Work Capability Reassessments

Esther McVey Excerpts

Wednesday 5th December 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Work and Pensions (Esther McVey)]

I thank the hon. Member for Edinburgh East (Sheila Gilmore) for calling this debate, and thank all hon. Members who contributed so constructively. The matter is of great importance to the hon. Lady, who has raised the concerns on many occasions.

The Minister for Employment, the lead Minister responsible for the work capability assessment policy, is on Government business in Brussels today and has asked me to pass on his apologies. I will answer questions as fully as I can, but if I do not answer in as much depth as hon. Members would like, a full written response will follow.

I understand the concerns for people who are claiming and who appear to be called back for reassessment soon after a successful appeal. First, I want to make clear why it is important to call people on ESA back for reassessments at appropriate intervals. People are entitled to ESA for as long as they satisfy the entitlement conditions. To ensure that people receive benefit correctly, it is important that they are called for reassessment from time to time, to ensure that they still meet the entitlement conditions. People’s health conditions can change and we need to ensure that they remain in the correct group, for example, the work-related activity group or support group. This is a normal part of receiving ESA and is important to ensure that people continue to receive the right support. This active approach to the benefit is crucial and is having an impact.

[Ian Swales (Redcar) (LD)]

The Minister talks about the need for reassessments. Can she confirm whether the Government have provided any instructions about whether face-to-face or physical assessments are needed? People being assessed at a distance—the so-called “under scrutiny” method—is a growing problem in my constituency. Can she confirm whether that is a policy, because it is certainly giving rise to a greater number of wrong assessments?

[Esther McVey]

I will come to that point a little later.

The number of working-age people on ESA and incapacity benefits as of February 2012 was 2.56 million, which is the lowest level since the introduction of IB in 1995. Early estimates to September 2012 suggest that overall the numbers on these benefits are further decreasing and for the first time the data have gone below 2.5 million.

[Sheila Gilmore]

Is the Minister aware of the research that the DWP carried out for some of the early applicants for ESA, which showed that after a year of being found fit for work, 43% were neither on an out-of-work benefit nor in employment? This fall in the number of people on benefit may be the result of their simply getting nothing and disappearing out of the system. Is she concerned by that?

[Esther McVey]

Of course, that would concern me; it would be of concern to anyone. Everybody will be followed up and duly represented and given sufficient support. However, we would have to look into those numbers. Those who are on benefit get the support they need, in contrast to previous approaches through which they were abandoned to a lifetime on benefits. Those who have been found fit for work now claim JSA, an active benefit with a proven track record of getting people into work, as the falling unemployment figures have shown.

On the cases raised this evening, it is important to note that if someone appeals against a disallowance decision, the tribunal considers the evidence, the law and the claimant’s circumstances at the time of that decision. If the appeal is upheld and the claimants are awarded ESA, they are quite rightly required to attend a further work capability assessment in the same way as any other ESA claimant—the timing of the reassessment is the issue. It is not true that the time frame set for the work capability assessment remains fixed by the original decision maker when the fit-for-work decision was made. If an appeal has been upheld, the date for the next WCA is decided afresh by a decision maker; re-referral dates chosen can be three, six, 12, 18 or 24 months later, depending on when it is considered most appropriate for claimants to have their next contact with the Department.

[Julie Hilling]

What concerns me is those people who will always have such a condition or who have a progressive condition, meaning that they will only get worse. What about them? To continue to reassess them and put them through that stress feels absolutely wrong—I cannot think of a better word—

[Julie Hilling]

Cruel, yes. Why are we doing that to that group of people who will never get better?

[Esther McVey]

I completely take on board the hon. Lady’s point. Part of the decision maker’s process is that all the available information will be considered, including: any recommendations made by the tribunal; any factors the tribunal took into account in reaching its decision; the health care professional’s advice from the previous assessment; and any medical evidence submitted after the appeal was made. Other considerations will include the type of limited capability for work, whether the limited capability is likely to change for better or worse and how likely any surgery or other significant improvement is.

[Jim Shannon]

In my earlier intervention, I mentioned the possibility of medical evidence being sought before any decision. Have the Government considered direct contact with the GP so that an assessment of the person can clearly be made on a medical basis?

[Esther McVey]

As I said, all factors will be taken into account for the individual having an assessment. It is true that a small number of claimants are asked to attend a further work capability assessment as little as three months after a successful appeal, but only after careful consideration of all the available evidence by the decision maker. Our latest data show, however, that that only happens in around 5% of cases. As part of our ongoing commitment to continuous improvement, the process was reviewed, with revised guidance issued to decision makers in February 2011 to ensure that they were actively considering a suitable re-referral date, so that claimants are called back when most appropriate for them.

Following the recommendations from Professor Harrington’s year two review, a regular audit of decision-maker performance is now conducted via the quality assurance framework, whereby checks are made on a sample of ESA and IB reassessment decisions. We also conduct twice yearly calibration exercises at a national level to ensure consistent application of the quality assurance framework. More than 90% of decisions met the required standard each month between February and September 2012. Additionally, due to changes introduced in July 2012, we have improved the process for receiving feedback from the tribunals if the tribunal has overturned the original decision. Judges now have the discretion to include a recommendation of when the next WCA should take place on the tribunal’s decision notice. The decision maker will take account of that recommendation when setting the review date.

I recognise that the number of appeals that the Department receives, as well as the effect on the individuals concerned, is an emotive issue. I also acknowledge that the volume of appeals has increased significantly over recent years, but that, too, is being addressed. I want to ensure that the decision making is right first time around, which was a focus of Professor Harrington’s independent reviews of the WCA. He has made a number of recommendations to support such an approach to decision making. As a result, we have: changed how we communicate with claimants, to explain the process more clearly; put decision makers at the heart of the process; and introduced the quality assessment framework to improve the quality of decisions made. We have also introduced the personalised summary statement and regional mental function champions to improve the quality of face-to-face assessments.

If a claimant disputes a decision, however, we must be able to resolve the dispute within the DWP, whenever possible. If the dispute cannot be resolved within the DWP, we need to ensure that an effective and efficient dispute resolution procedure is in place. The DWP and Her Majesty’s Courts and Tribunals Service are working together to improve the quality of initial decision making to address the high levels of appeals while ensuring that fairness and efficiency are maintained.

[Sheila Gilmore]

Can the Minister address a specific issue? As recently as July, the former Minister appeared to accept that in spite of the changes mentioned he thought that people were being called back too quickly for reassessment. What has been done since July to deal with that?

[Esther McVey]

I thought I had dealt with that a little earlier when discussing the decision makers and how there is the right to look at when they feel it is appropriate to call someone back, whether three, six, 12, 18 or 24 months later. That obviously has to be right for all, whether the person assessed or the system as a whole. As the hon. Lady knows, we have reviewed the process not once, not twice, but three times under Professor Harrington. Each time recommendations have come back, and we have implemented them, so significant changes are under way.

As the hon. Lady mentioned at the start of the debate, we inherited the situation—the system was put in place before this Government—but we are trying to get it right, we have brought in changes and we will continue to do so until all parts of the House and, most importantly, those being assessed, feel we have got it right.

In conclusion, I echo Professor Harrington who has made it quite clear that the work capability assessment, designed as the “first positive step” towards work, is the “right concept” for assessing people who need our support. He also recognised, however, that there was a need to improve it, which is why we accepted and have largely implemented more than 40 recommendations made in his first two reviews.

Following our reforms, twice as many people go into the support group now as when ESA was introduced. The proportion of people with mental health conditions being awarded ESA has risen from 33% to 49%. I know the hon. Member for Edinburgh East asked specifically what was happening in that regard, and I hope that she can take some comfort from how clearly we are looking into the matter and at how the numbers have changed.

In response to the hon. Member for Ashfield (Gloria De Piero), who mentioned one of her constituents and a physiotherapist, the assessment looks at the function and not the condition. Physios are experts in this area and have comprehensive training, especially on mental health. They are only approved and allowed to be assessors if they have the necessary skills.

As for the critics, Professor Harrington made it clear in his third review:

“All they call for is a scrapping of the WCA but with no suggestion of what might replace it”,

and

“to recognise that things are beginning to change positively in the best interests of the individual would be helpful.”

Debates such as this improve the situation.

[John McDonnell]

Will the Minister meet some of those critics, such as Disabled People Against Cuts or Black Triangle, which has been occupying DWP offices and demanding meetings with Ministers?

[Esther McVey]

I am more than happy to meet them, although they might not wish to as I am not the Minister responsible. I will forward the invitation and I am sure, diaries permitting, that he will do so. I hope that today has been constructive and I thank the hon. Member for Edinburgh East for bringing forward the debate.

Question put and agreed to.