Ten Years of the Work Capability Assessment

Hugh Gaffney Excerpts

Wednesday 24th April 2019 Westminster Hall

[Hugh Gaffney (Coatbridge, Chryston and Bellshill) (Lab)]

I congratulate my hon. Friend the Member for North West Durham (Laura Pidcock) on securing this important debate. The work capability assessment was introduced for employment and support allowance claimants in 2008. It has also been used to reassess incapacity benefit claimants and determine eligibility for additional universal credit support. It is now more than a decade since the introduction of the assessment: a good time to reflect on the impact that it has had on the lives of claimants across the country.

From 2008 to 2017, 48% of all work capability assessment outcomes were successfully appealed in Scotland and nearly half of all fit-for-work outcomes reached through work capability assessments were also overturned. In my constituency, 47% of appeals were successful in overturning the outcomes of such assessments and almost half of all fit-for-work outcomes reached through them were successfully appealed. The most recent national figures released by the DWP highlight the fact that 65% of fit-for-work outcomes were overturned in the period from December 2017 to January 2019.

Those figures illustrate the negative impact of work capability assessments on claimants, and the fact that they are failing, because they find people fit to work when they are clearly incapable of working. Claimants in that situation have to go through the appeals process with no access to their ESA payments, which means that they face poverty or destitution, or making a claim for jobseeker’s allowance or universal credit while waiting for their appeal to be processed. Considering the problems that there have been with universal credit, such as the five-week wait for the first payment, that is unacceptable. Many people face financial hardship and further uncertainty simply because they have challenged a work capability assessment outcome. Another thing to reflect on is the fact that ESA appeals are currently subject to a clearance time of 30 weeks.

Work capability assessments have also led to a situation where vulnerable claimants are denied the support that they need. The latest DWP figures show that 68% of those suffering from injury were found fit for work; 59% of those living with connective tissue diseases and 40% of those with mental or behaviour disorders were also found fit for work. How can the Government claim to be building a fairer society when work capability assessments are pushing the most vulnerable people into work in spite of their disabilities and medical conditions? It is clear that the assessments are not fit for purpose.

That view is shared by disability charities and the Work and Pensions Committee, whose 2017 inquiry received more than 3,000 letters from individuals who shared their experiences of the assessment process. More than 100 people reported that they or someone they cared for had experienced suicidal feelings as a result of the assessment process. We have heard today that people have taken their own lives. Shame!

Others highlighted a mismatch between what they had told assessors about their conditions and the content included in the assessor’s written report. In response, the Work and Pensions Committee made recommendations designed to improve the assessment process, including recording face-to-face assessments and providing clearer guidance to claimants about submitting evidence to support their claims. Similar recommendations have also been made by organisations such as Citizens Advice. The Government’s response was to ignore the recommendations.

The Secretary of State might be striking the right tone, but actions speak louder than words, and the problem with work capability assessments cannot be hidden through merging them with PIP assessments. Disability Rights UK summed up the shortcomings of the Government’s approach:

“You can’t merge two badly constructed processes and expect to come up with one fit-for-purpose approach”.

How right that is. For as long as the Government refuse to make real changes to the assessment process, vulnerable people will continue to be denied the help that they need.

It is shameful that this Government have extended Maximus’s contract to carry out work capability assessments until 2021. The company has maximised its profits through work capability assessments despite the clear evidence that claimants have been denied access to the support they need. I am glad that private companies will be banned from carrying out assessments in the new Scottish devolved social security system, thanks to pressure from Scottish Labour. It is about time that claimants were treated with dignity and respect by the Government.