Concentrix: Tax Credit Claimants

Fiona Mactaggart Excerpts

Tuesday 18th October 2016 Westminster Hall

[Fiona Mactaggart (Slough) (Lab)]

I beg to move,

That this House has considered the performance of Concentrix in dealing with tax credit claimants.

This is the first time that I have spoken in a debate in this Chamber that you have chaired, Mr Nuttall, and I look forward to it.

Just hours after I successfully persuaded the House of Commons Backbench Business Committee to table this debate, Concentrix’s contract was ended. I called for this debate because the company has bullied people who depend on tax credits and targeted single mothers, many of whom have had their tax credits stopped without fair notice. Concentrix is paid by results, which means that it has a financial incentive to stop payments. Its decisions are frequently made on the basis of wrong information, and people who depend on tax credits to make ends meet have been left without funds for weeks while errors have been corrected, causing hardship for them and their children.

I thought that this debate would focus on those shocking failures, and that I would use the time to share how the lives of my constituents, and the constituents of many Members here, have been made miserable by the cavalier way in which Concentrix has used the flimsiest of excuses to end tax credit claims, and by its shocking customer service, which has left claimants hanging on to telephone calls for hours without resolution. However, since then, there have been many parliamentary opportunities to highlight such stories. I am glad that the pressure from me and other MPs has led the tax authorities to end Concentrix’s contract. I am particularly glad that the National Audit Office is to look into its operation. As a former member of the Public Accounts Committee, I am confident that the NAO will get to the bottom of whether Her Majesty’s Revenue and Customs or Concentrix is responsible. I think it possible that we have sometimes blamed the company when we ought to have blamed the Government.

[Christina Rees (Neath) (Lab/Co-op)]

I congratulate my right hon. Friend on securing this important debate. Concentrix took the approach of stopping payments without warning. Many single mothers in my constituency have told me that they discovered that their payments had stopped only by checking their bank accounts. Does she agree that HMRC should not have given Concentrix the authority to stop payments, and that the process must stop?

[Fiona Mactaggart]

I think that the best thing that we can do with this debate is ensure that lessons are learned from this failure, and that the whole Government act on them. It is time to get answers from the Treasury about the extent to which it, rather than Concentrix, is responsible for the failure.

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

My right hon. Friend has done a great service in securing this debate. I had a problem, to say the least, over Christmas with a family who had no income for about eight weeks. We spent most of the Christmas period trying to get that family some money. Does she not agree that these matters should not be farmed out to private companies? They are far too sensitive. The Government should have another look at this, and the responsibility should be taken in-house. It should also be noted that HMRC has taken on another 30 staff; that is one heck of a cost as well. Another company that should be investigated is Capita, which is doing exactly the same thing because it has been set targets.

[Fiona Mactaggart]

My hon. Friend is right that we need to work out what Government should do. I will deal with that point later, but it is clear that part of the problem with Concentrix is that if people were notified, they often did not believe what they were told, because the Treasury insisted that Concentrix use its own branding on the letters, so people got letters from some company asking for extensive data. I would have treated that as phishing and thought, “This is someone trying to scam me.”

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

I congratulate my right hon. Friend on securing this debate. She is absolutely right that we need to learn the lessons from this mess. Many of my constituents have been left in utter financial disarray by having been left for a time with no income. Does she share my belief that we need reassurances from the Minister that the Government will take every step necessary to sort out this shambles and help those who have been left in a mess?

[Fiona Mactaggart]

Indeed. Not only that, but the Government ought to ensure that it does not happen again. There is a risk that it could, not just in the Treasury but in other Departments. The reason why I persisted with this debate after the Treasury abandoned the contract is that I believe that this is an opportunity to learn lessons that should be spread throughout Government.

[Kate Green (Stretford and Urmston) (Lab)]

My right hon. Friend is right to point out that this is not just a failure of practice by Concentrix but a policy failure by Government. The deliberate intention of the contract was clearly to target single parents, on the basis of assumptions that they were living with a partner and not reporting it. That is an acute, intimate and sensitive issue, and it is important in such cases that practice is handled with great care. There is absolutely no evidence of such care. This is returning to the attitude that single women bringing up children must not be respectable and need to be investigated. Surely that is something that the Government need to rethink and re-learn.

[Fiona Mactaggart]

My hon. Friend is absolutely right. It was a gendered contract, and the Government did not stop to think—or maybe they did think about it, and thought that women in such circumstances should be blamed. All Members here will know that their constituents feel harassed, scared and pinned up as targets as a result of how things have been done. It is not acceptable in a civilised society to treat mothers in that manner, and it is mothers who have been treated badly.

[Catherine McKinnell]

I agree that the majority of my constituents who have been in touch are single mothers, but single fathers have also been affected. One constituent who came to me looks after two children and works 16 hours a week, and he received no money for six weeks. Ultimately, it is the children in those households who suffer. The Government must ensure that this does not happen again.

[Fiona Mactaggart]

My hon. Friend is absolutely right. One consequence for a number of children is that they have lost their entitlement to free school meals, so they have suffered doubly as a result of what has happened to them.

[Andrew Selous (South West Bedfordshire) (Con)]

The right hon. Lady is being extremely generous in giving way, and we are all grateful to her. I had a case in which a single mother was accused of living with a former tenant who had moved out in 2014. Does the right hon. Lady not agree that although issues must be investigated, to do so on the basis of allegation, without evidence, and to stop payment, is not really a satisfactory way for Concentrix or anyone else to operate?

[Fiona Mactaggart]

The hon. Gentleman is absolutely right. I will try to make some progress, so that he can see what I want to say about that kind of issue. Decisions were certainly made on the basis of inadequate evidence, in a way that I believe was actually illegal under the Tax Credits Act 2002, and should not have been permitted.

[Ms Angela Eagle (Wallasey) (Lab)]

Will my right hon. Friend give way?

[Fiona Mactaggart]

I am trying to make progress, but I will give way once more.

[Ms Eagle]

My right hon. Friend is being extraordinarily generous. I have had many cases in which precisely that has happened. Single mothers in Wallasey have been accused of living with a previous tenant in a house that they happened to rent at a particular time—allegations so absurd that they had not even thought of them. Their benefits have often been stopped for weeks and weeks, and they have had no access at all to funding, which has forced many of them to go to food banks. What kind of Government allows that to happen?

[Fiona Mactaggart]

My hon. Friend is right that we need to focus on the responsibility of the Government, because that is what we Members of Parliament can most influence. The first lesson for the Government is that payment-by-results contracts should be avoided. Concentrix staff were under pressure to perform—we are told that they were expected to open 40 to 50 new investigations a day—so they regularly proceeded on totally flimsy evidence.

I spoke to Concentrix about the source of the evidence it received, because I could not really believe that a company would proceed on the basis of such information —“Somebody else once rented this flat”, “The electoral register has this person on it”, “Someone has had their post sent to this address,” and so on. The director of Concentrix told me:

“HMRC provide Concentrix with the claimant cases that they believe qualify for review.”

So the source of the evidence is HMRC. He continued:

“These cases are selected by HMRC based on its own internal system which flags where there may be the potential for fraud or error. There were 1,497,000 cases provided from the Authority based on their initial assessment of risk or error and fraud.

Concentrix subsequently runs a further series of checks to substantiate the potential risk of fraud and error and to refine the list of cases that are then checked. In the latest campaign, Concentrix deselected 80% of the cases originally provided to us by HMRC. This means we contacted 324,000 and the remaining 1,173,000 were not worked by Concentrix.”

According to him, HMRC even pressed Concentrix to investigate cases in which it could not name the alleged co-resident.

We have been blaming Concentrix for using flimsy evidence when I think that the source of that flimsy evidence is actually HMRC. My first question to the Minister is: where is the so-called evidence sourced from? Is it the Post Office, credit agencies or out-of-date electoral registers? Is it true that the Treasury pressed Concentrix to pursue cases with so little data that the alleged co-resident’s name was not even known? When tax credit claimants were written to about the investigation of their case, the alleged co-resident was not named in that letter. Many of my constituents have said, “How can I prove a negative?”. Of course, if they had got through on the telephone, they would have been told the alleged co-resident’s name, but getting through on the telephone was not straightforward, as we all know.

I remind the Minister that section 16 of the Tax Credits Act 2002 gives the power to amend or terminate an award where there are reasonable grounds for believing that an award is wrong or that there is no entitlement. It also gives the power to request information or evidence where there are grounds for believing that the award might be wrong. That law is clear. It was confirmed in an Upper Tribunal judgment by Judge Wikeley that the burden of proof for stopping a tax credit award lies with HMRC, but that was reversed in these cases: the authorities proceeded to close claims without reasonable grounds that they could evidence. They demanded excessive evidence from applicants who sought to disprove allegations that they had claimed the wrong amount for childcare or were living with an unnamed partner.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I raised the important question of Concentrix back in February. One of my vulnerable constituents, a single mother of three, was put on trial and lost her tax credits for six weeks over Christmas, only to be informed that she had no case to answer. I ask the right hon. Lady to join me not only in condemning the practices of Concentrix, which she is doing more than capably, but in calling on the Government to renounce this terrible, abhorrent practice entirely.

--- Later in debate ---

[Fiona Mactaggart]

The point is that if we do not manage to get answers from the Minister, we will end this contract but will be walking into the risk of future contracts making the same kind of mistakes, including targeting single mums in a way most of us find completely unacceptable, and breaching the law that provides the power to end benefits and so on. This situation really is not tolerable, and it is up to us to ensure that it never happens again in any aspect of Government administration.

[Hywel Williams (Arfon) (PC)]

I am grateful to the right hon. Lady for raising this important issue. I, too, have constituency cases with which I could regale this Chamber. Does she agree that there is a fundamental danger in a model that has a private organisation, which is accountable to its owners and has a duty to make profits for them, providing a public service, where the accountability must be to the public and the first duty must be to provide the public with a full and proper service?

[Fiona Mactaggart]

The hon. Gentleman is right. Civil servants are trained to conform with the law. How can Ministers ensure, in this contract or in any future contracts, that there is not a parallel reinterpretation of the law by a private company? When the Minister was informed about the Wikeley judgment, as I hope he was, what did he do to ensure that all future decisions would conform to the law? Civil servants are generally trained in a culture where the law is the guide to how they work; I am concerned that Concentrix staff were not operating within such a culture. There is a real risk of letting out similar contracts in future that do not operate within such a culture.

[Chris Law (Dundee West) (SNP)]

Does the right hon. Lady agree that the problem is not just with this contract but with all results-based contracts in which there is essentially a commission? Atos was under a similar contract and we all know the terrible damage it did to sick and disabled people. Although it is welcome that we are ending the Concentrix contract in May 2017, the UK Government now need to stop all such contracts and fundamentally review the entire process.

[Fiona Mactaggart]

The hon. Gentleman is right that we should stop such contracts, but we also need to find out the extent to which there has been a failure of policy underlying the Concentrix contract. I agree that the very nature of the contract—having a private company asking for those details—was inappropriate. So was the payment-by-results aspect, for example, and the fact that when the company was under pressure there was no way of bringing in civil servants to help by answering the telephone and so on. Such problems are inherent in that kind of contract, but some of the difficulties must have been created by the way the Treasury and HMRC operated. They provided the company with totally flimsy evidence and suggested it should be investigated. In effect, they ran a campaign against parents who were doing the terribly difficult job of bringing children up on their own. We should be ashamed of ourselves for targeting that group of people, who are resilient but in some ways vulnerable. The job of broader society is to help them in their task of bringing up the next generation.

Many claimants received a letter requiring council tax records, a year’s worth of bank statements, pay slips, childcare costs, divorce papers and household bills. Many people, as I would have done, treated such requests from a private company as probably a phishing exercise by a fraudster. Those people discovered within 30 days that their conclusion was an expensive mistake: their tax credits were stopped. All my constituents who had their tax credits stopped eventually had them restored.

I stress that it happened eventually. It was often after hours on the telephone and the intervention of my staff. Those hours on mobile phones cost an enormous amount for some of these people, who at the time had no money to speak of apart from the meagre wages they earned from their part-time jobs.

[Paula Sherriff (Dewsbury) (Lab)]

I thank my right hon. Friend for securing this important debate. My constituent’s tax credits were stopped erroneously. She was down to her last £5 and was told to send in documents by recorded delivery. She had to decide whether to feed her children or send the documents. The Government really must rethink their policy and respond to such people, so that we know it will never happen again.

[Fiona Mactaggart]

The problem is that the Minister and his civil servants cannot imagine what it is like for someone to have to choose between feeding their son or daughter and posting an important letter that will get next month’s money in. They cannot imagine a parent having so little money that that is the choice they face. When people’s tax credits were stopped, they were eventually restored. Although they can get additional bank charges and so on paid back—I have managed that on behalf of constituents—they often cannot redeem their credit history, which makes the rest of their life more expensive, so there are serious long-term consequences.

[Kate Green]

Does my right hon. Friend agree that the Government should reconsider the situation wherein, in the face of error by Concentrix, my constituents were asked to apply for a mandatory reconsideration of the decision? That is disgraceful. The fault was not theirs.

[Fiona Mactaggart]

Indeed, and if we look at the figures for mandatory reconsideration we can see that it is overwhelmingly decided that our constituents were in the right and the decision makers in the wrong.

It is striking that the process was also expensive for those who complied. As my hon. Friend the Member for Dewsbury (Paula Sherriff) pointed out, sending precious documents by registered post costs money, as do printing inks. People also have to pay fees to have documents reissued. Yet in every case HMRC had initially decided that the application was justified. We are not talking about initial applications for tax credits; we are speaking on behalf of people who are trying to continue to receive them. The burden of proof has to be on HMRC.

[Catherine McKinnell]

My right hon. Friend is making a vital point. Several of my constituents were asked by HMRC to prove a negative—something that was not, in fact, the case—and had no way of doing so. Some of the people they were accused of living with were not alive.

[Fiona Mactaggart]

Indeed. There is an important principle in the UK’s administrative law that public authorities act on the basis of evidence and law, and that if they dispute someone’s claim, they should have a good reason. The HMRC charter says that people have a right to be treated as honest. Well, the lone parents who were targeted did not feel that they had that right. Nearly a third of claimants applied for a mandatory reassessment, and they were overwhelmingly successful. Will the Minister guarantee that in future the Government will put acting legally before getting money out of citizens who do not have any? That is the question at the heart of this debate: illegal action has screwed money —excuse my language—out of citizens and damaged their ability to do their main job, which is to look after their families.

HMRC implies that the reason for dropping the contract is a sudden decline in the level of customer service, in particular the backlog of 200,000 incomplete cases and the terrible performance of Concentrix’s telephone service. Concentrix responded by saying that the case numbers were far above predicted rates. In August this year, they were nearly five times the forecast rates, which were developed by HMRC. One contributor to the backlog was HMRC’s automatically terminating 45,000 cases—guess when? In the week beginning 8 August. Where do mums and dads go in that week? They go on holiday, because it is the only time they can take their children on holiday, because otherwise they are at school. The Government have form when it comes to sending out such letters and starting consultations at the beginning of August. If the Minister can say that one of the things he is going to do is ensure that this nastiness in August will end, I think we would all be pleased to hear it.

Why were the predictions of the number of cases so brutally wrong? Why was the letter sent out on 8 August to terminate all those cases on the grounds that they had not fulfilled their information returns? In management terms, it would be more sensible to spread such a policy across the year, so that when someone does not respond to an information return they get a notice at the time. I do not believe that all the cases were started in August. I do not believe that thousands and thousands of people made their first tax credit application in the week beginning 8 August, yet so many of their cases were terminated in that week, causing extreme chaos in a situation that was already brutally chaotic.

It seems to me that the discovery of a service failure just after I sought this debate and just after the Department was called before the Work and Pensions Committee does not bear looking at. A cursory look at Mumsnet web chats, at the Child Poverty Action Group’s advice logs or at all the letters that the Minister and civil servants have received from MPs would have made it clear that the company’s performance has been unacceptable for a long time. Will the Minister ensure that any new contracts with private companies will permit a swift end if performance is substandard and ensure that the Government get information about the standards that are achieved in a timely fashion?

The current contract states that if Concentrix delivers less than 97% accuracy, its commission will be reduced, but I have discovered that in this case accuracy does not mean making the right payments to the right people; it means jumping through the hoops devised by HMRC. Let us have a real definition of accuracy, which is that the right payments should go to the right people and should not go to the wrong people. We all accept that people should not be paid tax credits wrongly, but accuracy must be judged on the real results, not on some process that is extremely burdensome.

I am concerned about the fact that, as my hon. Friends have said, the burden has particularly hit women and mums. What equality impact assessment was done at the start of the contract? We know that David Cameron called such assessments “bureaucratic nonsense”, but it seems to me that this issue is crying out for one, because someone should have thought about the fact that mums would be targeted. Of course, some dads were drawn into the net, and I am not denigrating their experience in any way, but it is not acceptable for Government policy to lay a particular burden on mothers in such circumstances.

[Angela Crawley]

Does the right hon. Lady agree that the UK Government have prioritised austerity measures? More than 80% of women have been adversely affected by this austerity-driven Government’s welfare reforms and cuts.

[Fiona Mactaggart]

Not only are more women affected than men, but they are affected by more costs than men. Four fifths of the savings that the Government have made through their so-called austerity programme have been contributed by women. One thing for which I was really proud of the previous Labour Government was that they increased the amount of resource that went into women’s purses compared with men’s wallets. Through measures such as child tax credits, they dealt with maternal poverty pretty effectively. The current Government are doing their jolly best to reverse that progress.

[Lilian Greenwood (Nottingham South) (Lab)]

My right hon. Friend is making an incredibly powerful speech. However, this is not just about mums, important as they are; it is about the impact on their children. My constituent Sinead is a single parent. She went from receiving £122 child tax credit to absolute zero. She is paying off a crisis loan and that is impacting on her relationship and her ability to be a great parent to her five-month-old child. There is also Caroline, whose two children are in nursery. She is thinking of quitting her job because she cannot now pay the nursery fees. This issue is having an impact on children as well as mothers.

[Fiona Mactaggart]

My hon. Friend is absolutely right. Indeed, for most of the victims of this situation, there has also been a significant effect on their self-confidence and on their reputation. Some get these letters at very stressful times in their lives—following a difficult divorce, while they are trying hard to separate themselves from a violent partner or after childbirth. The behaviour of Concentrix just added to their stress.

[Christina Rees]

My right hon. Friend has been very generous in giving way. She talked about the burden of proof. One woman claimant in my Neath constituency came in to see me because her payments had been stopped, as she had not replied to a letter that she had not received and there were no follow-up letters. Where does the burden of proof lie there?

[Fiona Mactaggart]

The law is clear that the burden of proof lies with the Government and they need to have a proper reason to believe these things. As we know, however, many of the reasons why investigations were initiated were not what any court would describe as proper. That is a fundamental problem.

The Government announcement of the termination of the contract sought to reassure

“customers who have had their tax credits stopped that we will prioritise their cases, and make sure that they are processed as quickly as possible.”

That was a nice thought, was it not? However, Concentrix has informed me that, just on mandatory reconsideration cases, which were returned to HMRC on 19 September, nothing at all was done until 3 October. So not only is Concentrix operating on the basis of really flimsy information; it is also telling lies to Parliament and to the Government, because I do not consider that to be prioritising cases and making sure they are processed “as quickly as possible.”

I hope the Minister will answer the specific points that I have raised. This contract has been something that, frankly, we should all be ashamed of. The way that we have treated the mums and dads on low pay who are bringing up the next generation has been shameful. And actually, although I asked for this debate about the performance of Concentrix, the responsibility for this situation fundamentally lies with the Treasury and HMRC. The process is clear. Again, I quote Concentrix:

“Whilst the initial decision to halt an individual’s tax credit claim may, at the end of the process, prove to have been unnecessary”—

it did not feel “unnecessary” to the victims—

“the process is set by HMRC. Whether it is Concentrix managing this process or HMRC directly, the same hurdles and challenges are experienced because of the information held by HMRC at the outset.”

It seems to me that this goes to the heart of the Government’s use of information about citizens. The Government have a responsibility to assist citizens in giving them the information they require in order to assess their entitlement to something such as tax credits. The Government did that at the beginning of a tax credit claim, but their process for doing that as a tax credit claim continues is fundamentally flawed, and those flaws were made worse by the way that Concentrix operated.

I come to the conclusion that there are certain tasks that the Government simply should not delegate to a private company or to anyone else, and the collection of taxes and the issuing of tax credits is one of them. I hope that this will be the last experiment in that vein. I want to pay my taxes to the Government; I do not want to pay taxes to some company that I do not understand. Equally, I want to receive tax credits therefrom.

In future, no policy that has a disproportionate impact on women, especially those struggling to bring up a family, should be tolerated by the Government. I hope that the Minister will say that when things like this are contemplated in the future, Ministers will consider which groups in society will be disproportionately affected by their policies, in order to ensure that they do not continue to target women in the way that, frankly, this Government have throughout their existence.

[Several hon. Members rose—]

--- Later in debate ---

[Fiona Mactaggart]

I thank the Minister for that response. This is probably my first experience of leading a debate in which everybody apart from the Minister has agreed with one another. I thank all hon. Members who contributed.

I am particularly concerned about the Minister’s account—I know he is not the Minister responsible, but I hope he will pass this on to the Financial Secretary—which implies that this is just a recent phenomenon, because it is not. It has existed for a long time; it is not just a recent failure. I also do not accept that Concentrix should be wholly blamed. I note that the Minister said it is up to Concentrix to choose which information to use. I would like him to write to me after this debate to tell me whether it is true that HMRC pressed Concentrix to use data on cases in which it was not even able to name the claimed partner. That shows that HMRC is responsible for this oppression of women. The Minister did not note in his response the concern expressed by many Members that this is a gendered policy—

[Mr David Nuttall (in the Chair)]

Order.

Motion lapsed (Standing Order No. 10(6)).