Work Capability Assessments

Heidi Alexander Excerpts

Wednesday 12th June 2013 Commons Chamber

[Sheila Gilmore (Edinburgh East) (Lab)]

Most people here will probably be familiar with the employment and support allowance. Between the introduction of the assessment in October 2008 and February 2012, 1.36 million new claimants were assessed and of those 794,000 were declared fit for work. Of those, 311,900 appealed their decision and 116,400 were successful. That means that nearly one in 10 of all ESA assessments have been overturned. Although the proportion of decisions overturned has started to fall, the overall number remains very high. And those figures do not include all the incapacity benefit claimants currently being migrated to ESA—a process that started last year and is due to be completed in 2014. The cost of appeals is a considerable issue for the Government. This year it is projected to rise to £70 million, up from £50 million.

I have considered a number of detailed aspects of this issue. In May last year I secured a Westminster Hall debate on the recommendations for new descriptors for mental, intellectual and cognitive conditions that were drawn up by a number of charities. In December last year I secured another debate, in which I highlighted the fact that people are regularly called back for reassessments just months after their previous claim has been granted. Today I want to focus on the provision of audio recording equipment in assessments. I sent the Minister an advance copy of my speech, because this is a serious issue that deserves an attempt to reach a constructive solution. I will spare him the need to spend time telling me that it was my Government who started the employment and support allowance. I know that. It is people’s experience of the system that has shown many of us that it needs substantial reform.

The assessments carried out by Atos have been much criticised. Assertions have been made about some of the questions asked and the attitude of assessors. For example, I recently met a constituent—by no stretch of the imagination is she a disability activist—who told me that the assessor made a comment about her handbag, saying, “Well I couldn’t afford that, even on my salary.” My constituent tells me it was a present, but she felt the comment was irrelevant and carried the implication that she did not need the benefit. Such assertions are regularly denied by Atos and not accepted by the Department for Work and Pensions. We even have differences of opinion on the Select Committee on Work and Pensions, with some members feeling that campaigning organisations exaggerate such claims.

Audio recording of assessments would allow such disputes to be settled once and for all. Importantly, they would provide new evidence in the event of appeals, but should also improve the quality of assessments, thereby reducing the number of appeals and helping to get things right first time. Assessors would be prompted to ensure that their work was of the highest possible standard—for example, taking more time, asking open as opposed to closed questions, and probing for possible follow-up issues.

[Heidi Alexander (Lewisham East) (Lab)]

My hon. Friend is making an excellent speech about the importance of quality in the work capability assessment. May I bring to her attention the situation of my constituent George Rolph, who is currently on the 23rd day of his hunger strike about his treatment at the hands of Atos? When he failed his work capability assessment, he felt he had no choice but to take such drastic action to bring to the Government’s attention the failures of the system.

[Sheila Gilmore]

I thank my hon. Friend for giving such a graphic example of the human issues that lie behind what might seem to be quite a dry subject in many respects.

I was pleased when the year 1 Harrington review recommended that Atos should undertake a pilot to test the hypothesis that audio recording would make a difference.

--- Later in debate ---

[Mr Hoban]

The volume of people going through the WCA on a monthly basis is significant—I believe that 100,000 claims are made for ESA every month—so it will not take long to find out the take-up rate, although we need to make sure that the pilot has the right amount of time to gather sufficient evidence. Earlier the hon. Lady was arguing in favour of a shorter pilot and now she is potentially arguing for a longer pilot in order to get the evaluation right, but she makes an important point.

In addition to the letter I mentioned, the Department has recently provided more information about the audio-recording facility on the “Inside Government” section of the gov.uk website. By ensuring that more people are aware of the facility we will get a much better picture of how many people are applying for an audio recording and a better assessment of the level of demand. The hon. Lady rightly made the point that we do need to understand what the demand actually is.

In the past, the Department has asked Atos Healthcare to apply a processing safeguard whereby requests for audio-recorded assessments should be accommodated within four weeks, and where that was not possible, the assessment should go ahead without a recording. However, during the remainder of the evaluation period, to help ensure that claimant expectation can be met, the four-week safeguard for requesting audio-recorded assessments has been removed. That will enable us to gather a fuller picture of demand and capacity, in order to inform a full and robust evaluation.

To conclude, we are continuing to evaluate the costs and benefits of the current approach, and will await the results of a further evaluation during the summer before making a further decision on the future of this service and how it can improve the WCA.

[Heidi Alexander]

rose—

[Mr Hoban]

I just want to finish these remarks.

Although I acknowledge the increase in audio recording and potentially the recommendation of Professor Harrington on this matter, we also need properly to evaluate the cost and benefits of the extension of recording. We are doing just that. By raising awareness of the service we will be able to gauge demand, assess usage of the recordings by claimants and tribunals—it is important to understand where tribunals want to see transcripts of recordings—and evaluate the wider impact on quality.

As a word of caution, I say that the original evaluation demonstrates a reasonable level of interest from claimants but a low level of take-up of the actual recordings and no impact on quality. I am determined, as I have made clear in debates in this House since I took on this role, to improve the WCA, but I am prepared to do so only where the benefits are demonstrable.

Question put and agreed to.