Department for Work and Pensions: Members’ Representations

Janet Daby Excerpts

Wednesday 16th January 2019 Westminster Hall

[Kate Osamor (Edmonton) (Lab/Co-op)]

I beg to move,

That this House has considered representations by Members of Parliament to the Department for Work and Pensions on behalf of constituents.

It is a privilege to serve under your chairmanship, Sir David. I am grateful to have been allocated this debate. I wish to raise the serious and worsening effects that the practices and policies of the Department for Work and Pensions are having on those needing welfare support, and the ability of the advice sector and staff, including those in my office, to support claimants. I could raise numerous points, but I will focus on universal credit. I must praise the work of MPs, third-sector groups and the Work and Pensions Committee in exposing the unfolding catastrophe of universal credit, and repeatedly forcing the Government to rethink their approach. Universal credit’s three main objectives are to reduce poverty, to make work pay and to simplify benefits.

Why do I need to raise the serious and worsening effects of DWP practices and policies? Let us be clear: the challenges that our constituents face are immense. Since being elected, I have witnessed at first hand a Government Department that has been increasingly uncompromising and punishing of claimants. That has been ever so evident in the woeful implementation of universal credit and its callous roll-out.

[Janet Daby (Lewisham East) (Lab)]

I thank my hon. Friend for securing this significant debate. Does she agree that the five-week delay in universal credit is supporting people to get into debt rather than out of it, and that the Government should rethink how that is affecting the lives of real people?

[Kate Osamor]

My hon. Friend makes a valuable point, which I will come to later. I thank her for her contribution.

There is considerable anxiety among the 16,630 house- holds in Edmonton accessing at least one kind of social support that will be replaced by universal credit. By August 2018, around 2,750 households in Edmonton had been moved to the new system. Many of my constituents have reported multiple significant problems in dealing with universal credit, from understanding the new system, to the transition to universal credit, the excruciating application process, receiving payments, which are mainly late, and the ongoing support—in short, the entire system.

My constituents are not alone in their assessment of universal credit. The National Audit Office said that the universal credit programme was

“driven by an ambitious timescale”

and had

“suffered from weak management, ineffective control and poor governance.”

According to the Child Poverty Action Group, difficulties with claiming universal credit mean that currently one in five applications fails.

A vulnerable constituent of mine made a claim for universal credit in July 2018. It was initially incorrectly refused, even though he had provided all the necessary documentation. Only after challenging the decision was his application accepted in September 2018. Despite the appeal being upheld, he did not receive any universal credit payments until December 2018—almost five months after his initial claim. Let that sink in: it was five months after the initial claim, and he was an extremely vulnerable person.

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[Justin Tomlinson]

As the hon. Lady said, that is to do with change of circumstances. The transitional arrangements were put in place for those who were transferring as part of natural migration, and we have, rightly, confirmed that that number will be ring-fenced to just 10,000 this year, so we can have a real deep dive to look at the levels of support that are needed. I will come back to that in a moment.

On the wider point about why transitional arrangements were not put in, that is because it was recognised that there would be a change of circumstances. We are seeing that a lot of people benefit, and some go the other way, but overall we are now spending an additional £2 billion on the current benefits compared with the legacy benefits, before the extra money goes in. That is more money going to the people who need that help.

Let me turn to points where I think there is agreement. We talk about office casework. We all have busy offices and have to prioritise casework and supporting our constituencies. I am very proud to have been rated third out of 650 on theyworkforyou.com on helping constituents. I absolutely understand the importance of casework. One of my staff specialises in this area, has visited the jobcentre with me and talked to the partnership manager. We all have a partnership manager, who is the point of contact for escalating cases.

I know the hon. Member for Edmonton was due to visit the jobcentre in December 2017, and that that visit was cancelled. I encourage her and her staff to take part in such a visit. It is really important, and they are there to help. Where we have specific cases that do not seem right, there is an ability to escalate; MPs can talk to the senior people in the respective jobcentres and they can help take that forward.

I have a lot of sympathy with the point about digital by default. The principle was to mirror the world of work, because most workplaces now expect staff to have a reasonable level of digital engagement. However, that is not the case for all people. Not all people on universal credit will end up in work—even if that is their ultimate aim, not everybody is going to, and not everybody will do that overnight. We need to improve communication in order to advise about alternatives; claimants can access support via the telephone, face to face, or through home visits. We need to do better at promoting that and it is certainly something that I will continue to push on.

We also need to look at the issue of consent. One of the complications of the General Data Protection Regulation is that we now need implicit consent. I regularly meet stakeholders, particularly housing associations and local authorities, who say, “We represent many of your vulnerable claimants, and we want to help. We have the resource to help, and we have teams, but unless we know that one of the people that we are working with is about to be migrated or has come on to universal credit or is accessing an advance payment, how can we help?” We have got to find a way, and I think that should be done in the same way as with advance payments—through making asking for implicit consent an automatic part of the initial interview, in order to get those support organisations working with claimants. There is a resource there that wants to support claimants and we should be doing everything we can to match them up.

We made a significant announcement on putting citizens’ advice into every single jobcentre throughout the country. It will be an independent organisation, and we will cover the costs. That will start in April, and I welcome it. As part of the test-and-learn with the 10,000, I want to look closely at exactly how much time is available to vulnerable claimants. Is it enough or are there other things that could be done? I think we should look very carefully at that.

[Janet Daby]

Advance payments still take five days. Does the Minister agree that that is just too long? What are people expected to do during that period?

[Justin Tomlinson]

Actually, if somebody is in particular hardship, they can get access to money within a couple of hours, so that is an option. I am not sure how well that has been communicated, but that rule is in place for those who genuinely need it.

We should continue to work with stakeholders. I am very receptive to meeting stakeholders. Throughout the week I meet different groups that will often come and challenge the Government, and hold our feet to the coals. It is right for them to do that, because they are identifying issues. There are a number of cases where a stakeholder with particular expertise has then helped to rewrite and deliver our training. For example, on the very important issue of domestic abuse, I have been working very closely with Women’s Aid, Refuge and Mankind. They went over all the training documents and sat through a typical claimant’s experience to identify whether things are in place. We are looking to bring further improvements based on their expertise.

Universal Credit

Janet Daby Excerpts

Monday 5th November 2018 Commons Chamber

[Ms McVey]

The Conservative party is always about balancing fairness for everybody: fairness to the taxpayers paying the bill as well fairness to those getting benefits and those going into work. I thank my hon. Friend because when I met his Trussell Trust team in Shipley, one of their first requests was that the maximum rate at which deductions can be made should reduce from 40% to 30%. I am glad that I can deliver that today.

[Janet Daby (Lewisham East) (Lab)]

I strongly disagree with the Secretary of State. Universal credit is not getting residents out of poverty. I say that because a constituent of mine, who has mental health problems, contacted me this morning. He was moved over to universal credit and fell into housing arrears, which is exacerbating his mental health condition. It is very distressing for him. For those people unable to self-identify for managed migration, how will they acquire additional support? I do not think it is good enough that people are being tested out and then this is failing them.

[Ms McVey]

If the hon. Lady would like to meet to discuss what has happened to her constituent and how we can support him, I am more than happy to do so. Equally, I know that a lot of people are coming to universal credit with debt—it is not due to universal credit, but what they come with. Maybe together we can work to support that person.

Universal Credit

Janet Daby Excerpts

Tuesday 16th October 2018 Commons Chamber

[Alok Sharma]

As I have said, we have a system of universal credit that is about being fair to the most vulnerable and taxpayers and that is sustainable. The hon. Gentleman will know that changes made previously were voted on in the general election in 2015 and in this House in 2016. The key thing is to ensure that we are supporting the most vulnerable people. Under managed migration, we will give protections to those who are migrating across from legacy benefits; 1 million disabled households will gain and half a million people on severe disability premium will also be protected.

[Janet Daby (Lewisham East) (Lab)]

The DWP has no process in place to identify people with high support needs and instead relies on claimants to self-identify. What will the Minister do to ensure that disabled claimants who experience difficulties making a claim will not be left without the support and finance that they need?

[Alok Sharma]

People will get one-to-one support under universal credit. They have an opportunity to have a discussion with their work coach and develop that relationship, meaning that they can be signposted to the support that they need. It is working.

Equalities Legislation: Guide Dogs

Janet Daby Excerpts

Wednesday 5th September 2018 Westminster Hall

[Alex Chalk]

The hon. Gentleman is absolutely right. Raising awareness is crucial, but where efforts to raise awareness have been unsuccessful, we need a process that is proportionate, streamlined and victim centred to ensure that justice is done in a way that is not as hit-and-miss and patchy as it is now.

The other problem is that local authorities usually do not keep records. For example, in the case of an individual transgression on the door by an 18-year-old who has not been properly trained, one might understand that there are mitigating circumstances and that what is required is better training, but what if the same thing happens six months later? Surely, a record should be kept so that the excuses that were advanced first time around start to ring a little hollower.

The burden to enforce the Equality Act should pass to local authorities. They have the power to bring trading standards prosecutions for breach of copyright. If someone is selling dodgy DVDs on the Promenade in Cheltenham or perpetrating blue badge fraud, the local authority can intervene to take action, so why can it not bring proceedings for breach of the Equality Act as part of its licensing duties, thereby at least sharing the burden with the complainant? There should be a duty on local authorities to keep records of breaches so that those breaches can be put before the licensing committee when decisions are made about license grants or extensions. In that way, repeat offenders would be found out and such breaches could be taken into account when they applied for a new or extended licence.

The bottom line is that the Equality Act 2010 is a good piece of legislation, particularly in relation to disabled people, but it needs to be given more teeth if it is to fulfil its true potential.

[Janet Daby (Lewisham East) (Lab)]

I thank the hon. Gentleman for securing this important debate. I am here on behalf of all my constituents, but one particular constituent, who is visually impaired, contacted me to report that discrimination against guide dog owners when they try to access businesses and services is disturbingly common, despite being against the law. A Guide Dogs report showed that three-quarters of the assistance dog owners surveyed had been turned away because of their dog. As the hon. Gentleman rightly mentioned, taxis and minicabs are the most frequent offenders for rejecting guide dog owners. In one year, 42% of assistance dog owners were refused by a taxi or minicab driver because of their dog. The discrimination and confrontation that assistance dog owners face when trying to carry out everyday activities undermines the independence that those dogs bring them, leaving them feeling embarrassed and angry.

That evidence of the frequency of refusal of access shows that the law is still not well understood, which presents guide dog owners with significant challenges in enforcing their rights and making those rights a reality. Does the hon. Gentleman agree that taxi and minicab services and drivers should be required to undertake disability equality training as part of their registration process, so that they fully understand the rights of assistance dog owners?

[Alex Chalk]

I am grateful to the hon. Lady for that full intervention. I agree with everything she says. To pick up that point, which was also made by the hon. Member for Torfaen (Nick Thomas-Symonds), training and awareness are critical, but there is a disconnect with the enforcement regime in respect of taxi drivers, where the police and local authority can intervene to bring a prosecution and a conviction can lead to a fine of up to £1,000. If the breach relates to a bricks-and-mortar premises rather than a vehicular premises, the enforcement regime is completely different. It seems to me, and indeed to those people with disabilities whom I have spoken to, that that is a distinction without a difference. It is just as humiliating and dehumanising to be refused access to a restaurant or a café, and yet it is far more difficult to seek redress. An individual who has been wronged in that way must be supported to seek redress that is proportionate and streamlined. It should not require an individual potentially to get legal advice or issue proceedings, at considerable personal cost, or to get witness statements, an allocation to the fast-track, defences and all that sort of thing, which is a stressful and time-consuming process. The system needs to be more victim-centred and streamlined.

--- Later in debate ---

[Justin Tomlinson]

I thank the hon. Gentleman for that point, which goes to the heart of some of the points raised by my hon. Friend the Member for Cheltenham. The onus should not be on the individual to go through complex and difficult legal channels; perhaps that should be a given and should be enforced—I will cover that point later in my speech.

It is more than 20 years since Parliament first built on the Disability Discrimination Act 1995 by introducing a duty on employers and service providers to make reasonable adjustments for employees and service users. That duty is now enshrined in the Equality Act 2010, and includes a requirement to provide or allow for auxiliary aids, including animals, for disabled people, to avoid their being put at a substantial disadvantage compared with people without disabilities. I very much recognise, however, the concerns raised by my hon. Friend the Member for Cheltenham and in interventions, and we must consider this issue.

Part of the potential solution, and one suggestion that has been put forward, is that we could, in effect, replicate the enforcement that takes place in the taxi trade. Such enforcement includes criminal sanctions in which the police will get involved, and a licensing team that will take such issues into consideration. I understand why my hon. Friend would like a more hard-hitting approach, because without that we would not be having this debate. The Government are absolutely committed to reviewing access for disabled people and, if necessary, to amending regulations to improve disabled access to licensed premises, parking and housing. We are receptive to the points that have been raised today.

There have been calls for the licensing of venues and premises by local authorities to include certain conditions that relate to the satisfaction of reasonable adjustment requirements, or for repeat offenders who have refused entry to people with assistance dogs on more than one occasion to have to change their ways to renew their licence. I believe the Home Office considers that there may be some challenges to doing that, but it has committed to improving disabled people’s access to licensed premises as part of the alcohol strategy currently under review. That work will include understanding the scope of the challenges facing disabled people, and possible practical solutions. Everything that has been raised today will be fed into that, and I will ask my Home Office colleagues to meet my hon. Friend and talk through his proactive and very measured suggestions.

[Janet Daby]

On local authorities becoming more engaged and having more responsibilities, since 2010, Lewisham East has seen cuts to local government of £165 million, and we have halved the size of the council. Does the Minister agree that we need to invest in our local authorities and local government to fulfil duties such as the ones he mentions?

[Justin Tomlinson]

I strongly suggest that the hon. Lady’s local authority talks to that of my hon. Friend the Member for Angus (Kirstene Hair) about how it has been able to share best practice proactively. We can all learn lessons from that.

Part of the work of reviewing the alcohol strategy will involve engagement with the Office for Disability Issues, bringing in its expertise and network of support from various disability charities to scope out the work and understand how best to engage formally with disabled people’s organisations and other representative groups. I am very encouraged by the Government’s move on that important issue. We also welcome the current inquiry by the Women and Equalities Committee into enforcement of the Equality Act 2010. That is timely, as it links into our commitment to improve and strengthen the enforcement of equality laws, so that businesses that deny people a service are properly investigated and rightly held to account. In conclusion, this has been a constructive, helpful, timely and measured debate, and all suggestions made will be filtered through. It is a priority for this Government to improve the situation, and I thank all hon. Members for their support in this vital area.

Question put and agreed to.