Points of Order

Marsha De Cordova Excerpts

Thursday 4th July 2019 Commons Chamber

[Sir John Hayes (South Holland and The Deepings) (Con)]

On a point of order, Mr Speaker.

[Marsha De Cordova (Battersea) (Lab)]

rose—

[Mr Speaker]

I will come to the right hon. Gentleman, but it would be a pity to squander him at too early a stage in our proceedings. The House will want to savour the experience of hearing him in his characteristically poetic form and mood, so we will come to him erelong. Meanwhile, we will hear a point of order from Marsha De Cordova.

[Marsha De Cordova]

On a point of order, Mr Speaker. Following the High Court ruling in 2017, the Department for Work and Pensions is now reviewing more than 1.6 million personal independence payment cases, to identify people entitled to additional social security support. Today the Department has released an update on its review, and the figures are deeply concerning. The Government had estimated that 14% of cases would see an increase in their award—an estimate that was cited multiple times in this place and outside it. But the figures released today show that just 0.8% of the cases reviewed have led to an increase in award. That is a significant disparity, and given the Department’s shambolic record, we need confidence that it is not yet another error. I seek your guidance, as I believe this is such an important issue that an oral statement should have been made to the House.

[Mr Speaker]

I am grateful to the hon. Lady for giving me notice of her intention to raise a point of order on that matter. I am bound to say that I have not received notice of an intention by Ministers to make an oral statement—

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 1st July 2019 Commons Chamber

[Justin Tomlinson]

Under universal credit, from the initial conversation with a work coach, individual claimants—including those with disabilities—can get support. We continue to make improvements to the work capability assessment, following the five independent reviews. Over 100 different recommendations have been taken on board. I work very closely with stakeholders, as do all the ministerial team. We look to continue to improve the process.

[Marsha De Cordova (Battersea) (Lab)]

Support for disabled people in work should be a top priority for this Government, but on several occasions I have raised with Ministers a fundamental flaw under universal credit for disabled people in work, which is that to qualify for in-work support, such as the work allowance, one must be found unfit for work under the work capability assessment. That contrasts with legacy social security, where someone qualifies for in-work support by being in receipt of DLA or PIP. Does the Minister agree that this is absurd, and will he commit today to rectifying this illogical and damaging policy?

[Justin Tomlinson]

I will commit to continuing to do everything we can to ensure that all people with disabilities and long-term health conditions have the maximum chance to get into work. I am very proud of the fact that over the last five years alone, 950,000 more disabled people are in work, and we continue to make good progress towards our target of a further 1 million disabled people in work by 2027.

--- Later in debate ---

[Amber Rudd]

I thank my right hon. Friend for being such a great champion of people with disabilities and tackling the challenges they have in the workplace, and I must say that the example he has given is very disappointing, because we would always hope and expect employers to show compassion and support where they have applications and the opportunity to employ disabled people. The work that this Government are doing will always try to address that, and with my right hon. Friend’s help we will make sure we get it right.

[Marsha De Cordova (Battersea) (Lab)]

The two men competing to be the next Prime Minister have both said they would be willing to push through a catastrophic no deal. That is despite long-running warnings that disabled people will be hit hard by a no deal, with risks to vital medical supplies and the recruitment of care workers and the loss of the European social fund. However, last week Ministers revealed that the Government have not carried out any assessment of the impact of no deal on disabled people, so will the Minister commit to carrying out such an assessment, and could he in good conscience be part of a Government who pushed through such a reckless act?

[Amber Rudd]

The hon. Lady may be aware that I have some concerns about no deal; I would much prefer that this country chooses to leave the European Union on the basis of a deal, and I am hopeful that when we have a new leader in place we will be able to arrive at that position, possibly even with the support of the hon. Lady, to try to ensure that we get an exit that supports disabled people as well as everyone else.

Local Housing Allowance: Supreme Court Ruling

Marsha De Cordova Excerpts

Thursday 13th June 2019 Commons Chamber

[Marsha De Cordova (Battersea) (Lab)]

(Urgent Question): To ask the Secretary of State for Work and Pensions to make a statement on yesterday’s Supreme Court ruling in the case of Samuels v. Birmingham City Council and the impact it will have on the Department’s setting of local housing allowance rates.

[The Parliamentary Under-Secretary of State for Work and Pensions (Will Quince)]

The ruling was not against the Department; it was a case against Birmingham City Council. I will look at the judgment carefully. The Court decided that the local authority had used the wrong test when deciding whether accommodation is affordable. The assessment is needed when deciding whether someone has made themselves intentionally homeless.

The decision is primarily one for local authorities to consider with regard to how they deal with applications for unintentional homelessness. However, I will undertake to consider the implications fully with my Department. LHA rates are not intended to meet full rental costs in all areas. The intention behind the welfare reform programme is that the same considerations and choices faced by people not in receipt of benefits should also face those claiming benefits. The LHA policy is designed to make the system fairer for all to achieve that.

The Government recognise, however, that the impact of freezing LHA rates may have different effects across the country, with rents in some areas increasing at different rates. In view of that, a proportion of the savings from the freeze to LHA rates is used to create targeted affordability funding. That funding is being used to increase those LHA rates that have diverged the most from local rents.

[Marsha De Cordova]

I am grateful to Mr Speaker for granting the urgent question.

Yesterday, the Supreme Court ruled on the case of Samuels v. Birmingham City Council, a case in which a single mother with four children was found “intentionally homeless” for not using her subsistence social security to pay the shortfall between her local housing allowance and her rent. Since 2016, the Government have frozen LHA, while private rents have continued to rise. That has meant that housing benefits no longer cover the cost of renting in the private sector.

Research by Shelter has found that for a two-bedroom home, even for the cheapest third of rents, LHA rates do not cover rental costs in 97% of areas in England. In the case that the Supreme Court ruled on yesterday, Ms Samuels was expected to use her social security to find an additional £150 a month to top up her local housing allowance to cover her rent. That put Ms Samuels in an impossible situation, essentially forcing her to choose between housing her family and feeding them. That is happening in the context of local authorities being forced to spend £1 billion a year on emergency and temporary accommodation, with the costs of preventing homelessness being pushed from national to local government.

The Government cannot continue to expect the poorest people in our society to find a way of paying for what the Government refuse to. The judgment sets a precedent. Will the Minister make a clear statement on the Supreme Court’s judgment and tell the House how the Government intend to respond? When will the Secretary of State reset LHA rates in response to the judgment? Finally, will the Minister tell us what assessment the Government have made of the hardship caused by the freeze in LHA rates?

[Will Quince]

The hon. Lady is right that LHA rates were frozen in the summer Budget in 2015 and have therefore been frozen since 2016. That was about getting our welfare bill under control. It was about ensuring that we provided the support necessary for those who needed it and fairness for those who pay for it, and making sure that our welfare system is sustainable in the long term. I can tell the hon. Lady that the freeze will end in March 2020. In all cases, the targeted affordability fund is available. We also have discretionary housing payments, and £1 billion has been made available since 2011.

Ultimately, it is a supply issue. LHA rates are one thing and supply is another. We need to look at successive Governments that have not built enough affordable—by which I mean council and social—housing. Nevertheless, the hon. Lady will be aware that I did a lot of work in this area before taking up my ministerial post. She would therefore expect me to undertake further work in post, and there will be more to come.

Inequality and Social Mobility

Marsha De Cordova Excerpts

Wednesday 12th June 2019 Commons Chamber

[Margaret Greenwood]

As I explained, I am short of time so, unfortunately, I am not going to give way.

Leaving people to wait for over a month without any income at all, when many may not have any savings, is simply callous, so will the Government end the five-week wait? The Joseph Rowntree Foundation has identified cuts to social security, low pay and high housing costs as key reasons for rises in poverty since 2011. It has said that the benefits freeze, which affects 14 million people on low incomes, is the single biggest driver of rising poverty levels. By the time the freeze is due to end in April next year, the JRF estimates that it will have increased the number of people in poverty by 400,000, but of course, the cuts to social security did not begin or end with the benefits freeze alone. By 2020-21, the Government will be spending £36 billion less each year on working-age social security than they did in 2010.

[Marsha De Cordova (Battersea) (Lab)]

Will my hon. Friend give way?

[Margaret Greenwood]

Apologies—I am short of time so I will not.

That lower spending includes a cut of £5 billion in support specifically for disabled people. The Institute for Fiscal Studies identified the two-child limit as a key reason for the increase in child poverty to a predicted 5.2 million by 2021-22. The Government must wake up to that reality and understand that as a country we have no option: child poverty must end.

When we consider social justice and disabled people, the picture is bleak. A report by the Social Metrics Commission shows that nearly half the 14 million people in poverty live in families with a disabled person, yet the basic disabled child element in universal credit is worth less than half that in child tax credits and there are no disability premiums. The equivalent support under universal credit for people who receive severe disability premium is around £180 a month lower than under legacy benefits.

Research by Scope demonstrates the inequality in living standards that disabled people face, driven by the additional costs that they face for essential goods and services. Social security support should ensure that disabled people can meet these costs and participate as fully as possible in wider society.

The Secretary of State said in a speech in March that she recognised that disabled people often feel on trial when claiming social security, yet she simply proposed merging personal independence payment and employment and support allowance assessments. The MS Society has likened that to

“harnessing two donkeys to a farm cart and expecting it to transform into a race chariot.”

Will she commit to scrapping the existing system of assessments, and replace it with a supportive environment that responds to people’s needs?

The Government repeatedly say that work is the best route out of poverty, yet this is not borne out by the statistics. About two thirds of people living in poverty live in a working household. The UK is second only to the United States in income inequality among the major world economies in Europe and North America. An IFS study in May found that average chief executive officer pay among FTSE 100 companies in the UK in 2017 was a staggering 145 times higher than the average salary of the worker, up from 47 times higher in 1998. This points to a huge social injustice. It cannot be right that those at the top earn so much more than the vast majority of working people.

All too many people are trapped in low-paid, insecure work, unable to pay the bills. In 2018, in-work poverty increased faster than employment, and 4 million workers were in poverty, a rise of over 500,000 over five years. About 840,000 people are on zero-hour contracts in this country, and women and young people in particular are more likely to be in insecure work. Research by the TUC shows that only 12% of people on zero-hour contracts get sick pay, while 43% do not get holiday pay, and they have average hourly pay over £4 lower than those not on zero-hour contracts, yet this Government still refuse to ban zero-hour contracts.

To make matters worse, under this Government employment support is based on the punitive sanctions regime, despite the fact that there is no evidence that it leads to people finding work that lasts and lifts them out of poverty. Shockingly, over 1 million sanctions have been imposed on disabled people since 2010, but there has been little progress in closing the disability employment gap, which is currently at 30%. Are we meant to believe that disabled people deserve this treatment? Clearly, disabled people are being punished by this Government, rather than supported. Young people are more at risk of being sanctioned, but again there is a real question mark over the effectiveness of the employment support they are being offered through the youth obligation.

I now turn to the high cost of housing. It has long been assumed that younger generations coming through would do better than their parents, but that is no longer the case. Millennials are half as likely to own their own home by the age of 30 as baby boomers, and the Office for National Statistics has estimated that about a third of young adults were living with their parents in 2017. How can they forge their own futures and start families of their own in these circumstances?

This Government have decimated the provision of social rented homes. Since 2010, the number of new social rented homes has fallen by over 80%, and the number of people in the private rented sector has increased by over 1 million households. The evidence of a crisis in housing is all around us. Rough sleeping has more than doubled since 2010, and over 120,000 children are recorded as homeless in temporary accommodation. What kind of a start in life is that?

Research has shown that greater equality has a positive impact on wellbeing for all, yet in the UK we see widening inequality and lack of social justice having a devastating impact on individuals, families and communities. We see a failure of this Government to tackle the most serious social problems that successive Labour Governments have sought to address—poverty, homelessness, disadvantage and destitution. This Government’s austerity programme has decimated social security and led to inequality of provision across education, health, social care and housing.

There can be no excuses. We on these Benches call on the Government to end child poverty, invest in social housing and public services and take urgent action to tackle rising inequality and the suffering of millions.

--- Later in debate ---

[Amber Rudd]

The number of people on zero-hours contracts has started to fall. This Government are always going to respond to the changing labour market and to regulate to ensure that it works for people. It was this Government who made sure that no zero-hours contract employer could say that someone could have only one contract. We legislated against that, so that people could have more independence on zero-hours contracts.

The benefits of universal credit are that, because of the real-time information, people are given the correct support once they interact with their work coach and with their page, so I hope that they will see the benefit of that. We have built a welfare system fit for the 21st century that not only supports people in need but provides a springboard into work. Every extra hour worked is rewarded, and tailored work coach support helps claimants to find the right job for their circumstances.

[Marsha De Cordova]

Will the Secretary of State give way?

[Amber Rudd]

Not just now.

I have heard success stories from people across the country who have been supported into their dream jobs through the hard work of my colleagues in jobcentres. I sometimes think that Opposition Members underestimate the great work that the work coaches do. When I go round and talk to them, they take very personally the assistance that they can give to individual members in hon. Members’ constituencies, the way they can signpost them to the additional help they can provide and the personal support that they give them. When I asked one of them recently what aspect of universal credit they would change, they replied, “Our reputation.” So many people talk down universal credit, but the person-to-person work that is done in the jobcentres is actually very sympathetic and constructive. We continue to roll out universal credit, and it will provide additional opportunities to people who access it. That is why the Joseph Rowntree Foundation has reported that universal credit is likely to help an extra 300,000 members of working families out of poverty, the majority of whom include someone who works part time.

I recognise that my Department, working with colleagues across the Government, must continue to open up new opportunities for workers as the labour market responds to automation and new forms of work, so we will face the challenges of a changing labour market head-on and continue to support everyone to thrive in work while of course providing support for those who cannot work. Indeed, under universal credit, 1 million disabled people will receive approximately £100 more per month than they did under the legacy system.

[Marsha De Cordova]

I thank the Secretary of State for giving way. She has mentioned disabled people and the fact that 1 million are better off, but does she agree that the abolition of the severe disability premium meant that a number of disabled people were left worse off? It was left to the courts to make a judgment stating that those disabled people were wrongly treated. Will she now commit to separating out the managed migration regulations to ensure that disabled people who lost out on the severe disability premium have their money back paid immediately?

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[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to follow my hon. Friend the Member for Leigh (Jo Platt).

This Government have talked up social mobility, but their record is woeful. Last month, the UN special rapporteur on extreme poverty compared Tory austerity policies to the creation of 19th-century workhouses. He described cuts as leading to the

“systematic immiseration of a significant part of the British population”,

with

“punitive, mean-spirited, and often callous”

austerity policies causing what he called a

“social calamity and an economic disaster”.

This is truly a damning indictment, and it joins many international bodies in slamming the Government for their treatment of society’s most oppressed and marginalised. A recent Human Rights Watch report said that “cruel and harmful” Government policies are responsible for increasing the number of children going without adequate food.

We are used to hearing about such things happening in poor and exploited countries, but not in the fifth richest country on earth. However, this is the consequence of nine years of Tory austerity. It is what happens when we slash social security spending for some our most vulnerable, public services are starved of much-needed funding and wages are frozen. Many Members from across the House, or perhaps just on the Opposition side of the House, come across many such instances in their constituency surgeries—from families crammed into unsuitable, overcrowded and poor housing to disabled people being denied social security. We see it in food banks handing out record numbers of food parcels—1.6 million last year, with more than 500,000 for children. That is shameful.

At the same time as the assault on the living standards of the poorest, the Government have handed out over £110 billion in tax cuts to some of the wealthiest. The 1,000 richest individuals in this country now hold record wealth: £771 billion in total, up nearly £50 billion in the last year alone. This is a shameful record, and it is the Government’s legacy—record numbers of billionaires alongside record numbers of food banks.

The hardest hit are disabled people, members of the black and Asian community, and women. Let there be no doubt but that these stark inequalities shape life chances. Young people who are born black and working class in my constituency will face struggles that are very different from those of the wealthiest. They may be living in poor housing: it might be overcrowded, and the conditions will be poor. Their parents are likely to be working multiple and low-paid jobs. Their school will be struggling with funding, and their teachers will be overworked. Those who are poor growing up in my constituency know that going to college or university is a route for them to secure a better future, but what has happened? The Government have cut the education maintenance allowance and trebled tuition fees. They face barriers that some of the wealthiest do not face. That is the reality for so many of our young people.

This is what happens when the country is run in the interests of the most wealthy, not to benefit the many. We can fund our public services, build good social housing, build a social security system, and create secure and well-paid jobs. We can tackle inequality. Labour believes that the best way to give everyone a fair chance to succeed is to tackle the underlying structures of inequality. That is how we achieve real social justice, and that is how we achieve equality for all.

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 13th May 2019 Commons Chamber

[Justin Tomlinson]

All claimants should be advised at the beginning of the process that there are alternative methods of communication. I welcome the introduction of the Citizens Advice provision across the jobcentre network, which is an additional layer of independent support, particularly for vulnerable claimants who may find it difficult to access services.

[Marsha De Cordova (Battersea) (Lab)]

May I welcome the Minister to his post? As the National Audit Office recently pointed out, the number of disabled people out of work has stagnated at 3.7 million during the past five years, because increases in the number of disabled people employed have not been matched by a decrease in the number of disabled people who are out of work. Under the Government’s flagship Disability Confident scheme, it is possible to be a Disability Confident employer without actually employing a single disabled person. Will the Minister now commit to independent evaluation of the effectiveness of that flagship scheme?

[Justin Tomlinson]

The Government have actually delivered an additional 930,000 job opportunities for disabled people over the past five years, and for the first time more disabled people are in work than out of work. The NAO also welcomed our joint work with the Department of Health and Social Care, particularly in the area of mental health. As for the Disability Confident scheme, I welcome the fact that 49% of the businesses that have signed up have said that it helped them to recruit at least one additional member of staff with either a disability or a long-term health condition.

Ten Years of the Work Capability Assessment

Marsha De Cordova Excerpts

Wednesday 24th April 2019 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Henry. I congratulate my hon. Friend the Member for North West Durham (Laura Pidcock) on securing this debate. I thank all organisations that have provided briefings for it, and commend the excellent campaigning work of so many disabled activists, including those from Disabled People Against Cuts, who have shown that through direct action, our voices can be heard. I welcome the Minister to his new post, and I, too, hope he lasts longer than his predecessors. I look forward to working with him to try to make a difference.

My hon. Friend the Member for North West Durham made an excellent opening speech that highlighted the flaws in the unfit-for-purpose assessment framework, and the inadequacies of the assessment. She eloquently described the impact of poor decision making, and the flaws in the process that so many individuals have to go through. These ill and disabled people have to endure weeks, if not months on end, of waiting to receive the vital social security support to which they are entitled. She rightly highlighted the damning report from the UN Committee on the Rights of Persons with Disabilities, which stated that this Government have caused a systematic violation of the rights of disabled people. She also highlighted the harrowing experiences of so many people, which I will come on to later in my speech.

This afternoon hon. Members from across the House have shared their testimonies and paid tribute to their casework teams. We MPs are picking up a lot of this casework. We heard from my hon. Friends the Members for Ellesmere Port and Neston (Justin Madders), for Oldham East and Saddleworth (Debbie Abrahams), for Lincoln (Karen Lee), and for Coatbridge, Chryston and Bellshill (Hugh Gaffney), and from the hon. Members for Strangford (Jim Shannon), and for Glasgow South West (Chris Stephens), to name just a few.

Ten years on from its introduction, the unfit-for-purpose assessment continues to cause unnecessary harm. I admit that the work capability assessment was flawed from its inception, in that it fails to assess a person’s ability to work, instead relying on a series of functional descriptors that do not reflect the real world of work or the barriers to it. Under the coalition Government in 2012, WCA criteria were revised and the descriptors changed, making the test more restrictive. Once assessed, a person was placed in one of two groups: limited capability for work, or limited capability for work and work-related activity. In 2017, however, the Government did the unthinkable and abolished the work-related activity group component for employment and support allowance and universal credit. That denied nearly 500,000 ill and disabled people almost £30 per week, and chose to ignore the additional costs and distance from the labour market that are faced by ill and disabled people.

All hon. Members here have mentioned the outsourcing of assessments. Since 2010, more than £1 billion has been paid to private contractors, including Atos and Maximus, which have repeatedly failed, even by the DWP’s own performance standards. Despite those failures, the DWP recently announced that it will be extending the contract for Maximus until 2021. Does the Minister not agree that instead of extending the contract for a further 16 months, it is about time that we ended the privatisation of the assessments and brought them back in-house? I also ask the Minister to publish the contract and its terms, and how much it is going to cost, as his predecessor promised.

Members have told heartbreaking stories about the failures of the outsourced assessments, such as that of Larry Newman, who was assessed by Atos, was awarded zero points, and died of lung problems soon after. Healthcare professionals are asking inappropriate and offensive questions, and are compiling inaccurate reports. Citizens Advice says that 81% of its advisers have seen assessment reports that contain inaccuracies.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

Will my hon. Friend give way?

--- Later in debate ---

[Marsha De Cordova]

I am sorry; I have to keep going.

The flawed WCA has led to inaccurate and poor decision making. Some 74% of decisions on ESA are overturned at appeal, but less than a quarter of ESA cases are overturned at mandatory reconsideration. As a result, many are forced to go to appeal tribunals, which, according to Citizens Advice, have an average waiting time of 30 weeks. That is 30 weeks without vital social security support. In 2017, the DWP spent £120 million challenging the cases at appeal tribunals. When will the Minister act to address the failure of the mandatory reconsideration stage?

My hon. Friend the Member for North West Durham mentioned all the cases that drop out of the system before even getting to mandatory reconsideration or appeal stage. Do we record that information? If not, does the Minister not agree that it is time to start recording and calculating the number of people who are falling out of the system? Will the Minister also share how much it costs to administer ESA appeals?

It is good that the ESA65B letter will be revised for the summer. Will the Minister pause any further distribution of those letters to GPs?

Perhaps the biggest failure of the work capability assessment lies in its role as a cause of and contributor to mental distress for ill and disabled people. My hon. Friend the Member for Oldham East and Saddleworth listed all the people who took their life in 2017. This is just not good enough. The Government recently revealed that 5,690 people died six months after being found fit for work. That is unacceptable. These are people like Stephen Smith, who was found fit for work, despite having multiple illnesses. He died last week, and we send our condolences to his family and friends, because this is not an acceptable situation. There is no stronger indictment of a failing system than thousands dying months after being denied vital social security support—the support that is supposed to be the safety net for the most vulnerable in our society.

It is time to scrap the failing system. It is not time to merge or integrate ESA, universal credit and personal independence payments. As long as two assessments are deeply flawed, combining them will only expose individuals to the risk of two adverse decisions as opposed to one.

This is a cruel and callous assessment framework, which has created a hostile environment for disabled people. Labour, disabled people and disabled people’s organisations are clear that we need to scrap the work capability assessment immediately and replace it with an assessment framework that treats disabled people with the dignity and respect that they deserve. We need to end this hostile environment.

Supporting Disabled People to Work

Marsha De Cordova Excerpts

Thursday 28th March 2019 Commons Chamber

[Marsha De Cordova (Battersea) (Lab)]

(Urgent Question): To ask the Secretary of State for Work and Pensions if she will make a statement on the National Audit Office’s report “Supporting disabled people to work”.

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

The Department welcomes the National Audit Office report, which acknowledges the Department’s work to build our evidence base and deliver tailored support through jobcentres with partnership working, including healthcare services that deliver for disabled people. Between 2013 and 2018, disability employment has risen by 930,000, but there is more to do to deliver on our commitment set out in the “Improving Lives” paper. As the Secretary of State announced earlier this month, we will review our goal of 1 million more disabled people in work by 2027 to see if it can be made even more ambitious.

We know that personalised, tailored support and tackling the misconceptions and the barriers that people may face are effective in getting disabled people into work. Our initiatives give claimants the opportunity to access personalised support to help them to move closer to work and to help to achieve cultural change, including through our Disability Confident scheme, supporting employers to provide job opportunities. Since the “Improving Lives” paper was published in 2017, the Department has launched the Work and Health programme, which will support some 220,000 disabled people, and the intensive personalised employment support programme, which will start at the end of this year. Access to Work supported some 33,860 people last year, up 13% to a record high, and more than 11,000 employers have signed up to the Disability Confident campaign.

The Department routinely evaluates its labour market programmes and ensures that the evidence is used to provide the most effective interventions that help people move closer to the labour market. We will continue to build our evidence base by testing a range of initiatives and using this evidence to inform our future strategy. With universal credit, that is transforming the labour market prospects of disabled people, not only through earlier and more intense engagement, but by allowing them to move into and out of work without the fear of losing their benefits or having a new health assessment. This year, we will also introduce new disability employment adviser leader roles to support work coaches to build their skills and capabilities.

In conclusion, stakeholders will be at the heart of our future work. Together we will continue to do all we can to unlock disabled people’s potential.

[Marsha De Cordova]

Mr Speaker, may I start by thanking you for granting today’s urgent question?

Today, the National Audit Office published a damning report evaluating the Government’s progress in supporting disabled people into employment. The NAO concluded that, two years into the Government’s work, health and disability strategy, the Department for Work and Pensions lacks any clear measures or implementation plan to promote the employment of disabled people.

The report found that the number of disabled people out of work has remained stagnant—at 3.7 million—for the last five years, highlighting that the increase in the number of disabled people has not been matched by a decrease in the number who are out of work. The report also found that the Government have yet to evaluate the effectiveness of their employment support programme. Indeed, the head of the NAO has said that the Government

“has yet to make a significant dent”

in the number of disabled people out of work. The disability employment gap has stayed at a little above 30% for the last two years. Recently, the Secretary of State announced “a more ambitious plan” to increase the employment target beyond 1 million in the next 10 years. Given the NAO’s conclusions today, how does she expect to deliver that?

The NAO also found that the case load of work coaches is set to double as a result of universal credit. How will the Minister ensure that disabled people do not receive a worse service, and what additional resources will be made available, aside from just disability employment leads?

We all know that the Access to Work scheme is effective, but many employers are unaware of it. Will the Minister commit to expand the scheme and to remove the current cap? The Government’s Disability Confident scheme lacks any credible performance measures to ensure that disabled people get the right support, as well as any quality standards or independent evaluation. Will the Government now commit to getting the scheme independently evaluated? Will they also start to record the number of disabled people who are in work as a result of it?

Finally, it has been two weeks since there was a Minister for Disabled People. When will one be appointed?

[Justin Tomlinson]

The NAO report did welcome our approach to offering tailored and personalised support. We know from speaking to disabled people of all ages that that is something they very much welcome. All of us in society have our own unique challenges and opportunities as we navigate through life and particularly as we seek work. From the many visits I made during my time as the Minister for Disabled People, I know just how powerful the case is for doing everything we can to help disabled people into work, and particularly young disabled people, who want to have exactly the same opportunities as their peers.

The NAO report also welcomed our test-and-learn approach. There is no global, off-the-shelf book that says exactly how we can help every single individual. We have to develop new, innovative ways, and that was welcomed, as was our commitment to continue partnership working, particularly to support local, excellent initiatives that help to unlock people’s potential.

I do not recognise much of what the shadow Minister said, because there are 930,000 more disabled people in work over the last five years. This is real people having the opportunity to work; these are record numbers. Over 400,000 workless disabled people a year move into work. That is a welcome figure. However, we recognise that more needs to be done, which is why the Secretary of State was passionate about saying that we will review that target of 1 million more by 2027, and I will support that.

We are focusing our efforts on personalised and tailored support. We are increasing the number of disability advisers and their training. The personalised support package will unlock local initiatives. The work and health programme is helping 220,000 disabled people. We are doing joined-up working with the Department of Health and Social Care. Our proactive work supporting employers has also helped. I recognise the point about raising awareness of Access to Work, and we do need to do more on that, but we had a record number of people last year—up 13%. The cap has gone from 1.5 times average earnings to twice that amount, at about £57,900. I welcome the cultural change among employers who recognise that, with just a few small changes, it can be a win-win situation. I felt that as an employer, and a number of times when I engaged with businesses of all sizes. Those businesses benefit, as do disabled people, and we will continue to do all we can.

Personal Independence Payments: Merseyside

Marsha De Cordova Excerpts

Tuesday 26th March 2019 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is an honour to serve under your chairmanship, Sir Edward, and I congratulate my hon. Friend the Member for Garston and Halewood (Maria Eagle) on securing this important debate. As a former Minister for Disabled People, she is well aware of many of the issues and barriers that disabled people face. I mean no offence to the Under-Secretary of State, but it is appalling that to date we still do not have a Minister for Disabled People, given that it is nearly two weeks since the former Minister resigned. However, given that the Under-Secretary is, himself, a former Minister for Disabled People, I am sure he will address some of the concerns that have been so eloquently raised by many of my colleagues.

My hon. Friend raised some important points, and highlighted the dire situation in her constituency. She started by mentioning the increase in complaints about the personal independence payment, and said that in the last three months alone, there has been a threefold increase in appeals. There are multiple issues and problems with the assessment framework, beginning with the lack of provision that means that people who require a home assessment are not given one. Inaccurate assessment reports are provided by assessment providers, and many individuals who are assessed do not even recognise what has been written. Some providers do not comply with guidance that allows supporters to be in the room to contribute to the assessment or support the person they are with.

The most important point, which was highlighted by many hon. Members, was the delay in PIP award decisions, and the long time that people have to wait for appeals. One person had to wait more than 12 months for an appeal, and the average is more than 36 weeks, which is not acceptable. There are a high number of mandatory reconsideration cases where decisions are not overturned. That stage was introduced by the Department to help get the decisions right, but that is not happening, as demonstrated by the number of assessments that are overturned when they arrive at tribunal.

My hon. Friend the Member for Garston and Halewood and my hon. Friend the Member for Liverpool, Riverside (Dame Louise Ellman) referred to a culture of indifference among assessment providers, and other Merseyside MPs made strong cases and represented their constituents well. Frankly, however, they should not have to come here, plead, and bring forward their cases. It is great that we can do that, but the Department should be getting those decisions right in the first place. The problem is that that is not happening.

My hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) highlighted the experiences of his constituents who have been turned down for PIP. Those decisions are often overturned at tribunal, but in the meantime people are left destitute and have to turn to foodbanks, which cannot be acceptable. We also heard about the experiences of those living with mental health distress, which we know causes untold problems. My hon. Friend the Member for Wallasey (Ms Eagle) highlighted the experiences of her constituents; in her area people wait an average of 33 weeks for an appeal, and more than 70% of those decisions are overturned at tribunal. She highlighted five cases, and in each one the decisions made were wrong, and people were left financially worse off. The personal independence payment is supposed to help meet people’s extra costs, but if those costs are not being met, what happens to the lives of those individuals? We should be supporting ill and disabled people.

[Matt Rodda (Reading East) (Lab)]

It is deeply moving and troubling that so many people’s lives are affected in this way by what appears to be poor quality administration by some staff in the Department. I realise that civil servants are under intense pressure, but does my hon. Friend agree that there is perhaps a need for much greater training to try to avoid the terrible problems of delays and people having to resort to foodbanks?

[Sir Edward Leigh (in the Chair)]

Order. If one is going to intervene, it is normal courtesy to be present for most of the debate beforehand.

[Marsha De Cordova]

My hon. Friend makes a valid contribution to the debate, and he is absolutely right. My hon. Friend the Member for Liverpool, Riverside spoke about the assessment frameworks and providers, such as Atos, with which there are countless issues.

When PIP was first introduced, make no mistake, it was a cost-cutting exercise. The Government wanted to cut expenditure and the disability living allowance case load. However, that has not happened, and the Government have spent £4 billion more than anticipated, despite thousands of disabled people losing out on vital support. I frequently hear from disabled people from Merseyside to Merton who have been pushed into destitution by the poor administration of PIP.

Earlier this month, the Liverpool Echo covered a case of a lady whose epileptic mother had been left penniless after her PIP was suddenly withdrawn. In Merseyside, as in the rest of the country, disabled people are suffering because of the fundamentally flawed PIP assessment framework. Thousands of disabled people on DLA have been denied vital support when reassessed for PIP as a result of the assessment criteria.

There is no better example of that than the changed criteria for those who claimed the enhanced mobility component. Under the DLA, a person qualified for that component if they were unable to walk 50 metres, but under PIP that has reduced to 20 metres. That has impacted on many people who received the higher rate mobility component and who had access to the Motability scheme. Indeed, 51,000 disabled people have lost their Motability vehicles, as have those who challenged decisions, and who then had to get their vehicle back when the decision was overturned in their favour. One lady who wrote to me said that having her car taken away was like “losing her independence”, which is unacceptable. Why will the Government not take note of such experiences, and understand that the criteria must change?

We know that 72% of PIP decisions brought to tribunal are overturned, which demonstrates the appalling inaccuracy of the assessment framework and the poor decision making. As my hon. Friend the Member for Wallasey highlighted, in her constituency 76% of appeals are overturned, and disabled people are forced to wait on average for nine months, or 36 weeks, for cases to be heard.

In the past year, the Ministry of Justice has spent £104 million administering social security and child support tribunals. The Government have spent more than £1 billion on outsourced contracts to assessment providers such as Atos and Capita, which have repeatedly failed to meet the Department’s own quality standards. A survey by the Disability Benefits Consortium found that almost two thirds of people claiming PIP felt that their evidence was not taken into account by their assessor. Recent figures released by the DWP show that more than 3,500 people died within three months of being denied PIP. Does the Minister agree that there is no stronger indictment of a failing system than thousands dying after being deprived of social security? When will he finally recognise that it is time to bring those assessments back in house and end the outsourcing?

The DWP is currently carrying out seven reviews into disabled people being wrongly deprived of social security, and four of those are due to the unfit-for-purpose PIP assessment. Most recently, we learned that the DWP is conducting a review into 4,500 people who were on DLA but wrongly denied PIP. In 2017, the tightening of the criteria for those experiencing psychological distress was ruled by the High Court as “unlawfully discriminatory”. That led to a review of 1.6 million people’s PIP cases.

We have heard that Liverpool City Council is introducing a support scheme, but it should not have to do that. I urge the Minister to think about overhauling the assessment framework for PIP, rather than merging the assessment frameworks for PIP and ESA. It is time for a radical overhaul of the system, because PIP has created a hostile environment for disabled people—the very people we should be supporting.

--- Later in debate ---

[Justin Tomlinson]

It is important to set out the overview of where we are. That is why it was so important to highlight those cases in Liverpool and Merseyside, which shape how we do the administration. All our work is done in conjunction with stakeholders that have frontline experience. Hon. Members highlighted the excellent charities and support groups in Liverpool and Merseyside, which are feeding in. They are right to challenge, shape and help us implement the changes. I have seen many cases in which their frontline experience has brought to our attention common sense that should be applied. That has been done, but that work is not complete. I do not know all the details of the examples that hon. Members highlighted—sometimes there are two sides to a story—but presumably their offices have looked into the cases extensively. There are clearly issues that need to be looked at. Hon. Members have my commitment that we will look at those cases very carefully.

[Marsha De Cordova]

The Minister says that he will look at those cases, of which there are many, but does he recognise that there is a significant problem? We have had a snapshot from just one part of the country—Merseyside—but we know that there is a wider issue with the administration of PIP. Does he recognise that?

[Justin Tomlinson]

We always recognise that there is a need for improvement, and we continue to review all the processes—not just PIP, but all parts of Government activity. It is right to do that, and I am sure any party in government would make the same commitment.

Some 92% of claimants complete the forms, but that still leaves 8% who have challenges with them. We have already tried to make improvements by changing the language, tone and style, and shortening the paragraphs. We commissioned further independent research to support further changes. For those 8%, ahead of further changes, we can grant an additional two-week extension. We try to identify vulnerable claimants whom we may have to help with the initial application. With the support of charities and stakeholders, we have produced videos to explain the process. We are trying to make it clearer and remove claimants’ understandable anxiety. For claimants who have severe mental or behavioural conditions, learning disabilities, development disorder or cognitive problems and who cannot engage with the claims process, we will try to offer what support we can, beyond the excellent work of local organisations, which has been highlighted.

Many of the concerns that hon. Members raised were about the assessment process. We encourage help from carers, family friends, social workers or local support workers. I am really disappointed to hear the two examples from Liverpool and Merseyside of people who were trying to provide that support, which would have resulted in a better quality assessment. That should not be happening, and we should look into it. That is an incredibly important part of the process—not just because people are anxious or because demonstrating all their individual challenges is a complex process, but because for some people, particularly those with long-term health conditions, their issues have become a given. They no longer see those issues as a challenge and do not raise them, so they do not get the support that they should be getting. It sometimes takes having someone with them to say, “Actually, that isn’t right. We need to do something.”

Oral Answers to Questions

Marsha De Cordova Excerpts

Monday 18th March 2019 Commons Chamber

[Amber Rudd]

I thank my hon. Friend for raising this important matter, and I thank him particularly for the great work he does in his constituency for young people. I have looked into this, and there are many different initiatives taking place in his constituency, but I particularly commend the Prince’s Trust, which does such great work across country, and which attends the jobcentre fortnightly to provide targeted support for 18 to 24-year-olds.

[Marsha De Cordova (Battersea) (Lab)]

Shocking reports have emerged today that ill and disabled people are being left without vital social security, as the Department for Work and Pensions has sent misleading letters to GPs advising them that they no longer need to provide fit for work notes to patients who are refused employment and support allowance. Patients need those notes to access the assessment rate of ESA if they are appealing the decision, and this obviously results in many being left close to destitution and in rent arrears. Will the Secretary of State commit today to reword these letters and immediately prevent any further harm to any ill and disabled people?

[Amber Rudd]

I thank the hon. Lady for giving me the opportunity to set the record straight. These letters simply inform GPs when a claimant has been found fit for work, and are not intended to dissuade them from issuing fit notes for ESA appeal purposes. To claim otherwise is inaccurate. We are committed to ensuring our communication is clear, which is why the wording of this letter was cleared by both the British Medical Association and the Royal College of General Practitioners. However, we will of course consider feedback when revising the letter.

Disability Assessment Services

Marsha De Cordova Excerpts

Wednesday 13th March 2019 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is an honour to serve under your chairmanship, Sir Christopher. I congratulate the hon. Member for Chichester (Gillian Keegan) on bringing forward this debate. She made some really valid points. She is absolutely right that it is up to the Government to remove of some of the barriers that disabled people face to ensure that they can live independently and participate fully in society. I welcome the move to stop assessments for personal independence payment for pensioners, but we need to go further to ensure that those who do not need reassessment do not have to continue to go through the arduous assessment process.

We heard from Members across the Chamber about the fundamental flaws in the assessment framework for disabled people. We heard about the time that many ill and disabled people have to wait for an assessment. Indeed, my hon. Friend the Member for High Peak (Ruth George) highlighted that in her area people have to wait up to 48 weeks before they get to an appeal. We heard countless accounts of what happens at assessments and of poor decision making. My hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) shared his constituent’s experience of being given two days’ notice but still being recorded as a no-show, yet assessment providers can cancel at the last minute. We need to eliminate such double standards. The hon. Member for St Ives (Derek Thomas) pointed out some of the poor decision making that happens after assessments and highlighted the rubber stamping of decisions at mandatory reconsideration stage. That step was put in place to ensure that we got decisions right earlier, so it is really important that that issue is picked up.

Since 2013, more than 700,000 ill and disabled people have been forced to challenge decisions at appeal following poor decision making after their assessment. Last week, the Secretary of State for Work and Pensions admitted that disabled people feel “put on trial” by these assessments. By her own admission, we need not just small-scale improvements of the assessment framework, but a wholesale overhaul of the system, which has created a hostile environment for disabled people.

Every week, I hear from constituents and from disabled people across the country who have been pushed to despair as a result of the failing assessment framework. I was contacted by a lady called Susan, who has Crohn’s disease. She is on DLA and has a Motability vehicle. Following her assessment, in which she did not score any points for her mobility, she lost her car, which she described as her one bit of independence. I share her experience with the House because it is not isolated; I hear these heart-wrenching accounts all the time.

Some 72% of PIP decisions are overturned at appeal, and more than 100,000 disabled people have been wrongly deprived of PIP. We heard that more than 4,500 disabled people were wrongly denied PIP when they transferred from DLA. Most shockingly, 17,000 people died before their PIP decision was reached. In the last three months, nearly three quarters of people who appealed their work capability assessment decision were successful.

We know the system is flawed and is not working. That is why it is worrying that we are looking at combining all these assessments. We cannot combine them when we know there is bad decision making and the assessment framework is flawed, so I ask the Minister: why not listen to people like Susan, and look at conducting a wholesale review and overhaul of the system?

[Ruth George]

Will my hon. Friend give way?

[Marsha De Cordova]

I will not; I do not have time, frankly.

The Government announced last week that they would extend the contract of the Centre for Health and Disability Assessments, better known as Maximus, to carry out work capability assessments. Nothing could be worse for any disabled person to hear. Since 2014, an estimated £595 million has been paid to Maximus to carry out assessments and in total £1 billion has been paid out to private contractors. These companies have repeatedly failed the DWP’s standards, so does the Minister agree that rather than extending the contract, it is time to bring these assessments back in-house? Will she confirm that the details of the new contract will be made available to Members?

It appears that I have only 20 seconds left, which is shocking, so let me be clear: we need a radical overhaul of the assessment framework before any moves are taken to combine the assessments. We need an assessment framework that will take into account disabled people’s lived experiences and treat all disabled people with the dignity and respect they deserve.