Benefit Claimants Sanctions (Required Assessment) Bill

Debate between Michael Tomlinson and Mims Davies

2nd reading: House of Commons
Friday 2nd December 2016 Commons Chamber

[Mims Davies]

I thank my hon. Friend for her considered intervention.

Today we have heard about a “postcode sanctions lottery”, about formalising and consistency, and about efforts to ensure that no one falls into the gap. The people who make the decisions will not always be in possession of the full facts, which is why we need a process to examine the sanctions system. The four principles of the Gregg review offer a useful set of tools for assessment of the strength of the policy, and were endorsed in the Oakley review. The additional pillar described in the Oakley review has also provided a clearer recourse in terms of appeal, and that must be welcomed.

We are talking—and have been all day—not about statistics, but about people, livelihoods, aspirations, children, families, homes and security, and that is absolutely right. I strongly believe that this is a listening Government. My hon. Friend the Member for Faversham and Mid Kent (Helen Whately) said what worried her about the Bill was the risk of duplication and pure bureaucracy in a system that would continue to be tweaked and would continue to evolve. That system will have to change to meet new challenges, and there are people in the middle of the process. I know that, in this area as in many others, the Government are listening and proceeding with reform based on constructive criticism and research, and that they are taking a pragmatic stance. I like to think that the Minister, who is a Hampshire neighbour, is always listening, although I see that he is talking to a colleague at the moment

A new sanctions regime was introduced in 2012 with the important aim of increasing the effectiveness of categorisation. Again, this was about people, not just statistics. The categories were higher, intermediate and lower, depending on whether a transgression had been repeated and on the nature of the fault. I think that that was a good reform. Proportional responses mean a system where one size does not fit all, and we have an opportunity to approach people and their personal circumstances differently.

[Michael Tomlinson]

We have heard many examples of hard cases in which things have gone wrong, but the current legislation contains a safety net—a “catch system”. It used to be called good cause, and is now called good reason. The examples that have been cited—such as people who are five minutes late because they missed the bus, or because they were having a baby—are already covered by good cause, or good reason.

[Mims Davies]

My hon. Friend makes an important point. The entire legal system based on common law is about applying the law in a consistent way historically and geographically, so we must make sure that the application of sanctions is consistent.

--- Later in debate ---

[Mims Davies]

I hear the hon. Gentleman, and I genuinely came into this debate with the view that the Bill has some real benefits. However, I believe that better and more up-to-date guidance, rather than legislation via the Department, is the right way to proceed. But I still do believe that through the Bill and this debate we can learn a lot about how sanctions can be operated humanely.

I realise that for those, few in number, who are given sanctions, that makes a big difference to their lives. Those people will be suffering huge hardship because of their sanctions and because certain criteria mean they do not receive safety-net payments. I recognise that 60% of a very small amount of money for those in a very difficult situation is an unpleasant place to be, but this does give us a layer of protection. I have great sympathy with the measures in the Bill limiting the use of higher level sanctions in certain circumstances.

There might be mental health issues, homelessness and caring responsibilities. Just yesterday, I heard from one of my caseworkers that we had managed to deal with a slightly different issue in terms of homelessness: someone was moving from north London, who was without family and who was in a difficult position because of disability. We have managed to get him on to the right level of support in the local area where his friends and family are located. That had been affecting his mental health, and we were all crying when we were speaking and listening to this constituent.

Every single time I meet my constituents, I am moved by the plight people find themselves in, and mental health issues and homelessness issues play a huge part in them. In fact, there were very few sanctions cases in our casework, but where we had intervened and got to the bottom of it we had made progress. I am very pleased the system is working in that way.

As co-chair of the all-party group on carers, I recently led a debate on carers in this House. I am a former carer, supporting my mum and dad, and we know the enormous sacrifice the 6.5 million carers undertake daily for their loved ones. Two million more people a year will come into caring responsibilities in some way or other. We need to be able to reflect that in the way we support our constituents.

There is a quiet carers army on which all of us depend, which is why I always speak to my constituents about making sure they are aware of the benefits system and are making sure they get all the support they need. The benefit sanctions system should consistently recognise that people have caring responsibilities, and if it does not we need to ensure that the Government pour support into this area, just as they are in the area of mental health. The pledge to provide an additional £1 billion for mental health provision by 2020-21 is welcome. Mental health issues reach every part of the way in which the state operates, including the sanctions regime. I have had a constituency case in which the parents of a young lad with mental health issues had a problem with sanctions. We managed to deal with it because the way through to him was via his parents. They were able to come to me to ask for help.

Every one of us in this House who is a former councillor will be aware of the link between mental health and homelessness, and of the urgent decisions that have to be made in order to get people into a place of safety urgently.

[Michael Tomlinson]

My hon. Friend has mentioned homelessness and mental health. She might have heard in a previous intervention that the Government are already moving to extend hardship payments to at-risk individuals. Does she welcome that development, given that it will help the groups she is describing in her powerful speech?

[Mims Davies]

That is absolutely the spirit in which I am approaching the Bill. I do not want to pick holes in it, because it has clearly been introduced with fortitude and passion based on casework. Bringing these matters to our attention today has given us an opportunity to have a really welcome debate and for all Members to consider how these things are working in their constituencies and bring any issues to the Minister. However, I am not sure that another layer of bureaucracy and legislation is the way to deal with these matters.

For me, this is an instance—[Interruption.] I shall turn my phone off. I think it was a constituent calling. This is an instance that highlights the need for a greater understanding of mental health issues. We have heard about caring responsibilities. I am here today juggling family commitments. They include the need to be here as well as in my constituency, and finding a way to look after the dog. The dog is always the hard bit. No one can ever get an appointment at a time that suits, and we need to ensure that people who work with benefit claimants understand that what might seem a small challenge to us can be a very big challenge indeed to someone who is in peril.

I have great sympathy for people whose caring responsibilities, mental health issues or homelessness create a situation that attracts a sanction. It would be uncaring of us to penalise carers through the system, because this country relies heavily on them. It would be out of sync with the rest of Government policy for us not to give due consideration to people with mental health needs, and I welcome the recent announcement that homeless claimants with mental health problems will be able to access hardship payments within 14 days.

As we can see, a new policy is being trialled without the need for a Bill, and I am sure that all Members will be keen to read the outcomes of the sanctions warning system trial. I hope that the evaluations will be available for us to study soon. Giving claimants notice and an opportunity to explain the reasons behind a breach is a fair way of approaching the sanctions system. I understand that we can expect the final report around April next year, and I look forward to seeing how the trial is going and how these measures could be taken up nationally.

We must not lose sight of the overall objectives of the programmes. They are designed to ensure that people have the stability of a job and a pay packet, and that we never again see children being brought up in homes where getting a job is discouraged. We must always remember not only the claimants but those who pay in to the system. There are 800,000 fewer workless households today than there were in 2010, and unemployment in Eastleigh has fallen by 63% in that time. I welcome the continued support and focus that the Government are providing for our society so that people can have the security of a pay packet and so that it always pays to work.

Wherever I find injustice in the benefits and sanctions system, I vow to bring it to the attention of Ministers. I have spoken for 20 minutes on this important Bill and, on balance, the most important thing is to make things fair for those who claim and those who work. We must be sure that the Bill does not add to the bureaucracy and make things more difficult for those facing challenges to go on to better things after receiving support.

I congratulate the hon. Member for Paisley and Renfrewshire South once again, and I thank you, Madam Deputy Speaker, for the opportunity to contribute to this debate.

Oral Answers to Questions

Debate between Michael Tomlinson and Mims Davies

Thursday 26th May 2016 Commons Chamber

[Mims Davies (Eastleigh) (Con)]

7. What recent steps he has taken to promote (a) public legal education and (b) the provision of pro bono legal services.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

8. What recent steps he has taken to promote (a) public legal education and (b) the provision of pro bono legal services. [R]