Working-Age Disabled People

Glenda Jackson Excerpts

Thursday 25th October 2012 Westminster Hall

[Stephen Lloyd]

I agree to a great extent. The way that some of the media, particularly some of the tabloids, have been reporting the issue has been disgraceful. I have said that more times than anyone can possibly imagine. However, the DWP and the Government have an enormous responsibility when they are introducing such a seismic change to a benefit. Some of the time, the Government and Ministers have been good and positive, pushing strongly and actively the social model and what they are trying to achieve; at other times, they have been guilty of pandering to people who are more focused on what I might term the tabloid agenda.

The Government have an enormous responsibility, and I would like them to be aggressive. If one of the papers—I do not even need to mention them; we all know the ones I am talking about—comes out with a particularly inaccurate story, I would like to see the Minister and the Secretary of State dealing with it aggressively on the airwaves.

[Glenda Jackson (Hampstead and Kilburn) (Lab)]

Bylines in newspapers may not be the responsibility of the Government, but it is certainly the responsibility of the Government and the DWP to point out the fact that DLA is an in-work as well as an out-of-work benefit, which they markedly fail to do. They should also highlight the fact that more than 35% of families who claim housing benefit are in work, and that the reason they qualify for housing benefit is because their pay is so very low.

[Stephen Lloyd]

I agree entirely. A lot of people do not understand that the DLA was introduced to help to support disabled people in leading independent lives. I do not know the exact figures, but I know that an enormous percentage of people on DLA are in work. That is a very important point.

I retain doubts about whether that Select Committee recommendation has been followed, either by Ministers in their speeches or by the DWP, and urge that it be made a priority for the Government. However, I strongly support the steps taken by the coalition Government to involve disabled people in the process for devising and implementing PIP, which have proved effective. The DWP has continued to engage extensively with organisations that represent disabled people since May 2011, through its implementation development group, which has more than 50 members and represents a broad range of national and local disability organisations. Engagement at such a level should ensure that the operational design, implementation and ongoing operation of PIPs considers the informed perspectives of disabled people and their representative organisations.

As a consequence of advice and lobbying from me and other Select Committee members, the Department dropped its original proposals to end payment of the DLA mobility component for care home residents, after the Low review, and to extend the three-month qualifying period under DLA to six months under PIP.

I urge the DWP to continue to listen, consult and take on board advice from disabled people and their representative organisations, particularly about the descriptors in PIPs, which I shall come to later. For the record, the disability pressure groups and charities also have a responsibility to be factual in their advice, lobbying and media coverage, as much as the Government do. The victims of misreporting on both sides are disabled people themselves. That simply is not right.

I welcome the Government’s decision to support a three-month qualifying period for PIP, rather than extend it to six months as they originally intended. However, I support the Select Committee’s view that there is evidence of significant financial hardship caused during the current three-month DLA qualifying period, particularly for those with sudden-onset conditions. I ask the coalition Government seriously to consider the Select Committee’s recommendation to implement a facility for early eligibility, which could operate in the same way as that for terminal illnesses.

I welcome the changes made to the first draft of the PIP assessment criteria, which demonstrate that the Government have listened to concerns expressed by disabled people and their representatives. I have had a number of discussions with Lord Freud and his office, drilling down on how some descriptors written into the initial draft were inadequate. I look forward to the final draft, as does the Select Committee.

The DWP deserves credit for the way it has involved disability groups and disabled people in the co-production approach it has adopted to the development of the PIP criteria. However, thus far, mobility descriptors still concentrate too heavily on the ability to move a fixed distance and do not include barriers to accessing public transport, or the difficulties of some locations for individuals where routes to shops, public transport and so on are particularly challenging.

The PIP assessment criteria also tend towards the medical model of disability. This is an incredibly important point. I value the fact that the DWP understands, or appears to understand, the social model of disability and that it is about providing support for disabled people so that they may lead independent lives. However, within the PIP criteria, we seem to be slipping back to the medical model. I urge the Minister to watch that closely. For instance, those criteria do not properly take on board the barriers to being independently mobile that a blind person may have face. Yes, they may be able get to the shops or their workplace via a route they know, but the descriptors do not take into account the challenges that a blind person might face if they were travelling to a destination they did not know, which is not uncommon for all of us on a weekly basis. If I had a visual impairment and was using a route that I do not know, I would face a series of different challenges. The descriptors need to show understanding of that and to take it into account.

I was encouraged by the language used by the Minister’s predecessor, who described the PIP assessment as a conversation between claimant and assessor. It is vital that the PIP assessment does not take the same mechanistic approach, based on an inflexible computer system, as originally adopted for the work capability assessment by the previous Government. In time, though, I would like there to be a checking system or review system—call it what we will—that allowed PIP recipients to be reviewed without having to go through the stresses of face-to-face assessment. I suggest that a letter of support from a consultant or other expert in the field—someone with knowledge of their disability—should suffice once the face-to-face assessments have been completed.

I understand why the coalition Government are going through the process of face-to-face assessment—some people have not been reviewed for many years—but it is important that the DWP take on board the profound worry and stress that many disabled people and their families are going through because of the proposed changes. If the Government do not take this on board, they will be perceived as uncaring and their stated desire—our stated desire—to support the social model of disability and to provide additional support for those who need it while being properly careful with the public purse will turn to nothing. I for one will become not a supporter of the Government’s objectives, but a highly vocal opponent. I really do not want this to happen.

My many years in the field of disability lead me to recognise that the system is not good enough. An annual overpayment of more than £600 million and an underpayment of almost £200 million show that it is heavily flawed, but I request that the Government do all they can to ensure that we replace DLA with something better and fairer, and that works. PIP could be that, but it is not yet. I believe it can be and profoundly hope that it will be, by the time it is rolled out in the pilot scheme in April 2013. The coalition Government must get this right, because people’s financial security, their level of comfort and their daily lives heavily depend on it.

--- Later in debate ---

[Glenda Jackson (Hampstead and Kilburn) (Lab)]

It is a pleasure to follow the hon. Member for Eastbourne (Stephen Lloyd). I thank my hon. Friend the Member for Aberdeen South (Dame Anne Begg), as Chair of the Select Committee, for her prescient, direct analysis of what we have found in our deliberations to be the areas that the Government must address with no small haste, because if they mess this one up, hundreds and thousands of people will suffer grievously for the inadequacies.

Concerns have already been expressed, which all hon. Members must have heard from our constituents, about the whole assessment process. We all have horror stories to tell about the previous Atos regime. It does not seem to have got any better, because the number of appeals against existing assessments, although not necessarily with regard to DLA, are rising exponentially and being upheld almost exponentially.

One of the most glaring holes in the Government’s approach to the assessment process is in the area of illnesses and disabilities that fluctuate, the most obvious to me, having had representation from my constituents, being Parkinson’s disease. I have also had representations on multiple sclerosis and myalgic encephalomyelitis, and that is long before we get into the variabilities of people who are lifelong sufferers of mental health problems, not least those who are bipolar. My hon. Friend gave an example of someone who may be perfectly capable of getting out of bed one day, but the next day is completely incapable of moving, but under the present structure they would possibly be deemed to be perfectly capable of moving every day. That is simply not the case.

Aside from the Government’s black propaganda agenda for people who claim the whole range of benefits, which we touched on earlier, the great irony of what is being proposed is that no one in Parliament or in the country would argue with the concept of assisting disabled people into work. That seems to be fundamental—why else do we have Equality Acts or laws against discrimination? We want people to work, and people with disabilities are themselves desperate to work, but the great paradox of the Government proposals is that they are actively working against the possibility of people with disabilities being able to get into work because the process is so cloudy and unclear, as is the other issue of what passported benefits—to use that good old cliché—they will still be able to claim.

[Anne Marie Morris]

Throughout the House there is acceptance that we want to do everything we can to enable people with disabilities to take a full part in life, whether working or not. If I may correct or add to what the hon. Lady said, I think it is true that more appeals have been unsuccessful than successful. My second point is the result of an interesting conversation that I had with our new Minister, who is dedicated to helping disabled people get into work. My constituents have said, “Well, that’s a lovely idea, but how can we do that when many of the jobs are nine-to-five?” I am pleased that the Minister is now looking carefully at what is happening in other jurisdictions to ensure that flexibility is available in the work on offer, so that those who have good days and bad days may still participate in the world of work.

[Glenda Jackson]

On the hon. Lady’s point about appeals not being upheld, the length of time taken to hear an appeal is growing exponentially—my favourite word—so we do not know. People are having to wait months before their appeal is heard, because of the increase in the number presented.

On the changes with regard to nine-to-five, with all due respect that applies to every woman who works—that situation already exists for women. The only job that they might be able to obtain is nine-to-five, although they have children who go to school and the times are completely outside their range. That is not something new that the Government have to address in particular for people with disabilities. If we are looking at the accessibility of existing jobs for people with disabilities, I give the example of one of my constituents who is profoundly deaf. One of the Government’s arguments on accessing the work capability assessment for DLA is that if people do not get the letter they can phone, but that is of absolutely no use to anyone who is profoundly deaf. It certainly does not help my constituent: if he goes along to the jobcentre because he has read about a job he could do, there is no one there to translate for him, so there are holes in the existing system, and I am concerned that they will become crevasses if the Government do not get their timing right and their assessment of people with DLA done within a reasonable period.

The assessments also need to take on board what we were told when the Government initially introduced their changes to the whole of the benefits system: the assessment process, which they accepted in the past had not been up to snuff, would be infinitely more flexible and sensitive. I see absolutely no signs, given the time scale for assessment of people with DLA, of greater flexibility and more sensitivity, which are absolute givens when talking about people whose lives will be fundamentally overturned if they fail to meet the precepts set down by the Government. With all due respect to my hon. Friend the Member for Aberdeen South, who as I said gave a remarkable oversight of the evidence and the concerns expressed, the organisations that work in concert with and on behalf of people with disabilities remain seriously concerned because such questions are not being answered now. We had evidence before us in Committee last week of a coroner in Leicestershire, I think, who attributed a suicide to the individual’s concerns about having to go through the DLA assessment. From our constituents we all know of the anxiety already out there, which is actively having an effect on people now.

That was my introductory rant, but what I am most concerned about is the linkage between services for people with disabilities and local authorities providing such services. Owing to the massive cuts imposed on local authorities, we are already seeing a major downturn in, or removal of, services that many people with disabilities have been or still are dependent on, my favourite example being day centres. They can be a major part of enabling someone who, for example, cares for a person with disabilities to work and to maintain their families. Those day centres are being closed, without there being any idea how support will be provided in the area and made accessible to all those who need it. That is another major issue, as is the accessibility of affordable transport, which is seemingly being taken away every five minutes. The argument that has always been made is that the kinds of services required by people with disabilities should be in their local communities, where they can be reached. An example given to me was of a six-year-old boy who needs a hydrotherapy pool. There is such a pool at the end of his street, but although it is in a state school, he does not attend it, so he is precluded from using it and his family have to drive 23 miles there and back to take their child to a hydrotherapy pool.

The overarching argument that I am attempting to put forward is that local authorities have a vital part to play in ensuring that people with disabilities can work, and that they can make a contribution not only in the workplace but in their local communities so that their quality of life and that of their whole family is improved. As we all know, in many instances if one or possibly two people in a family are disabled, the entire family is focused on supporting those people. The needs of the family can often be as great, if not greater, than those of the one family member.

I have probably exhausted the points that I wished to make. I am grateful for everyone’s patience. I stress to the Minister, however, that this is a once-in-a-lifetime opportunity not only for her Government but for the people in this country who have disabilities and for the much wider community—namely, the whole country. In future, do we really wish to be presented as a people who rejected the most vulnerable in society and who believed the black propaganda and accepted that the vulnerable were all workshy, when we all know that that is the antithesis of the truth? We have a duty to ensure that our best might possibly be demonstrated by the care we take of our weakest.

--- Later in debate ---

[Jane Ellison]

I could not agree more. It is central to these important reforms that we ask people what they can do, instead of what they cannot do.

[Glenda Jackson]

I take on board the hon. Lady’s point about overstatement of the most vulnerable, but some people who are asked that question are totally incapable of answering. A constituent who is 27 years old with a mental age of a six-year-old went to be reassessed. She is already in the system, and the assessor’s report was a million miles from the facts and the actuality. Without the new change that allowed her to take her mother with her, she would have been not only vulnerable but completely unsupported.

[Jane Ellison]

Absolutely. That intervention illustrates two points. First, there is an enormous range of disability; we are talking about huge diversity. We must be mindful of the fact that it is difficult to say anything that is true of all disabled people because of the extraordinary span of people covered, from the example just given to some of the people we saw winning gold medals for Britain during the summer. Secondly, the system has already been changed to respond to that concern, and that is exactly as it should be. I am sure that the Select Committee plays an important part in looking at evidence from life to see how a small tweak to the system can enable someone who is exceptionally vulnerable to be properly represented in the system.

[Glenda Jackson]

The hon. Lady is missing the essential point that I clearly failed to make. The decider in that instance is someone who has been appointed and financed by central Government. They make the decisions, and we have already spoken about the number of appeals arising. That individual should have said immediately, “This is absurd and no one should have sent you to see me”, but they went through the process. My only point is that the deciders of an individual’s life are sometimes a million miles from understanding. They are appointed by the Government, so it is the Government’s responsibility to ensure that assessors are up to the job.

[Jane Ellison]

I completely agree, but that is not a reason not to press ahead with important reforms.

To return to my previous point, it is sometime possible to give the impression that when a series of practical concerns amass to so great a number—many have been brought up today—that is a reason not to proceed. That is exactly why we have made the mistake of leaving things in the “too difficult” tray in the past.