Disability Assessment Services

Derek Thomas Excerpts

Wednesday 13th March 2019 Westminster Hall

[Derek Thomas (St Ives) (Con)]

I am grateful for the opportunity to speak in this debate, Sir Christopher, and I congratulate my hon. Friend the Member for Chichester (Gillian Keegan) on securing it. I know that the Minister, who is almost a constituency neighbour, is fully engaged in the issue, and we should be in no doubt about how committed she is to finding a way through.

[Vicky Ford]

Would my hon. Friend like to take this opportunity to put firmly on the record what a brilliant Minister and champion for disabled people she is?

[Derek Thomas]

I am sorry that I did not make it quite as plain as my hon. Friend did, but that was the point that I was trying to make.

I am fortunate that in my office I have a member of staff who used to work in the DWP, before I pinched him. He has taken this issue seriously, and we work hard and often successfully to support people who find themselves challenging, and struggling because of, PIP decisions. My office has seen numerous cases of the DWP accepting a poor medical report containing obvious errors and incorrect recommendations from medical services. If those reports had been returned at an earlier stage, decisions would have been overturned immediately.

We have also seen numerous cases in which the mandatory reconsideration has rubber-stamped the original decision, failing to reflect in any detail what the constituent has said or to refer to any new evidence provided, and in which the DWP has failed to send new medical evidence for a medical opinion—I mentioned that earlier—to contact the constituent to find out more, or to consider further evidence when it is provided. Therefore, once a mandatory reconsideration is done, it must go to appeal. I know that is often very much the responsibility of work coaches and individual jobcentres, but there is a need for leadership in addressing the problem.

Resolving any disputes without the need for an appeal will help to ensure that people receive the right decision earlier in the process. Avoiding a tribunal saves money and time for everyone concerned. I am reluctant to mention the Minister’s constituency and county, but the tribunal statistics for the Truro tribunal centre in this financial year show that 351 PIP appeals have been cleared, with the DWP’s decision upheld on only 32 occasions. We have heard other tribunal statistics this afternoon, but in Cornwall 90% of tribunal appeals are won. That must be addressed; we need to look at what is going on in Cornwall.

A constituent of mine was awarded no PIP at all, but on appeal was awarded higher mobility and daily living components within minutes of attending the tribunal. I dropped off my member of staff as I went to another meeting on the way up to London, and he texted me within 15 minutes to say we had won—it was almost immediate, because the minute the tribunal started my constituent was awarded the higher allowance.

[Mr Jim Cunningham (Coventry South) (Lab)]

Like the hon. Gentleman and his office, we have had cases—in particular those related to PIP and other benefits—where it has been questionable whether people will get their benefits through examination. I know that the Secretary of State is looking at that, but it also strikes me that the companies who do the assessments are not well managed and, more importantly, their staff are not trained properly. Does the hon. Gentleman agree?

[Derek Thomas]

That is fair. I sit on the Select Committee on Work and Pensions with other colleagues in the Chamber, and we hear such examples all the time.

I met the individual I am talking about and I could see clearly that he should have been getting the higher mobility component. An assessor who had asked the right questions and inquired after the person’s clear and obvious physical difficulties would have discovered their whole life was adapted to be independent, and a tribunal would absolutely have been avoided.

On a few occasions, medical services for PIP assessments have stated that tribunals are not as “restricted as we are”, when justifying the fact that tribunals are often successful for the claimant. Our understanding, however, is that they all follow the same legislation and the same medical handbook, so it can only be down to poor information gathering, poor questioning and poor decision making.

The Minister knows about what I will mention now, and I am sure that she shares my concern. If the DWP did not rubber-stamp mandatory reconsiderations, as it does, people in Cornwall would not be left in desperation, causing them to turn to organisations such as Benefit Resolutions, which charges clients £100 before it even looks at the cases. Then, from some of our most vulnerable people, it takes 15% of tribunal winnings in commission. It no longer attends tribunals, and it uses aggressive tactics with the DWP, other offices and its clients. Going by the results claimed on its website, Benefit Resolutions has taken almost £200,000 from the most vulnerable people in Cornwall over the past four years. There have been numerous complaints about its conduct throughout Cornwall, and the previous charity related to it, which was called Bufferzone, was closed down following an investigation by the Charity Commission.

I take the opportunity to remind people that the many free-to-use services include Citizens Advice, Counselling and Benefit Support, disAbility Cornwall and MPs’ offices. I have serious questions about the work and moral justification of companies such as Benefit Resolutions. I would always encourage people to make contact with the organisations that I have referred to. However, the truth remains that Benefit Resolutions and companies like it exist only as a result of incompetent and poor service provided by the system.

To conclude, I will read from a letter that has been submitted as a formal complaint to the DUP, I mean the DWP—probably not the DUP, though they might do a better job—which clearly sets out the case being made this afternoon:

“Last week I had a PIP assessment which lasted an hour and a half. They ask you really hard questions like do you think about committing suicide, and you have to go over again and again how your disability or illness has affected your life.

I understand they have to assess people and I am grateful there is somewhere that we can ask for help in this country, but the system is failing and more importantly it is hurting people…This was my third assessment in three years. It was gruelling and left me completely distraught afterwards. Having to face how much my life has changed and how little I can do now in comparison to before is very difficult. Watching the person who is sitting in on your assessment with you get visibly upset by the process is heart-breaking.

I have probably over 20 supporting letters from doctors, neurologists, colorectal surgeons and healthcare professionals. These letters state that I am not going to get better. That things are likely to deteriorate for me. Not fun reading. I hand them all over willingly.

A week later I got a phone call saying that I would have to be reassessed again. The healthcare professional had not gathered enough evidence. They were at my house for an hour and a half asking me question after question. I have support from all my doctors. How could they not have enough evidence? They could not answer that question. My father asked for management to call back the next day. They did not, and have not fulfilled that request. Instead I was booked in the next day for another assessment. Not just a few extra questions. I have to go through the whole thing again.”

Thank you, Sir Christopher.

[Sir Christopher Chope (in the Chair)]

I will call the wind-ups at 10 past 5 o’clock, which means that we have about 12 minutes and four or five people wanting to speak.