

and it

“inherently discriminates against people with mental illnesses”.

Often a false sense of security is created where assessors appear friendly and ask questions supposedly by way of a preamble to the formal interview: “Do you have pets?” “Do you have a dog?” “Do you walk it?” “What lovely weather we’re having.” “Do you like to sit in the garden?” All the questions are asked as if it is casual conversation, only for the claimant to subsequently discover, upon receiving his or her paperwork, that their assessment decision has been reached on the basis of answers to the so-called casual questions instead of on the medical evidence presented. I think that is sinister.

[Danielle Rowley]

The hon. Lady is making an important point. I have a constituent who was asked if they could get a pen out of their bag, and they did, and then that was put down in the assessment. She was in floods of tears at my surgery because she felt she had been tricked. It is just awful.

[Patricia Gibson]

A false sense is presented to the people, some very vulnerable, when they go to the assessments, and it is simply not good enough. The simple fact is that the system—the Minister knows this—which is a partnership with the private sector that has been in place since 2008, brought in under Labour, opened the gates, but the Minister has to understand that it has opened the gates to a place where folk who are sick and disabled are commodified, and it is not working.

Nearly half of women involved in work capability benefit tests have attempted suicide. We have seen the reports of claimants being asked, “Why haven’t you killed yourself?”, and even a double amputee being told he was no longer eligible for the mobility aspect of his disability living allowance. Sadly, such stories continue to emerge, and we have heard today about the very sad case of Stephen Smith, with which I am sure the Minister is familiar.

I have heard DWP Ministers say—I cannot remember whether this includes the Minister here today—the number of successful appeals against decisions shows that the system is working. I must confess I have never heard such stuff and nonsense. The number of successful appeals shows that too many incorrect decisions are made, which deny the most vulnerable in society, the sick and infirm, the support that they need and deserve. That is why the Scottish Government are committed to taking a lead on obtaining medical evidence so that claimants are not burdened with it. That is why there will be no private sector involvement in assessments, so that there will be no profit motive for it to declare claimants fit for work when it is not in a payment-by-results system. That is why the Scottish Government say that claimants will be offered a location and time and date that suits them for assessment, with home visits for those with travel difficulties, and that is why they have said audio recordings of assessments will be standard to ensure accuracy and transparency.

I urge the Minister and the Government to step up and admit that the current system punishes those who are unfit to work and those who are sick, and cruelly strips them of their dignity. I hope that the Minister will admit that it does not work. I urge him to look at the measures that the Scottish Government will implement and take a leaf out of that particular book. The current system does not work for my constituents in North Ayrshire and Arran. It does not work for anyone’s constituents. I ask the Minister to do the right thing: reach out a compassionate hand to those living with a disability. Anyone who is a Minister for Disabled People should do no less.