Jane Ellison
Main Page: Jane Ellison (Conservative - Battersea)Department Debates - View all Jane Ellison's debates with the HM Treasury
(8 years, 1 month ago)
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The Financial Secretary to the Treasury (Jane Ellison)
During the past few weeks, there have been a number of debates in this House about the quality of service provided by Concentrix in helping HMRC to counter fraud and error in our tax system. This is an important opportunity to debate the issue again, and I hope to go a little further in providing the House with information.
It is right that we have debated the issue because during the past few months it has become clear that Concentrix, despite the best efforts of the majority of its frontline staff, was failing to meet the standards we expected and, indeed, that we had specified in its contract. This meant that many of the people whose tax credits were being investigated—we have heard about them in the speech by the hon. Member for Salford and Eccles (Rebecca Long Bailey) and in interventions, and they include my constituents—have been caused needless frustration and distress in resolving their cases. I suspect we will hear more examples as the debate unfolds. I intend to address the specific points in the motion, but as the hon. Lady accurately speculated, I may need in due course to write to her about aspects of the contractual arrangements, for reasons that may become obvious as I go through my speech.
Frank Field (Birkenhead) (Lab)
Before the Minister leaves the human suffering aspect of this debate, may I welcome the speed with which she has responded to the letter and memoranda of cases that I, like other Members, have submitted to her? If we are not only talking about learning lessons from the contract, may I ask how we can quickly get compensation to the people who have been adversely affected? Will she give an undertaking today—she may have such an undertaking in her speech— that people whose benefits have been cut by Concentrix will be informed of the hardship fund that she has established so that they can quickly apply for help?
Jane Ellison
The right hon. Gentleman is right to anticipate that I will touch on that issue. I will reflect on his point. I do not know about the arrangements for being proactive in telling people, but there are arrangements in place. When I get to that point, he can let me know if he does not think they are adequate.
Given that so many hon. Members on both sides of the House have made such efforts to support their constituents during recent weeks—the human aspects of this issue are absolutely uppermost in our mind today—I should bring the House up to date on the action taken to rectify the situation. As I informed the House last month, we decided on 13 September not to pass any new cases to Concentrix. Instead, it was intended that it should concentrate on resolving outstanding cases. HMRC staff stepped in to reinstate a quality customer service, such as making sure that people could once again get through on the phones. We know how critical it is for people to be able to get through and have their voice heard.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
On 14 September, when the Minister answered an urgent question in the House, she told all our constituents to phone the number they were given. One of my constituents phoned the line that day and waited for ages to get through, only to be told, “Because of all the complaints you’ve been making, we’re getting sacked”, and the phone was put down. Does she agree that that added further to the already deep distress that people were feeling, and that it is not acceptable?
Jane Ellison
Of course it is not acceptable—not at all. I would add that, as hon. Members may be aware, the opening hours of the MPs’ phone line have for some weeks been extended to cope with the larger number of calls coming through that route.
Louise Haigh
In her response to that urgent question, the Minister reassured the House that queries would be dealt with within four working days. We know that that simply is not the case, and many of my constituents have been waiting for weeks to hear back from Concentrix or HMRC about their tax credit award. Will she update the House about the deadline for dealing with these cases?
Jane Ellison
I will come on to that, but the hon. Lady has provided me with an apt moment to be clear about what I said on that day. I said that once we had established the facts of the case, people should be paid within four working days. Clearly, some cases are complex and need further details to be provided. In response to the urgent question, I said that once we had established the facts, an automated process would authorise payment to be made within four working days. That is the timeline to which HMRC is working.
As I have said, it is absolutely critical that we get the right information, establish the facts and get payments started again. To that end, HMRC took back from Concentrix 181,000 incomplete cases, and staff have been working hard to resolve them. I can update the House by saying that 178,000 of the 181,000 cases have already been finalised, which represents 98% of them. HMRC has already written to the people concerned in the other 2% of cases, and it should conclude those cases by the end of this month. I want to place on the record my thanks to HMRC staff for their efforts in that regard. HMRC staff are also taking on reviews that are requested of any decision made by Concentrix.
Chris Law
It is startling that 98% of cases have been resolved within four weeks. Is there any evidence whatsoever that there were grounds to pursue people over their tax credits in those 98% of cases, or was this a bogus fishing expedition, as all of us in the House are likely to believe?
Jane Ellison
It is important to recognise that when a case is resolved, it means that a conclusion has been reached based on the facts. I cannot give the House the breakdown of cases in which payments have been reinstated, cases in which there was in fact an error in the claim that had to be corrected, or indeed cases—a very small number of them—in which claims were fraudulent. The point is that the cases have been resolved according to the facts provided and in the knowledge of the person concerned. We may be able to provide a breakdown at some point, but I am not in a position to do so today.
Kate Green
The House would find it especially helpful to know to what degree Concentrix was steered by the Government towards looking for undeclared partners, and to what degree the contract incentivised Concentrix to jump to conclusions?
Jane Ellison
No. I really must make some progress—you may not indulge me too much more, Mr Speaker, if I give way again—but I will see whether I can take further interventions later.
As hon. Members should be aware, anyone who wishes to challenge any changes made to their tax credits has a right to request a mandatory reconsideration of their case. As of the start of this week, HMRC had received more than 26,000 such requests. Staff have already reviewed and resolved more than three quarters of them, and they are up to date with the Concentrix reviews. As I have said, that means that the cases have been resolved in accordance with the facts; it does not necessarily mean that there was a problem in each case. However, at least such cases have been resolved, and closing the remaining cases will of course be a priority.
That gives the House a sense of the necessary steps being taken to fix the immediate problem: restoring quality customer service, resolving people’s claims and checking that the right decisions have been made. But I know that hon. Members have been worried about people falling into hardship if their claim has been incorrectly withdrawn or reduced due to errors. That has quite rightly been the source of many of the questions we have been asked. I reassure Members that a system is in place to support anyone who contacts HMRC in such circumstances. They will be helped to request a review of the decision taken—the so-called mandatory reconsideration that I have just mentioned. Those in hardship will then receive a payment of £100, normally on the following day, while their review is being handled.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
On that specific point, my constituent Katy Holness successfully challenged an erroneous Concentrix investigation. HMRC wrote to her saying that she would have £100 compensation but warning her that that £100 might in itself trigger an overpayment. What does the Minister say about that?
Jane Ellison
It is very difficult for me to comment on a specific case, but if the hon. Gentleman writes to me with the details I will ask HMRC to comment on it. We held a further drop-in on 19 October, and if the House feels it would be useful to hold another such Member drop-in for cases such as that to be resolved face to face, I am very happy to arrange one. If hon. Members are aware of people in hardship—I know many are—they can bring that directly to our attention. In fact, I am grateful to all those Members who have already taken action of that kind and attended the various drop-in sessions I have organised in the House. I remind everyone that there is a special hotline for MPs to raise issues and seek information, and we have allocated extra staff to make that service available over extended opening hours. We will address any such cases with the greatest of urgency.
We are making some progress towards at least putting an end to the distress and worry that some people have regrettably faced in recent times. Mechanisms are in place to make sure that anyone in hardship as a result of uncertainties or mistakes will be supported. Those two things have been our top priorities.
Maria Eagle
Will the Minister tell us where the duff information that has been acted on by Concentrix has come from? One of the key things about these cases is that the information upon which people’s claims have been cancelled has been almost universally poor and nonsensical. Where have those data come from?
Jane Ellison
Most of the data that both HMRC and Concentrix are working from are the sort of data Members would expect companies and HMRC to be using in this regard. Concentrix makes some reference to credit data. Because there are so many tax credit claims, a lot of the work on pointing to where there might be errors is based on the history of where there have been substantial errors over time, and those individuals and people—
Jane Ellison
Not just at the moment—I must make some progress.
Particular individuals in particular circumstances are more prone to error. Over the years that tax credits have been running quite a substantial picture has built up of where error is more likely to exist.
Jane Ellison
No, I am sorry, I am going to make some progress.
We have been working—[Interruption.] The hon. Member for Garston and Halewood (Maria Eagle) says the information is duff, but there are a lot of cases of error, and some of fraud, in the system. It is not the case that all the information is, in her word, duff—far from it. I will come on to mention the figures involved, but all right hon. and hon. Members know that there are times when people give the wrong information; that is mostly because of error, but sometimes because of fraud.
Jane Ellison
I will just make a bit more progress, then I will bring the hon. Gentleman in.
We are working hard to address the wider issues, many of which have been alluded to. I will move on to the three main points in the motion. We agree that Concentrix’s performance fell below the standards required in its contract. I do not want to ignore the millions of pounds’ worth of savings it has helped to deliver for the taxpayer, which might not otherwise have been achieved, but when the level of customer service is so far below what we expect, it is right that we take action.
First, then, as set out under the terms of the contract, payment to Concentrix will be cut in response to its failure to adhere to the standards required. Secondly, as HMRC announced on 13 September and I confirmed the following day, its contract will not be renewed beyond its end date in May 2017, nor will any further procurement exercise for tax credit checks be taken forward at that time. Thirdly, I can confirm that HMRC is in discussion with Concentrix to agree a negotiated early exit from the contact.
Several hon. Members rose—
Jane Ellison
I will take some interventions, but before I do I must say that, as the House would expect, while those commercial discussions are ongoing I cannot provide full details of the negotiated early exit; however, I expect it to be finalised shortly.
Several hon. Members rose—
Jane Ellison
I will give way to the hon. Member for East Antrim (Sammy Wilson), because he has been waiting a long time.
Sammy Wilson
Although Members accept that cases of hardship have been created, does the Minister also accept that in a written answer to the House she indicated that Concentrix was meeting its 75-day service level, had an average answer time of six minutes for phone calls and was making decisions within 23 days, and that of the 660,000 appealed cases that went to HMRC, only 280, or 0.6%, were upheld? Does she accept that not all of the blame goes on Concentrix, which in many ways met its targets but is now being made a scapegoat?
Jane Ellison
I have said, both in reply to the urgent question on 14 September and in my opening remarks today, that front-line Concentrix staff have been working hard to resolve these issues. The problems of a contract like this, and of getting through on the phone, are never usually the fault of the person you finally get through to. It is right to say that people have been working hard. I suspect the hon. Gentleman represents many of the people who work there.
Kevin Hollinrake (Thirsk and Malton) (Con)
I also welcome the statement that we are terminating the contract with Concentrix. That is absolutely the right thing to do. I have a number of constituents who have suffered these problems. Mr and Mrs Young from Malton provided evidence that they were married. Despite that, Mrs Young was identified as unmarried and living in Whitby on her own. Members of Parliament have the emergency hotline—I have used it—and people can get emergency hardship payments. Does the Minister welcome that and should we make it more publicly known that those measures are available for people in hardship?
Jane Ellison
That is exactly right, and today’s debate is timely as it allows us to focus on that. I am now going to give way to the hon. Member for Sheffield, Heeley (Louise Haigh), who has done so much work on this matter.
Louise Haigh
I am grateful to the Minister for giving way—she is being very generous. As we have heard, the contract altered last year. Will she confirm how the contract was altered last October, and that it was altered because Concentrix was unable to make enough money out of it before then?
Jane Ellison
If the hon. Lady will forgive me, I will write to her on that. As commercial discussions are ongoing it would be best to write on something as detailed as that, and I am happy to do so.
Rebecca Long Bailey
I thank the Minister for giving way, as I know time is precious. I appreciate that she cannot divulge the terms of the ongoing negotiations for the termination of the contract, but will she commit to coming back to the House to make a statement as soon as those terms are finalised? Will she provide the information that she can obtain—for example, when the dispute process was first examined and the outcome of that process? We are at the very end of a contractual process, and simply want to know what the timeline was.
Jane Ellison
Again, those are matters I will return to, in part because there will be a number of examinations of this situation—the National Audit Office has already talked about the work it will do. I will come on to that.
Several hon. Members rose—
Jane Ellison
Well, I have not taken one from my hon. Friend, but I will take one from the Scottish National party and then I will progress to the end of my speech.
Neil Gray (Airdrie and Shotts) (SNP)
I understand, with the challenges coming from the Opposition Benches, why she wishes to outsource blame purely to Concentrix, but this Government wrote the contract to incentivise Concentrix’s behaviour and, as confirmed by the Economic Secretary last week in Westminster Hall, sent the personal data to Concentrix to investigate—
Mr Speaker
Order. We are tremendously grateful to the hon. Gentleman, but I feel that he has surely concluded his intervention.
Jane Ellison
Far from saying that this is all Concentrix, I think there are lessons to be learned all round. I should signal now that, because I think there are lessons to be learned all round—for HMRC, for Ministers and certainly for Concentrix—the Government do not intend to divide the House on the Opposition’s motion. I want this to be an exercise in understanding the problems and learning the lessons. I will take one more intervention, for balance from my hon. Friend the Member for Kingston and Surbiton (James Berry), and then move on to the end of my speech.
James Berry
I have two Concentrix cases from single mothers, one of whom was required to disprove a relationship she plainly never had with a former tenant of her house, evidence she could not possibly provide. Does my hon. Friend agree that what is important now is that the Concentrix contract has been ended and a system for investigating mistakes and a hardship fund have been put in place? That is what is important.
Jane Ellison
My hon. Friend rightly brings us back to the human factor. He is right to highlight that the heart of what we want to do is to get people back in payment, where they should be, and to relieve hardship. I will now move quickly towards the end of my remarks. Mr Speaker has been very indulgent.
Among the discussions happening at the moment, HMRC has agreed to the transfer of Concentrix staff to HMRC. Concentrix has begun consulting its staff on this point and anyone transferring to HMRC will be supported through further training to help us deliver a quality public service.
It is also right, as the motion suggests and the shadow Minister challenges, that we look long and hard at what went so wrong with Concentrix’s performance. Not only do we owe that to all those who were caused worry or distress as a result of these failures, but it is also of huge importance that we learn from what happened and prevent any similar issues arising in any future contracts across government. That is why HMRC will be looking at how the contract with Concentrix was managed. It accepts it has lessons to learn. It has given evidence to one Select Committee already and will be giving evidence to at least one other—learning lessons and undertaking analysis of the claims.
Members will be keen to see an unbiased, independent assessment. As has been alluded to already, the independent National Audit Office, which scrutinises public spending, has announced it will be conducting an inquiry into the Concentrix contract. HMRC will work and co-operate with the NAO very closely to support that inquiry. The investigations will undoubtedly include, as the motion suggests, a consideration of the knock-on effects that may have been caused to other services provided by HMRC. As I have outlined, HMRC has needed to deploy extra staff to address the problems encountered, but I reassure the House that it is currently managing the increased workload effectively. Again, that is a testament to the efforts of its staff. It is also a reflection of the flexibility HMRC possesses. It is a large organisation capable of moving staff around quickly and dealing with peaks of demand, which it is accustomed to handling at various points in the year.
During the debate we have touched a number of times on the point about mitigating suffering. As I set out, our first course of action is to ensure that we get people’s tax credit claims back on track. HMRC is working hard to get the information needed from claimants to put anyone entitled to tax credits back into payment, including paying any arrears to which they are entitled. In parallel, HMRC is taking forward any requests for reviews of Concentrix’s decisions. Indeed, many decisions have been overturned. I have made inquiries and it is fair to say that, largely, they have not been due to original errors, but have followed the provision of additional information that has been obtained through the process of the mandatory review. So many of these problems have been caused because people did not, or were not able to, respond to the first timetable they were given. They have now provided that information—the hon. Member for Garston and Halewood (Maria Eagle) asked about this earlier—and we have been able to reassess their claims.
We have also made it a priority to address urgent cases of hardship through the usual mechanisms, but I will look at the point made by the Chair of the Work and Pensions Committee. If anyone has been caused undue distress or financial loss following errors or wrongdoing by Concentrix, they should contact HMRC. Such complaints will be taken very seriously, with a thorough examination of all the evidence. Where mistakes have been made, HMRC will not only make sure claimants are now being paid correctly, but pay compensation where appropriate.
It may be helpful for colleagues to know that I have asked to be told on an ongoing basis the issues that Members are bringing up with HMRC. Someone used the phrase “early warning signal”. Members’ complaints—Members from both sides of the House have been assiduous in representing their constituents—are a very good early warning signal for when things might not be right.
In conclusion, it is undoubtedly the case that there remains too much fraud and error in the tax credits system. It is a complicated system and it is very easy for many honest people to get it wrong. Error and fraud stood at £1.37 billion in 2014-15, so it is right that the Government—any Government—are determined to spend taxpayer money sensibly and sustainably, and take action to address that. We want to ensure that those who are entitled to tax credits get them, but, as we all know, it is vital we prevent overpayments that will then need to be paid back. We have all seen the enormous distress that this causes to vulnerable people. Often, just through not supplying the right information and getting muddled up about a form, people end up owing a lot of money, and that causes a lot of distress.
Progress is being made. Error and fraud in the tax credit system are now close to their lowest levels since its introduction in 2003. We are not going to take a step back in our efforts to ensure we have a fair tax system that tackles non-compliance in all its forms. We announced an extra £800 million in funding last year to do so, but that has always got to be balanced by the need to keep providing both the financial support and quality customer service that people, whatever their income level, are entitled to. On this occasion, the balance was not appropriate. It is for that reason we have taken the action I have outlined to put the situation right. We want to support people who are struggling with their claims and we want to reinstate payments to those who are entitled to them.
I am sure that many of the comments that have been made so far, and will be made in the debate that follows, will be fair. I will not agree with all the points made, but there has been much fair comment. For that reason, we will not oppose the motion. Above all, we want a fair outcome for everyone affected and we want to learn important lessons to ensure this sort of thing does not happen again. We must ensure that these important public services work for the most vulnerable in our communities.
Several hon. Members rose—
Mhairi Black
It is also worth remembering that the number people were asked to phone was an 0845 number, so it cost an absolute fortune. I think that anyone in the Chamber would find it cost a fortune, so imagine how much pressure that will put on someone who already qualifies for tax credits, but has been told that they will not be receiving them.
When we in the office did get through, we were told that people had to apply for mandatory reconsiderations, only to discover that the contract also delegated extensive decision making powers to Concentrix, including the processing of mandatory reconsiderations. So this private company has to investigate itself to find out whether it made the correct decision. We should bear in mind the fact that the contract states that it should be paid only on the basis of results. The entire contract has been a shambles; it has been ludicrous from the start.
As if all that were not bad enough, during the evidence session with the Select Committee, Concentrix admitted that 90% to 95% of all mandatory reconsiderations were upheld. The company was openly admitting that it got it right only 5% of the time. These are the people who have applied for an appeal. How many people have had their benefits stolen from them who have not gone for a mandatory reconsideration?
Jane Ellison
It is kind of the hon. Lady to let me intervene. It is worth saying that often the reason the mandatory reconsideration succeeds is that the information previously requested has been supplied to that timetable. It is not fair to say that the reason is because the previous decisions were always wrong. Sometimes the information requested has at that point been supplied and then the correct claim can be instated.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
I apologise for the state of my voice, but it is important that I speak in this debate on behalf of the many constituents who have contacted me about, and who are suffering as a result of, this scandalous Concentrix shambles. I commend the Opposition Front-Bench team for calling the debate, and particularly my hon. Friend the Member for Salford and Eccles (Rebecca Long Bailey) for her forensic analysis of what the Government could have got right when enforcing this contract and the problems that have led us to this point. I also commend my hon. Friend the Member for Sheffield, Heeley (Louise Haigh), who has done so much work to drive the debate forward. I also thank the staff in my office. We all have fantastic constituency staff who do so much to assist our constituents, and I particularly want to thank Shira, Lily and Ruba for the work they have done in dealing with a number of distressing cases involving individuals who have been in deep hardship and have been greatly upset. As my hon. Friend the Member for Stretford and Urmston (Kate Green) said, the people affected have often been single mothers. I also thank Citizens Advice and other local advice charities, which have been faced with a deluge of these cases.
I wish to reflect on a few of these cases. In one, a single mother had a long-standing claim suspended after Concentrix said that she was living with another named woman in her rented property. It was suggested that a third woman was also living at the property, but both were actually previous tenants of the home, one from as far back as 2010. The information had come from the electoral register, even though my constituent had lived in the property only since 2014. The claim was eventually reinstated. Another case involved a single mother and homeowner who had her claim suspended after Concentrix said that she was living with “a couple”. She is the sole owner of the property and had provided evidence to demonstrate that. Again, the claim was eventually reinstated.
The citizens advice bureau referred the case of another single mother to us. Her award was stopped pending an investigation. She was left with no income and we had to refer her to food banks, which is a deeply distressing experience for anyone. Her son is diabetic and requires a specialist diet, so that contributed to her stress and unhappiness. Again, that claim was eventually reinstated. A further case involved a single mother in work who had both her tax credit claims stopped after she was told by Concentrix that her half-brother, who had once sent post to the property, was in fact her partner. That case has not been resolved and she has been without money since August. I have two to four such cases, and I question some of the assurances that we have heard about how long it takes to resolve these cases. I have written to the Minister about a number of cases and we are contacting the helplines. I hope that she will assure us that she will fast-track some of these deeply distressing cases.
Jane Ellison
I am happy to give that assurance. Once again, I urge Members with particularly long-running and difficult cases to get in touch, and I will make sure that HMRC prioritises them.
Stephen Doughty
I thank the Minister for those comments, which will provide some reassurance. We will certainly follow up cases with her office.
All the cases have common themes, one of which is their impact on single mothers and families with complex needs, often including children with health problems. These people are suddenly being left without food and money. Individuals with mental health issues are facing additional stress and anxiety. People have contacted me in desperation, by every possible means. Often they had not realised that their MP was the person to go to, but I have been contacted on Twitter and on Facebook, and by email and by phone. These people have been through the agony and desperation of not being able to get through on the helplines and, in some cases, they have found that the phone has been put down on them, as I outlined earlier. Obviously that is completely unacceptable, and I am glad that the Minister recognises that.
We need to deal with the problem of the final responses that people receive. Those responses often do not explain why the claims were stopped or reinstated, leaving constituents unsure about whether the same thing will happen again, and they do not give an apology. I appreciate what the Minister has said today, but we need to apologise directly to the individuals and families who have been affected. I have talked about the long delays, but an inability to speak to someone directly about the situation creates frustration and distress. We have heard examples of people receiving contradictory and confusing correspondence, and that adds to the pressure and concern that they experience. We have had to refer many constituents to food banks, which causes deep distress to anybody who has to go through it. These people, through no fault of their own, have found themselves in that terrible situation at the end of these erroneous investigations.