Social Security Claimant Deaths

Debbie Abrahams Excerpts

Thursday 4th July 2019 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

(Urgent Question): To ask the Secretary of State for Work and Pensions if she will make a statement to clarify what documents concerning the peer reviews and coroners’ reports into social security claimant deaths since 2010 are held by her Department, and whether all of these were supplied to Professor Harrington and Dr Litchfield, the independent reviewers of the work capability assessment.

[The Parliamentary Under-Secretary of State for Work and Pensions (Will Quince)]

The Department holds the original commission and final report for all peer reviews of disability benefit claimants’ deaths up to 2015. All these documents are kept for six years from the date of the final report. In October 2015, we moved from conducting peer reviews to internal process reviews. That change means we now hold more information, including the original commission, all emails relating to the case, the final report and any recommendations resulting from the internal review process.

As the House may be aware, the Welfare Reform Act 2007 committed the Secretary of State to publish an independent report on the work capability assessment each year for the first five years of its operation. In 2013 and 2014, Dr Litchfield led the fourth and fifth independent reviews of the WCA. The Department fully co-operated with the reviews and shared all relevant information as requested. To assist the WCA independent reviews and in response to a freedom of information request, we carried out a robust search to supply all necessary information to the reviewers. The record of the documents requested by or shared with the independent reviewers no longer exists, in line with the Department’s document retention policy.

We take the death of any disability benefits claimant very seriously indeed and always conduct an investigation into the circumstances where we are informed that the claimant committed suicide. As the review contains extremely personal information, it would not be appropriate to declare which individual cases were shared with the reviewers on this occasion.

[Debbie Abrahams]

Thank you so much, Mr Speaker, for granting this urgent question.

Let me refresh everybody’s memories following the point of order I raised about this yesterday. I have received a response to my letter of 10 May to the Secretary of State for Work and Pensions in which I expressed my concerns regarding the investigation and the information provided to the independent reviewers. I also asked for information on claimant deaths after being found fit for work following a work capability assessment, as well as on deaths in relation to the personal independence payment, and I still have not received any information on that.

In the reply from the Minister for Disabled People, Health and Work, nearly two months later, he said that although a

“robust and thorough search was carried out of information held by the Department…the outcome is that the Department does not hold any information”

in relation to what peer review reports were supplied to the independent reviewers. He also said that this was due to

“the length of time since the reviews were carried out, factors such as document retention policies, organisational changes and staff turnover”.

These documents relate to the circumstances of people’s deaths as little as five years ago. The independent reviewers were investigating the work capability assessment process, including the impact of assessments. It is deeply troubling that the Department appears to have no record of what was supplied to the reviews, especially as both Professor Harrington and Dr Litchfield say that they did not receive such documents. In the same response, the Minister tried to suggest that the reviewers did not request these reports. It prompts the question whether the Department’s record keeping systems are fit for purpose or whether these documents were deliberately withheld.

Can the Minister confirm that these documents were not sent to Dr Litchfield in 2013? Why does his Department not hold records on what information was supplied to Dr Litchfield and to his predecessor, Professor Harrington? The Minister said in his response that the retention policy is that the Department does not keep these records. I find that deeply concerning, considering other Departments’ requirements under the law to keep these data.

What steps will the Minister take to ensure any departmental reorganisation or staff turnover does not lead to the loss of such important and sensitive information in the future? Will he commit to an investigation into what happened to these documents, and will he report back to the House on the outcomes of this investigation? The Information Commissioner’s Office spoke to members of staff who were in the Department at the time of the Litchfield review. How many members of staff who were in the Department at that time still remain?

Has the Department approached Dr Litchfield and Professor Harrington about the information they received, and if not, why not? The letter I received yesterday from the Minister for Disabled People, Health and Work stated that the Department shared

“all relevant information which was requested by Prof Harrington and Dr Litchfield”.

However, if they were unaware of the existence of these documents, how could they request them? Given that their remit was to examine the work capability assessment and that many of these reviews and coroners’ letters contained grave concerns about the assessment process, why did the Department not provide them?

Since 2015, the Department has undertaken 84 internal process reviews, and six more have been received. The Minister will be aware of the ruling in John Pring v. the Information Commissioner and the Department for Work and Pensions, which led to the redacted publication of peer reviews in 2016. Will he commit to publishing redacted reports of these internal process reviews?

We are talking about the circumstances of people’s deaths, as I have said. A Government’s first duty is to protect their people—all their people—but they are failing the sick and disabled, and this reveals the enormity of that failure.

[Will Quince]

The Department takes the death of any claimant extremely seriously and always conducts an investigation into the circumstances. The Department is continually working to improve its safeguarding practices, working with partner agencies and local government. The Department is presently undertaking a review of the departmental safeguarding policy and guidance available to staff, which will report in the autumn of 2019. The scope of the review is considering what more we at the Department can do to support vulnerable claimants, with an emphasis both on ensuring safety and on working with partners to provide the necessary support when and where necessary. The review covers all areas of DWP delivery activities.

The last independent review was in 2014. As I said in my opening response, we do not hold emails going back over 12 months, under our document retention policy. My understanding, however, is that the documentation was not requested by the independent reviewers, but we hold such information on the peer review process for six years. I should stress that we would share outcomes and lessons learned. As the hon. Lady rightly pointed out, we have about 20 to 25 internal process reviews a year —they do not all relate to suicides—but I would stress that we are fully compliant with the law when it comes to data.