Work Capability Reassessments

John McDonnell Excerpts

Wednesday 5th December 2012 Westminster Hall

[Sheila Gilmore (Edinburgh East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hood. Everybody here is probably familiar with some of the issues relating to the employment and support allowance and the work capability assessment. Between the introduction of the assessment in October 2008 and August 2011, 1.15 million new claimants were assessed and 687,000 were declared fit for work. Of those, 102,500 successfully appealed their decision and were awarded ESA. That means that 9% of all ESA assessments have been overturned. When we look at assessments leading to fit-for-work decisions, the figure rises to 15%. Although the proportion of decisions overturned has started to fall, the overall number still remains extremely high.

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 figures published recently cover claims only after appeals have been taken into account—they have been published on a different basis—so we have no data on how many claimants in the migration are originally declared fit for work and then appeal, and how many of those appeals are successful. Although that is not precisely the subject of this debate, I hope that the Minister will see to it that we have more comprehensive and comparable data in future.

The number of incorrect assessments and successful appeals is still high. Like many of my colleagues, I have been considering a number of different aspects of the issue. Earlier this year, I secured a debate here in Westminster Hall on the work capability assessment. On that occasion, I focused on the recommendations for new mental, intellectual and cognitive descriptors drawn up by Mencap, Mind and the National Autistic Society. Although the descriptors are certainly not the only issue that needs addressing, they could have gone a long way to improving the assessment process.

Professor Harrington approved and submitted the descriptors to the Department for Work and Pensions in spring 2011. It is frustrating that officials are only now getting down to assessing properly whether the descriptors would improve the WCA, and we will not get the results of that so-called gold standard review until next summer. There will have been more than two years of delay since the proposals were published.

[John McDonnell (Hayes and Harlington) (Lab)]

I preface my remarks by thanking my hon. Friend for the work that she has done on the issue over a long period. Is her experience the same as mine? The largest number of constituents with whom I deal who have lost their benefits, and those with the most distressing cases, are those with mental health problems and those on the autistic spectrum.

[Sheila Gilmore]

I thank my hon. Friend for his intervention. That is the case. There is a flaw in how the original test was drawn up if it is not accounting properly for those types of condition. That is why it needs to be examined.

--- Later in debate ---

[Julie Hilling]

What concerns me is those people who will always have such a condition or who have a progressive condition, meaning that they will only get worse. What about them? To continue to reassess them and put them through that stress feels absolutely wrong—I cannot think of a better word—

[John McDonnell]

Cruel.

[Julie Hilling]

Cruel, yes. Why are we doing that to that group of people who will never get better?

--- Later in debate ---

[Esther McVey]

I thought I had dealt with that a little earlier when discussing the decision makers and how there is the right to look at when they feel it is appropriate to call someone back, whether three, six, 12, 18 or 24 months later. That obviously has to be right for all, whether the person assessed or the system as a whole. As the hon. Lady knows, we have reviewed the process not once, not twice, but three times under Professor Harrington. Each time recommendations have come back, and we have implemented them, so significant changes are under way.

As the hon. Lady mentioned at the start of the debate, we inherited the situation—the system was put in place before this Government—but we are trying to get it right, we have brought in changes and we will continue to do so until all parts of the House and, most importantly, those being assessed, feel we have got it right.

In conclusion, I echo Professor Harrington who has made it quite clear that the work capability assessment, designed as the “first positive step” towards work, is the “right concept” for assessing people who need our support. He also recognised, however, that there was a need to improve it, which is why we accepted and have largely implemented more than 40 recommendations made in his first two reviews.

Following our reforms, twice as many people go into the support group now as when ESA was introduced. The proportion of people with mental health conditions being awarded ESA has risen from 33% to 49%. I know the hon. Member for Edinburgh East asked specifically what was happening in that regard, and I hope that she can take some comfort from how clearly we are looking into the matter and at how the numbers have changed.

In response to the hon. Member for Ashfield (Gloria De Piero), who mentioned one of her constituents and a physiotherapist, the assessment looks at the function and not the condition. Physios are experts in this area and have comprehensive training, especially on mental health. They are only approved and allowed to be assessors if they have the necessary skills.

As for the critics, Professor Harrington made it clear in his third review:

“All they call for is a scrapping of the WCA but with no suggestion of what might replace it”,

and

“to recognise that things are beginning to change positively in the best interests of the individual would be helpful.”

Debates such as this improve the situation.

[John McDonnell]

Will the Minister meet some of those critics, such as Disabled People Against Cuts or Black Triangle, which has been occupying DWP offices and demanding meetings with Ministers?

[Esther McVey]

I am more than happy to meet them, although they might not wish to as I am not the Minister responsible. I will forward the invitation and I am sure, diaries permitting, that he will do so. I hope that today has been constructive and I thank the hon. Member for Edinburgh East for bringing forward the debate.

Question put and agreed to.