Attempted Suicides (Police Responsibilities)

Mike Penning Excerpts
Tuesday 15th July 2014

(9 years, 9 months ago)

Commons Chamber
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Mike Penning Portrait The Minister for Policing, Criminal Justice and Victims (Mike Penning)
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When I woke this morning, I did not expect to be responding to such an excellent Adjournment debate on such an important subject as the Minister responsible for policing in the United Kingdom and with responsibilities in the Ministry of Justice for child protection—among other things, I believe, which we will see once the final list comes out.

I congratulate the hon. Member for Bridgend (Mrs Moon); may I call her my hon. Friend? We have dealt with many things together in the past and this is an appropriate opening debate for me, not least because of my previous ministerial duties at the Department for Work and Pensions as the Minister responsible for disabled people and, as she mentioned, my time on one blue-light facility as a fireman in the Essex county fire and rescue service. I was also a paramedic, when I was in the military, and a battlefield medic. When we are not on operations, the military look after the communities where they are and, sadly, I remember responding to all too many suicide attempts when I was in both the military and the fire service.

Sadly, as the police are on the front line, they often bear the brunt of what is going on, emotionally as well as in terms of their physical time. It is right and proper that as this is my first speech in this role, I should pay tribute to the work that all police do in this country. The hon. Lady has mentioned the British Transport police and the police in the devolved Administrations. I worked closely with the police in Northern Ireland when I was a Northern Ireland Minister, and there are also myriad other police services, such as the ports police, and the nature of ports means that they often sadly see a lot of suicides and attempted suicides.

When I was the Minister responsible for disabled people, one thing I did with the permission of the Prime Minister was start a joint ministerial forum for Ministers from all Departments. I nearly said that they were required to attend, but actually I cajoled them into doing so. For the first time in 40 years, since we first had a Minister responsible for disabled people, Ministers from all Departments came together not to pat ourselves on the back for what we had done for the disabled community but to see how we could improve things in the short and long term. It is spooky that one thing we were talking about at that forum was the whole question of mental health. The previous policing Minister, my right hon. Friend the Member for Ashford (Damian Green), discussed this very subject with me. We started to work very closely with the Health Minister with responsibilities in this particular area, who has been enormously helpful.

One thing we discussed extensively was not just what to do at the time of the incident, but how we could prevent people from getting to that position in the first place. My hon. Friend the Member for New Forest East (Dr Lewis) alluded to mental health issues in his constituency and I hope that we have all been to mental health facilities in our constituencies to see the excellent work they do. One of the biggest problems we have is ensuring that when someone is presenting, not to a police officer but to a health professional, the knowledge and skills are there to recognise that there is a mental health issue, not least at accident and emergency. I know from my own experience that people were presenting at A and E or being presented by the police, but there were not staff on hand with the skills to diagnose and understand those people’s conditions, which would involve either mental health or learning difficulties—another issue that often comes into play.

Julian Lewis Portrait Dr Julian Lewis
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In my intervention, I did not make it clear enough that what happened in Hampshire appears to be happening in other parts of the country as well. We are going through one of those fashionable phases in which there has been a swing away from in-patient acute mental health beds, which is having an effect as the facilities are not available for the people in acute distress whom the police are discovering or with whom they have to deal.

--- Later in debate ---
Mike Penning Portrait Mike Penning
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My hon. Friend raises an important point. That may well be a useful Adjournment debate for us to have, with Mr Speaker’s permission. Even in our front-line acute accident and emergency departments, it is crucial to have staff with the skills to diagnose exactly what is going on.

I could not agree more with the hon. Member for Bridgend that, while the police will always be the front line—always be the people who are there for us—at the end of the day, even though there is mandatory training, their response is not what we really need to happen. We need to prevent as many suicide attempts as possible. I have myriad figures before me, which the Department has kindly provided, including from the British Transport police. The nature of their job means that they come across people who really intend to commit suicide rather than make a cry for help—although sometimes a cry for help can go too far. Suicides are unbelievably distressing to the police and the British Transport police as well as drivers, the excellent facilitators of our transport system. I have been with drivers of trains and buses that people have jumped in front of, and I know it causes them untold stress because they feel responsible, although clearly they are not.

We need to do more. In the short time that I have had this portfolio, I have had the chance quickly to look at the multi-agency risk assessment conference—MARAC—scheme, which is being piloted. I will look at it in detail. The Select Committee is pursuing its own investigations, and I look forward to assisting the Committee in that work. The hon. Lady touched on other areas where the police may well be involved. The prevalence of people with mental health issues or learning difficulties in our prison system across this great country of ours is very sad, and often the police are called to incidents within prisons. Tomorrow at 9.30, I am meeting the Metropolitan Police Commissioner—on my second day in, he is coming through my door. I will be talking to him about this issue.

Jim Shannon Portrait Jim Shannon
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The Minister will be aware from his position as Minister of State for Northern Ireland of the close co-ordination between the Police Service of Northern Ireland and the local health authorities. The two work together whenever people with suicidal tendencies and mental health conditions are presented. There is a system in place which I know that the Minister will be aware of, and which reacts quickly. Does he feel that that system could address the issues that the hon. Member for Bridgend (Mrs Moon) has raised tonight?

Mike Penning Portrait Mike Penning
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In Northern Ireland I worked closely with the Chief Constable, Matt Baggott, who has retired now—I wish him well, and I wish the new Chief Constable well, too, in a difficult time. Only the other night, we said how pleased we were about how quiet the marching season was.

I want to look at the MARAC scheme to make sure that it is evidence-based. The crucial thing is that, with the limited funding available, agencies must work more closely together so that we not only intervene earlier but, once we have intervened, make sure that we get the decisions right. As the hon. Member for Bridgend said, we get people to what we think is the right place, then release them and sadly the situation recurs. I do not have this written down in front of me—it is anecdotal evidence—but people who commit suicide tend to have tried before. It is sad that as a society we have not managed to pick up on that. If I am wrong about that, I apologise to the House, but it seems to me from my time in the emergency services that that is what happens, and I will look for evidence that I am correct.

The police do a fantastic job no matter where they are in this great nation of ours, and the various police forces all carry out their roles in an exemplary way. It is important that we use their resources correctly. The police will always, rightly, be on the front line. They may sometimes be the first to arrive and in certain circumstances they will be the only people to arrive. It is important that paramedics are trained in understanding health issues and learning difficulties, which are often linked—something that is sometimes not fully understood. We must use our police and their resources correctly. They should not be the first resort but the last resort when it comes to looking after people with these sorts of conditions and those attempting suicide, so that we can improve matters. It is getting better, but I will not drown the House with data. One life lost is one too many, and I hope to work closely with the hon. Lady because I want police arresting criminals and for criminals to be convicted, and wherever possible, not to be put in a difficult position, as is often the case in this particular arena.

Question put and agreed to.

Personal Independence Payments (Liverpool Wavertree)

Mike Penning Excerpts
Tuesday 1st July 2014

(9 years, 10 months ago)

Westminster Hall
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Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
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It is a pleasure to serve under your chairmanship this afternoon, Mr Chope, even if we have been somewhat delayed by proceedings in the House; I fully understand why that was. I congratulate the hon. Member for Liverpool, Wavertree (Luciana Berger) on securing the debate. She is joined in the Chamber by her colleagues from Liverpool, a city I have a great empathy with. I was there only a week or two ago with the mayor. He was very pleased to see me, simply because, I think, I created the cruise terminal in Liverpool, even if I did not save the coastguard station, but we cannot have everything and I did try very hard.

I have been in this job some eight or nine months and my officials will confirm, probably by not nodding, that I am brutally honest about the problems we have with PIP. I have said time and again that the time it is taking the contractors to do the work we are asking them to do, and the time it is taking my Department to do things, is fundamentally unacceptable. I have put a series of measures in place, which I will discuss during the short time I have. If I cannot answer the specific points that the hon. Lady made, or if I forget—I am naughty in that way sometimes—I will certainly write to her with a more fulfilling set of answers.

I say at the outset that if any Member of the House has constituents who are waiting for PIP for an unacceptable length of time, then, like many colleagues in this House, they should write to me. The hon. Lady has done so, as has the hon. Member for Liverpool, West Derby (Stephen Twigg), who is by her side. I cannot promise that that will resolve the situation instantaneously. I am not even certain at times that my intervention will give them the result that they want, but at least I will be aware of the situation, and we can look carefully into the detail of what has gone on. The point I want to make is that people should not be afraid. Nothing that they say to their MP, and nothing in the correspondence that comes to me, would have any effect on the speed or the decision, and that is absolutely crucial. If I put nothing else on the record today, that is very important.

I will touch on a couple of points that the hon. Lady raised, and then on the proposals. In the debate in the House yesterday, we announced how we intend to speed up PIP, and we have set specific targets for that. Thank goodness we live in a country where cancer is not, frankly, the death knell that it perhaps was when I was a young man. The fear of cancer is still there, but for so many people, cancer is curable, and they can go on to live fulfilling lives. When I am looking at decisions to be made on terminal illness, I rely enormously on the consultants and the fantastic work that Macmillan does.

I gave evidence to the Select Committee on Work and Pensions very soon after I came to this job, and it was put to me that it was taking 28 days to make a decision on PIPs for terminally ill people. I said to the Committee that that was unacceptable, and that I would like to get it under 10 days on average. I have done so. It is not the Department’s view that it should take 28 days. That is what it was taking, wrongly; it is inside 10 days now. I think we can drive that down more, particularly with the help of Macmillan and the work I have been doing with it. I do not agree with everything that Macmillan says, but on this particular issue, we work very closely together. We are working now on more technology and particularly on secure PDFs, which in the 21st century, you would think we would use much more widely in government than we do. However, secure PDFs will be used and we will get rid of some of the paper.

Someone having cancer does not, thank goodness, mean that they are terminally ill, though I fully understand the real concerns of someone who has had that diagnosis; but if the consultant or Macmillan tells us that information, under exactly the criteria that were there under the previous Administration, we click into a completely different different system so that we can get the payments out as fast as we can. The length of time that has been taken for a PIP is unacceptable. I am working very closely with providers and my officials at each end of the process to make sure that it is sped up, and to make sure that the contractors—both Atos and Capita—fulfil our requirements as regards quality and have enough capacity in their systems to ensure that they do that. That is something that we are working on. As I have said before, this means that I will be paying the contractors more to deliver the services that we are asking from them quicker. That has an effect on my departmental expenditure limit—I fully accept that—but the most important thing is that we get the payments to the people who deserve them and need them so much, and that people who do not need them do not get them.

Steve Rotheram Portrait Steve Rotheram
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Will the Minister give way?

Mike Penning Portrait Mike Penning
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I will not, if the hon. Gentleman does not mind. I did not intervene on the hon. Member for Liverpool, Wavertree, so that I would have enough time, because this is a very short debate. I have to finish soon and there are some really important points I want to make. If I get towards the latter part of my comments and I have made the points I want to make, I will naturally give way to the hon. Gentleman.

We said in the Chamber yesterday that we expect that by the autumn, no one will be waiting for an assessment for more than 26 weeks and by the end of the year, we expect that to be no longer than 16 weeks. The previous Administration did not have a disability living allowance target, but we have set out that by the end of the year we expect that the waiting time for assessments will not be longer than that. That means that we are investing. We are putting people alongside the contractors from my Department, so we are shortening the journey time. Perhaps they are concerned about certain methods, or whether we can do as many paper-based assessments.

One of the biggest issues that has occurred with the PIP is that under DLA, only about 7% of people applying would ever have had a face-to-face assessment. I think we all accept that that was too low. If there is anybody in this Chamber who does not accept that, I do not understand why. What was wrong is that we went to 97% face-to-face assessments—excluding, obviously, terminal cases—and I think that was unacceptable, and we will drive that down. Within the contract agreements, we would like it to have been 75% to 25%. That was what was set by Ministers in the previous Government. I would actually like to see it much lower—I think 60% to 40% is probably about where we should be. Interestingly enough, the face-to-face assessments that were done under DLA were done by Atos; it was doing the job before, and it is doing part of the job for us now.

I did make a decision, in parts of the country, to turn off natural reassessments for DLA. Let me give the reason why. Capita is doing natural reassessments, but in the other parts of the system that are dealt with by Atos, I was very conscious of people who had no money coming in from this sort of benefit—in other words, they did not have DLA previously and were not getting PIP—and I felt that we should ensure that new claimants were dealt with quicker. I will not turn on natural reassessment of DLA payments that are being converted into PIP—unless a person’s condition deteriorates—until we have got the backlog under control and we are getting the figures that we are talking about now. That is very important. I do not want people with DLA to think that that will suddenly happen tomorrow, and we will be talking to them. We will not. Their payments will stay—I repeat—unless their condition deteriorates.

It is enormously important that we work as fast as we can to ensure that the assessments are done correctly and that lots of people are not worrying about appeals. That is why the decision makers look at the decisions again—natural reconsideration, as it is called. Of course, individuals have the right to appeal, but although these are the early stages, it appears that we are making decisions correctly—not in every case; some still go to appeal, but certainly nowhere near as many are going to appeal as we expected, and there are more people getting more from the PIP decision than they did under DLA.

I can give an example of that. The hon. Member for Liverpool, Wavertree, alluded to some of her constituents’ conditions, particularly in relation to mental health. It was ever so difficult, if not impossible, to get the highest rate of DLA with a mental health condition; people will do so under PIP. There are people getting that now, and that is right and proper. I will move on to another issue, but I did promise to give way to the hon. Member for Liverpool, Walton (Steve Rotheram) if I thought there was time. There is time, so I will give way.

Steve Rotheram Portrait Steve Rotheram
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The right hon. Gentleman prides himself on being from an ordinary working-class background, unlike many of his colleagues. Does he not understand, then, that the fundamental issue is the hardship being caused to constituents, as has been outlined by my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger)? It is no good just outlining what has happened to date. The Government need to do something to tackle the issue and to alleviate the problems that people are having. These are some of the most vulnerable people that any of us will ever come across in our lives.

Mike Penning Portrait Mike Penning
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I am not talking about what has happened. I have said that what happened in the past was unacceptable. I repeat that we expect that by the autumn no one will be waiting for assessments longer than 26 weeks, and that by the end of the year no one will be waiting longer than 16 weeks. That is not the past; that is going forward. A whole series of measures, including contract negotiations, are being dealt with to ensure that we can do that. The hon. Gentleman knows me well enough; I would not stand up and say that unless I believed that it could actually happen. I am absolutely determined, perhaps because of my background, although this is not a means-tested benefit. Everyone who is entitled to it gets it, no matter what, but I also fully accept that if someone’s income is low, this is such a desperately needed amount of money.

There is other help that can be given. The hon. Member for Liverpool, Wavertree, touched on the cost of taxis to the hospital and things like that. There are financial schemes whereby we can help with that, but what really should happen is that we should get the benefits sorted as fast as possible, and the measures that we are taking now—not what we did in the past—will allow us to do what we expect to do by the autumn, and to go beyond the 26 weeks and get down to 16.

With regard to terminal cases, we know anecdotally of some cases that are taking three to four days. On average, it is about 10 days. That means that there are still some, sadly, that take more than that. We will drive that down with technology. We can drive it down by ensuring that part 2 of the form comes back in much quicker than it did. The benefit starts from when the person makes the phone call, or someone makes the phone call on their behalf. That is unlike the old DLA, which started only when the forms arrived. However, we are still struggling to get claimants to get the forms back in as soon as possible.

There is the question of whether we can work more closely—I hope that we can—with the relevant charities and groups that are often advising claimants. There is the question of whether we can work more closely with colleagues across the House to ensure that we get the forms and the information back. That does not mean that we need tons and tons of information. Very often, we get a large amount of information in weight and size terms, when what we really need is a consultant’s letter, a GP’s letter and an explanation of the condition. The assessment is not in any way, shape or form a diagnosis; that has to be done by experts elsewhere. This is a capacity decision as to what their needs would be. I think that we can do a lot more work on that.

One area that we are looking at, for instance, is whether we can share information across different benefits. I know that the previous Administration looked at that. It is quite a complicated area, but we would think it would be common sense. If someone has the higher rate of PIP, we could see where that would link across to what their employment and support allowance would be and perhaps vice versa. It may not give us all the information, but often it would give us more information than we had before.

No Minister, of any colour or persuasion, can say that mistakes will not happen. However, I am determined that we have as few mistakes as possible. Of course, anyone, when we get the decision wrong, has the right to go to appeal, to go to the tribunals. I sat in on some of those tribunals, and one of the things I found was that we just did not have the information, sometimes, that was being presented to the tribunal. If we can deal with that, we can explain things to people much better, and not only because of our reconsideration of the claim.

With PIP, we now make phone calls directly to the claimant to explain why the decision has been made and why it is within the rules. We have found that very helpful. I have sat in on and listened to those conversations. I was in Liverpool, where those calls are made; one of the PIP centres is in Liverpool. Any of the hon. Members here today are welcome to go in and talk to the staff and listen to the calls that are being made. I think that that would be very useful to colleagues, particularly as the centre is on their doorstep. I am not saying that every claimant they would listen to would be from the same part of the world as the hon. Member for Liverpool, Wavertree, or the hon. Member for Liverpool, Walton, but it would be useful to go there. We have made that offer to the Front-Bench team in relation to not only this benefit but others, and I hope that it will be taken up.

I am ever so aware of the concern and the unacceptable lengths of time that the claims are taking. I am doing everything I possibly can to shorten that process, and to get more people having paper-based assessments. That will speed up the process. When people have a face-to-face assessment, that should be done in an environment that is helpful to them, so that we can get the decision made quicker. We have committed ourselves: we expect the length of time to be 26 weeks by the autumn and 16 weeks by Christmas. That is a position that I think we would all be very happy to be in.

DWP: Performance

Mike Penning Excerpts
Monday 30th June 2014

(9 years, 10 months ago)

Commons Chamber
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Rachel Reeves Portrait Rachel Reeves
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I will give way; I haven’t had any letters from this one either.

Mike Penning Portrait Mike Penning
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This one! The shadow Secretary of State should look behind her, and she will see many, many of her colleagues nodding when I say that I have written personally, and dealt with cases personally, and when there was a mistake, I admitted there was a mistake, so the generalisation she has just made about party political bias is fundamentally wrong.

Rachel Reeves Portrait Rachel Reeves
- Hansard - - - Excerpts

The Minister for disabled people has never replied to the letters I have sent to the Department for Work and Pensions about people in my constituency. I have given two examples today. [Interruption.] He says he has; can the right hon. Gentleman stand up and say he has ever replied to a letter from me?

Mike Penning Portrait Mike Penning
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Letters from a Privy Counsellor, which the right hon. Lady is, will be responded to by the Secretary of State. [Interruption.] Well, if you’re not a Privy Counsellor, it would be me responding, but look around behind you—I apologise for the “yous”, Madam Deputy Speaker—and see that I have responded in depth to colleagues. They may not have liked the reply, but I have done that, and if the hon. Lady had written to me directly, I would have replied.

Rachel Reeves Portrait Rachel Reeves
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Maybe the letters got lost in the post, but I have never received a letter from the Minister for disabled people.

Ian C. Lucas Portrait Ian Lucas (Wrexham) (Lab)
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May I just say that the Minister last week did contact my office, because I was sent a letter by an official, not him—

Mike Penning Portrait Mike Penning
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And I apologised.

Ian C. Lucas Portrait Ian Lucas
- Hansard - - - Excerpts

And he apologised. But I have to say that the Secretary of State clearly does not know what is going on in his own Department. He is not even listening to the debate, and, frankly, let me say this about the views expressed by the Conservative party about the vulnerable people who are coming to us for help: they are being disregarded and treated with contempt by the laughing cavaliers opposite. They should be ashamed of themselves.

Health and Safety Executive (Triennial Review)

Mike Penning Excerpts
Thursday 26th June 2014

(9 years, 10 months ago)

Written Statements
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Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
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On 9 January 2014, I made a written statement to Parliament—Official Report, column 19WS—announcing the publication of the independent report of Martin Temple on the triennial review of the Health and Safety Executive (HSE). I am pleased to announce that later today the Government response to the triennial review of HSE will be published.

HSE is an Executive non-departmental public body (NDPB). It is the national, independent regulator for work-related safety and health. Its mission is the prevention of death, injury and ill-health to those at work and those affected by work activities.

I am very grateful to Mr Temple for producing such a thorough independent report, which has been widely welcomed. I support the majority of his recommendations. Today’s Government response explains the actions we will take on all the recommendations and updates on progress made so far in implementing them, where appropriate.

In some areas, as set out in the Government response, I want to go further to reform HSE to ensure that it delivers value for money to the taxpayer, while ensuring safety for the nation. Good health and safety is vital to good business in a growing UK economy. There is international interest in learning from and adopting Britain’s health and safety regulatory system. Realising HSE’s potential as a world leader in providing health and safety advice will create a new income stream for Government as well as benefiting UK businesses who already work within this regulatory framework.

I will place a copy of the Government response to the triennial review of HSE in the House Library later today.

Personal Independence Payment

Mike Penning Excerpts
Monday 23rd June 2014

(9 years, 10 months ago)

Written Statements
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Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
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Section 89 of the Welfare Reform Act 2012 commits the Secretary of State for Work and Pensions to publish two independent reports on how the personal independence payment (PIP) assessment is working. The first is due within two years of PIP starting in April 2013. On Thursday 10 April 2014, I announced that Paul Gray CB had been appointed to carry out the first independent review of the PIP assessment. The terms of reference for this independent review were published on gov.uk on 21 May.

Today the Government will publish a call for evidence to inform the first independent review of the PIP assessment, being undertaken by Paul Gray.

This call for evidence will be one of several methods used to gather information during the review. Evidence submitted will be used to inform Paul Gray’s report to the Secretary of State for Work and Pensions, which will be laid before Parliament before the end of 2014.

This call for evidence seeks evidence from both organisations and individuals who have information that is relevant to how the PIP assessment is operating.

The call for evidence runs until Friday 5 September 2014.

I will place a copy of the call for evidence in the Libraries of both Houses. It will also be available on the Government’s website: www.gov.uk/DWP later today.

Oral Answers to Questions

Mike Penning Excerpts
Monday 23rd June 2014

(9 years, 10 months ago)

Commons Chamber
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Rosie Cooper Portrait Rosie Cooper (West Lancashire) (Lab)
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1. What steps he is taking to improve the administration of the work capability assessment.

Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
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I am committed to continually improving the administration of the work capability assessment. I am pleased to say that since the announcement in the House during our last Question Time, the backlog has fallen from 766,000 to 712,000.

Rosie Cooper Portrait Rosie Cooper
- Hansard - - - Excerpts

On 10 June, the Minister admitted to the Select Committee that 712,000 work capability assessments were outstanding. That number includes 234 recipients of incapacity benefit who are to be assessed for employment and support allowance, and 84,000 incapacity benefit recipients who have not yet been migrated. My constituents would like to know who is at fault, Atos or the Minister.

Mike Penning Portrait Mike Penning
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When the coalition Government came to office, the WCA backlog did not suddenly happen; the problem already existed. However, we take responsibility for what we are doing. [Interruption.] There is no point in Labour Members’ shouting us down. They have short memories, but their backlog existed. If they do not wish to admit that, perhaps we can see the documents, which will enable us to know the facts. We have carried out 1 million incapacity benefit assessments, and 700,000 people are currently being helped into work or are looking for work.

Julian Brazier Portrait Mr Julian Brazier (Canterbury) (Con)
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Does my right hon. Friend agree that it would have been cynical if we had simply turned our back on all the existing claimants and not considered them too? That, of course, has been the cause of much of the backlog.

Mike Penning Portrait Mike Penning
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I entirely agree. If we had not assessed those 1 million incapacity benefit recipients, those people would have been left, as the Labour party left them for 13 years. At least they now have an opportunity to look for work, and those who are not capable of going to work, or seeking work, are receiving the assistance that they require.

Pat Glass Portrait Pat Glass (North West Durham) (Lab)
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22. Leaked memos reported by the BBC on Friday show that ESA is one of the largest fiscal risks that the Government currently face. What is the Minister going to do about that?

Mike Penning Portrait Mike Penning
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No Government of any description talk about leaked documents, but I can say that the information in that document was not new. I had released most of it earlier, and I believe that the BBC worked up the story for its own benefit.

Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
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The Minister said that the WCA problems were long-standing. Is there a process whereby the last Government’s figures could be made available to the House? Who entered into the Atos contract?

Mike Penning Portrait Mike Penning
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There is no doubt that the Atos contract was taken out by the last Labour Administration. I would love to know exactly what the backlog was, but, as an incoming Minister, I am not allowed to see the figures. Perhaps Her Majesty’s Opposition would be happy to release them. If those documents were published, we would all know exactly what the backlog was before the present Administration came to power.

Anne Begg Portrait Dame Anne Begg (Aberdeen South) (Lab)
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The backlog does not involve only ESA. There are also huge backlogs of decisions relating to personal independence payments and universal credit. Only 7,000 universal credit claimants have been dealt with, although at this stage the number should be about 1 million. In comparison with figures such as those, the passport fiasco pales into insignificance. Does the Minister not think that his Department has bitten off far more than it can chew?

Mike Penning Portrait Mike Penning
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No, I do not. As the Chair of the Select Committee knows, there is no universal credit backlog, so her statement about that is not particularly helpful. I think that we need to concentrate on ensuring that benefits go to the people who deserve them. That is what is most important.

Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
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Can the Minister confirm that Atos Healthcare will not receive one penny of compensation from the taxpayer for the early termination of its contract?

Mike Penning Portrait Mike Penning
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There is no doubt that the contract was taken out by the last Labour Administration. Her Majesty’s Opposition called for me to sack Atos. If we had done so, we would have had to pay it a huge amount of compensation, but, instead, it will pay substantial damages to the Government when the contract is terminated.

Clive Efford Portrait Clive Efford (Eltham) (Lab)
- Hansard - - - Excerpts

20. Judge Robert Martin has said that Her Majesty’s Courts and Tribunals Service has seen a huge reduction in the number of work capability assessment appeals, not because of the quality of decisions, but because of the huge backlog and the quality of the service that is being provided.

Mike Penning Portrait Mike Penning
- Hansard - -

I am afraid that that is factually incorrect. I read Judge Martin’s comments, and I do not think that that is quite what he said. There has been a reduction of more than 80% in the number of people who are appealing. That is because better decisions are being made, which is right and proper for everyone.

Stephen Timms Portrait Stephen Timms (East Ham) (Lab)
- Hansard - - - Excerpts

It is high time that Ministers took responsibility for their failings. It was their decision, after the election, to migrate all recipients of incapacity benefit to employment and support allowance. That was the decision that triggered the delays and backlogs about which we have heard. Now, the memos that were leaked last week have revealed that ESA

“is not delivering more positive outcomes for claimants”

than incapacity benefit did, and the Work programme has proved hopeless, with a 94% failure rate. How long will Ministers allow this shambles to continue?

Mike Penning Portrait Mike Penning
- Hansard - -

Clearly Her Majesty’s Opposition have a short memory as to what happened when they were in government. This problem started under Labour, Atos was in place under Labour—[Interruption.] Opposition Front Benchers are saying “No, not us”; then they should release the documentation that proves what the backlog was before the last election.

Ann McKechin Portrait Ann McKechin (Glasgow North) (Lab)
- Hansard - - - Excerpts

2. What steps he is taking to improve the claims and decision-making process for personal independence payments.

Nick Smith Portrait Nick Smith (Blaenau Gwent) (Lab)
- Hansard - - - Excerpts

16. What steps he is taking to improve the claims and decision-making process for personal independence payments.

Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
- Hansard - -

Yet again I am committed to improving our performance and that of our contract providers. I want to make sure the right decisions are made as soon as possible. With that in mind, I have looked, particularly working with Macmillan, at how we can reduce waiting times for terminally ill people waiting for PIP. That stood at 28 days when I first met the Work and Pensions Committee, and I said that was unacceptable. It is inside 10 days now, and I want it to become lower.

Ann McKechin Portrait Ann McKechin
- Hansard - - - Excerpts

As the Minister of State is aware, by his own Department’s statistics it will take 42 years to clear the current backlog. In the meantime people are running out money, and they are becoming more stressed and more ill as a result of his Department’s failure to get a grip on a payment which his Government introduced. When will the backlogs be reduced to a decent level, as people have a right to entitlements in this country?

Mike Penning Portrait Mike Penning
- Hansard - -

It is really important that we get the decisions right and that the right people get those payments. I said before the Select Committee that I promise to do that within my own Department’s administration, and we are addressing that. There was a real performance issue as to how many people were coming through the schemes. I am addressing that now with the providers, and it will improve, and not in the length of time the hon. Lady mentions, which is scaremongering.

Fiona O'Donnell Portrait Fiona O'Donnell
- Hansard - - - Excerpts

An awareness campaign last week by the MND Association and MND Scotland informed us that about half of people diagnosed with motor neurone disease die before 14 months. They do not fit into the Minister’s definition of “terminally ill”, so how long does he think those people should wait for their claim to be assessed?

Mike Penning Portrait Mike Penning
- Hansard - -

Now I have addressed the issue of the terminally ill, we are particularly addressing progressive illnesses. We want to look at that very quickly. As soon as we can get that situation addressed, I will come before this House and say so, but the priority must be that the people who need it get it, and the people who do not need it, do not get it.

Nick Smith Portrait Nick Smith
- Hansard - - - Excerpts

Some Blaenau Gwent constituents have waited months and months for assessment. Why did the Minister’s Department not properly pilot what has become this fiasco?

Mike Penning Portrait Mike Penning
- Hansard - -

It is interesting that yet again a Labour Member uses the word “fiasco”, and I know the Public Accounts Committee Chairman, the right hon. Member for Barking (Margaret Hodge), made a similar comment. It was not actually in the PAC report, however, so this was a made-up comment that was not in the report. [Interruption.] Well, it was not in the report, and how on earth can we be talking about something that was not in the report? At the end of the day, we need to make sure we address this situation. I have admitted that the waiting time is too long, and we will get it down. We will do something about it; the previous Administration did not do so.

Duncan Hames Portrait Duncan Hames (Chippenham) (LD)
- Hansard - - - Excerpts

I was recently able to inform a constituent that they were about to receive a cheque for over £5,000—welcome news until we realise it is an arrears payment for a personal independence payment claim submitted some 300 days earlier. The Minister tells us he is addressing the matter; what is he doing to stop disabled people being out of pocket by so much for so long?

Mike Penning Portrait Mike Penning
- Hansard - -

What we are doing is making sure we speed up the process on our side and the contractors doing the assessments speed up their side. As I have said before, if necessary there will be a cash incentive for them to make sure that they deliver, which will be paid only when they deliver faster.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
- Hansard - - - Excerpts

I congratulate my right hon. Friend on reducing the time taken to handle these claims, but what is he doing to reduce the time taken for the appeals mechanism procedure, so that that part can be speeded up as well?

Mike Penning Portrait Mike Penning
- Hansard - -

The appeals process is a matter for my colleagues at the Ministry of Justice, and I intend to write to them today, but fewer people are going to appeal, particularly on PIP—it is much lower than predicted—and there has been more than an 80% reduction on work capability assessment. There is more to be done, but if the judges have less work to do on appeals, I will be very happy about that.

Nigel Mills Portrait Nigel Mills (Amber Valley) (Con)
- Hansard - - - Excerpts

I also welcome the improvement in the process. What lessons have the Government learned for rolling out other new assessment schemes, perhaps including a replacement for Atos in respect of WCA?

Mike Penning Portrait Mike Penning
- Hansard - -

One of the things we will look at very carefully is making sure that the contract bids are judged not just on the lowest price, but on whether the contractor can produce the capacity that is required. That is exactly what we are doing; when we release a new contract, we look at whether the contractor has the capacity and the skills to produce quality decisions.

Lord Field of Birkenhead Portrait Mr Frank Field (Birkenhead) (Lab)
- Hansard - - - Excerpts

What is the Government’s target for how long people will have to wait for these benefits by the time of the next general election? As the Minister tries to restore order from this chaos, will he be in a position soon to tell those in the queue how much longer they will have to wait?

Mike Penning Portrait Mike Penning
- Hansard - -

One of the things we are trying to do is communicate much better with people who are waiting, which is the most important thing we can do. What we do not want to do is build up promises, so that people think they will be assessed quicker than they will be. On PIP in particular, we will make sure that the providers are doing the job we are asking them to do, and that we are acting as fast as we can and taking the correct decisions. On the first point, I cannot give a time scale at this time, and it would be wrong for any Minister to stand before the House and do so.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
- Hansard - - - Excerpts

The Government did not bother to pilot PIP properly, Atos made misleading statements in its bid, Ministers have presided over a 42-year backlog in cases, and each decision costs £1,500—more than the benefit of some £1,120 that many receive. Reassessments have had to be postponed while sick and disabled people wait for a decision, including cancer patients, who according to Macmillan are experiencing anxiety, financial worries and worsening health. Is it not time that the Minister acknowledged that it is another catalogue of DWP chaos and that the £1 billion savings promised by 2015 will not be achieved, while sick and disabled people are living with the worry and hardship that he has caused?

Mike Penning Portrait Mike Penning
- Hansard - -

I do not accept many of the points that the hon. Lady makes, but what I do accept is that it is unacceptable for people who are in desperate need to wait, which is why I acted with Macmillan really fast to bring the time down from 28 days to inside 10 days for people with terminal illness. We are now looking at the other cases and working with as many of the charity and other groups as we can to make sure that we get the figure down. If they work with us, we can work on this together. The Opposition keep moaning about the policy, but the previous Administration left people on the disability living allowance for years, with only 7% of them ever having a face-to-face assessment. That was an appalling situation.

Mel Stride Portrait Mel Stride (Central Devon) (Con)
- Hansard - - - Excerpts

3. What assessment he has made of recent trends in employment figures.

--- Later in debate ---
Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
- Hansard - - - Excerpts

11. If he will take steps to reduce (a) the number of benefit claimants who appeal against decisions and (b) the length of time it takes to have such appeals heard.

Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
- Hansard - -

Appeals on all benefit decisions have dropped by 79% in the first quarter of this year compared with the same period last year. The introduction of mandatory reconsideration and the decision assurance call is having a positive impact.

Philip Hollobone Portrait Mr Hollobone
- Hansard - - - Excerpts

My right hon. Friend will be as concerned as I am that some of the waits for first-tier tribunal appeal hearings for Kettering constituents have been up to 40 weeks, which is more than twice the national average. What success is he having with the Ministry of Justice to get the appeal waiting times down?

Mike Penning Portrait Mike Penning
- Hansard - -

One of the first things we can do to get appeal waiting times down is to have fewer people needing to appeal. I accept that it is taking too long in Kettering and perhaps in other parts of the country. That is for another Department, but I will contact it today.

Ian C. Lucas Portrait Ian Lucas (Wrexham) (Lab)
- Hansard - - - Excerpts

A constituent of mine has had an application for the personal independence payment refused—a decision that I regard as perverse. I wrote to the Minister personally to draw to his attention how bad the decision was, but received a reply from a civil servant. I wrote to the Minister because I thought he was interested in creating an efficient system. Will he please do me the courtesy of replying to my letter and addressing his mind to the case of my vulnerable constituent, who has been so badly affected?

Mike Penning Portrait Mike Penning
- Hansard - -

I have a personal policy that I write to all Members of Parliament—from both Houses—if they write to me. If a civil servant wrote back, that is wrong. I will reply and perhaps the hon. Gentleman would like to come to see me at his leisure to discuss his constituent’s case.

--- Later in debate ---
Robert Buckland Portrait Mr Robert Buckland (South Swindon) (Con)
- Hansard - - - Excerpts

T5. This morning I was with the staff and students of Farleigh college of further education in my constituency, which offers excellent education and training opportunities to young people with autism and other complex conditions. What more can my right hon. Friend do to ensure that we reach the goal of full employment by ensuring that increased opportunities exist for young people with learning disabilities and autism?

Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
- Hansard - -

I think the whole House would agree that we need to give everyone the opportunity to live their dreams and have their aspirations, and that is exactly what this Government want to do. I would love to come and see the scheme that my hon. Friend is talking about, so that I can see for myself what it is delivering.

Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
- Hansard - - - Excerpts

T2. In last week’s Westminster Hall debate, the Minister said of the closure of the independent living fund that “there really should not be concern.”—[Official Report, 18 June 2014; Vol. 582, c. 91WH.] How will he ensure that the concern being expressed by current ILF recipients that they will lose their independence is unfounded?

Mike Penning Portrait Mike Penning
- Hansard - -

I also said during that Westminster Hall debate that, for nearly three years, new recipients of ILF have been dealt with by local authorities. There have not been any major problems. We are confident that this will roll out correctly and we intend to roll it out as soon as possible.

Brooks Newmark Portrait Mr Brooks Newmark (Braintree) (Con)
- Hansard - - - Excerpts

T7. Unemployment in Braintree between May 2010 and May 2014 has dropped from 3.4% to 2%, and youth unemployment in that same period has dropped from 6.3% to 3.8%. There remains a challenge, however, in that the unemployment rate is not falling as fast for young women as it is for young men. What are the Government’s policies doing to help young women to get back into work?

--- Later in debate ---
Tracey Crouch Portrait Tracey Crouch (Chatham and Aylesford) (Con)
- Hansard - - - Excerpts

Will the Minister provide the House with an update on the implementation and delivery of the mesothelioma compensation payment scheme?

Mike Penning Portrait Mike Penning
- Hansard - -

I am really proud that the coalition Government have introduced this new scheme. It is now fully funded and it is rolling out on time. Payments will be made on time to the people who need those funds so much, through no fault of their own, and we are all very proud of that.

Emma Lewell-Buck Portrait Mrs Emma Lewell-Buck (South Shields) (Lab)
- Hansard - - - Excerpts

T4. My local citizens advice bureau has been contacted by a young single woman who has been hit by the bedroom tax. After paying her rent and utility bills, she has just 84p a day left to spend on food and toiletries. With eight households for each available one-bedroom property in my area, moving is simply not an option. How can the Secretary of State continue to try to justify a policy that results in such extreme poverty?

--- Later in debate ---
Heidi Alexander Portrait Heidi Alexander (Lewisham East) (Lab)
- Hansard - - - Excerpts

T9. Last week I met a constituent who received her husband’s personal independence payment only after he had passed away. Will the Minister guarantee that no one else will suffer that deeply distressing situation in the future?

Mike Penning Portrait Mike Penning
- Hansard - -

Of course I cannot guarantee that, but we need to do everything we possibly can on this. Perhaps the hon. Lady will pass on our thoughts to her constituent for her loss. It is very important that we get the scheme to run faster, but the quality needs to be right. I am very sad when that sort of thing happens, but I cannot possibly guarantee to the House that it will not happen again. We just have to make sure that it does not happen very often.

David Winnick Portrait Mr David Winnick (Walsall North) (Lab)
- Hansard - - - Excerpts

I have been here since the beginning of Question Time and may I tell the Secretary of State that I have been sickened—there is no other way to describe my feelings—by his complacent indifference to the agonising hardship suffered by the most vulnerable in our society? He should be ashamed of the policies he is pursuing.

--- Later in debate ---
Eilidh Whiteford Portrait Dr Eilidh Whiteford (Banff and Buchan) (SNP)
- Hansard - - - Excerpts

I have a number of very sick constituents who have been pushed into severe financial hardship as a result of unacceptable delays in the PIP process. Some of them are now dependent on food banks. I listened carefully to the Minister earlier, but will he set out a timetable for clearing the backlog for all applicants, not just the terminally ill? What interim support will he offer to those having to wait more than 28 days?

Mike Penning Portrait Mike Penning
- Hansard - -

I repeat that it is taking too long. I accept that and am determined to get the time down. We are working with the providers to ensure that we get it down. I will look into individual cases if the hon. Lady wants to bring them to me, but we are doing everything we possibly can. I would rather see people being assessed than left without any assessment, as the previous Administration did, or with paper-based assessments.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
- Hansard - - - Excerpts

Underlying the overly positive spin that Ministers have put on the employment figures is the fact that for the first time ever the majority of families living below the poverty line are in work. What are the Government going to do to make sure that work is always a route out of poverty?

Independent Living Fund Recipients

Mike Penning Excerpts
Wednesday 18th June 2014

(9 years, 10 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
- Hansard - -

It is a pleasure to serve under your chairmanship this morning, Mr Robertson. I congratulate the hon. Member for Scunthorpe (Nic Dakin) on securing, and colleagues on taking the time to take part in, this short debate. I suppose that most people will know me by now, and know that I will answer questions as directly as possible; where I cannot answer I will, obviously, write back.

Can I guarantee that no one in receipt of ILF money today will be adversely affected by the changes that we are going to make? No, I cannot, and no Minister of any colour or persuasion could. I want to highlight one point: in July 2010 the scheme closed to new entries. People who have needed the sort of support that ILF has been giving since 1988 have, since 2010, been getting it from local authorities. The hon. Member for Wrexham (Ian Lucas) made a point about waiting four years. One of the reasons was the delay when we were taken to court—and it is a democratic right for that to happen. The court made a decision, interestingly enough, not on what we were doing, but on process—on whether there was enough evidence that we had taken the Equality Act 2010 into consideration. I was appointed to my present portfolio almost in the same week.

My hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard) asked whether the issue was about process and who was delivering the help, or about whether we can get the help to the people who deserve it, such as the constituents of the hon. Member for Scunthorpe, and others whom I met in my constituency last night, who talked pragmatically about the future of ILF, and how the scheme will work. Most—nearly all, I think—local authorities are now in the transitional process with us. Following the court ruling, once I announced my decision that we would be going ahead—it appears I may be challenged on that as well—I looked specifically at the process, not at the decision that had already been made. In 2015, we will be transferring all the funding—it is not a cut—that was in ILF.

Mike Penning Portrait Mike Penning
- Hansard - -

Bear with me: I am very short of time and I did a deal with the hon. Gentleman before we started that I would take less time so that other hon. Members could intervene. If the hon. Gentleman intervenes on me now, it will make it difficult. I am more than happy to write to him on any issue if he wants me to.

I understand fully people’s concerns about the change in practice; those concerns arise with any change affecting any benefit, but there really should not be concern. The people who now deliver the care to people in the community are exactly the same as those who will deliver the version of the ILF that is provided in the future. All that I can try to do is ensure that we monitor what happens as carefully as possible, to see that people’s rights and needs are met as the scheme is transferred out. It is important that none of us underestimates the skill and dedication of the people who go out to do the reviews. I have a team in London. Obviously a certain salami-slicing goes on; we want to try to get that money down and into the system, so there are the same people doing assessments. Will some of those assessments have to be tweaked, over a period of time? Absolutely, they will be, and we will help. We will give as much assistance as we can with that.

I want to touch on what the hon. Member for North Tyneside (Mrs Glindon) said about the delegation to the Department for Work and Pensions. I am sure that it was peaceful, well-mannered and nice, but that is not always the case. If the hon. Lady looks at the side of the building she will see that paint has been thrown over it, and there have been nasty incidents outside. If she wants to come to see me privately I shall talk about that. That is why the security people were there: we do not know what will happen until people turn up. If I had been there, I would have met the hon. Lady. She knows my door is always open. I have seen her, and if she wants me in future to meet a group of the people who were with her, I shall be more than happy to do that, but there have been nasty incidents and the security situation is understandable. The hon. Lady frowns at me, but those things have happened—she just needs to take a look at the side of the building.

Mary Glindon Portrait Mrs Glindon
- Hansard - - - Excerpts

It is just that I cannot hear the Minister.

Mike Penning Portrait Mike Penning
- Hansard - -

Okay, I will shout; but there was certainly no slight intended to the hon. Lady or the people with her. Security make the decision, and like all Ministers I must bear with them on that. I would obviously meet at any time and place.

The subject is enormously emotive and important, but we must not make assumptions about what will happen. My reason for thinking that we can have some confidence is that the scheme has been closed since 2010, so people with exactly the same needs as the people we have heard about in the debate have had them met by the new system. They have been helped by it. It is vital not to have a two-tier system, as we do at the moment. People who have needed a version of the ILF since 2010 have had that from the local authorities, but people such as those I met last night, who are on the scheme, are having their assessments, and the change is taking place. Did families say to me yesterday that some of the questions seemed bizarre, given the disabilities of the person concerned? Yes—and I am taking that issue up. Colleagues may want to liaise with me and work with me; I think that is the key to this.

I will be honest and frank: the scheme is closed to new entries and the money will go out to local authorities. We will monitor what happens very carefully. Will there be teething problems? Yes. Will there be issues to do with the forms? Yes. However, I think we desperately need to get away from the process and from thinking that my Department, or a part of it, is the best place from which to bring a benefit right into the communities and to the individuals who need it. That is not the case. I came new to this.

Ian C. Lucas Portrait Ian Lucas
- Hansard - - - Excerpts

Will the Minister give way?

Mike Penning Portrait Mike Penning
- Hansard - -

I will give way, though I promised I would not.

Ian C. Lucas Portrait Ian Lucas
- Hansard - - - Excerpts

I am grateful. Does the Minister agree that because new entrants since 2010 will come within the scheme, and the budget that he transfers will be the same as it is now, inevitably people who are now receiving money from the ILF will have their income reduced?

Mike Penning Portrait Mike Penning
- Hansard - -

No. I completely do not agree with that logic. I know where the hon. Gentleman is coming from. [Interruption.] He can shake his head as much as he likes, but I am always honest and straight. Do I agree with him? No, I do not, and the reason is that those people are already being helped. Those who were in the scheme, who have come in since July 2010, are already being helped by the money that is in the local authority part, not by the money that is coming across from us. The money that is coming across with the ILF is the funding that sits with the ILF now. That is how it is, and we may have to disagree. If I am wrong factually, I shall write to the hon. Gentleman and tell him.

Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

Will the Minister ring-fence that money, then?

Mike Penning Portrait Mike Penning
- Hansard - -

I do not have powers to ring-fence it, and we have had such debates before. It was a Treasury decision not to ring-fence money that is to go down to local authorities in that way. I am bound by that, and I agree with that.

An important point is that we are not just going to give the money to local authorities and say, “That local authority is doing really well, but we know that one is doing really badly, and we are just going to let it get on and do that.” As the disabilities Minister, I will want to publish a league table showing how it is being done, and which local authorities are good.

Barbara Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

Will the Minister give way?

Mike Penning Portrait Mike Penning
- Hansard - -

I have one minute, so no.

Mike Penning Portrait Mike Penning
- Hansard - -

I am not going to give way.

It is really important that we all participate and make sure as best we can that the system works. It appears to be working. There will be anomalies, and I am sure that tomorrow morning my postbag will be full of letters from people saying they have joined the scheme since 2010 and it has not worked. As yet I have not found that, but I am sure I will. It is an enormously emotive and important subject, but those are people I desperately want to help. That is why I am doing this job. I would not do it for any other reason.

Do I think the scheme will help? Yes. Do I think that localism is better than a top-down approach? Yes, I do. I understand the concerns; but let us see how things roll out. Let us look carefully at the work that has been done since 2010 for the people who did not join the scheme but have gone into local authorities. Some of the scare stories that are out there, especially in some parts of the press, and from some lobby groups, are unfounded. I think that we can move forward, subject, of course, to what happens in the courts in the next few months.

Work Capability Assessments

Mike Penning Excerpts
Monday 16th June 2014

(9 years, 10 months ago)

Commons Chamber
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Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
- Hansard - -

I congratulate the hon. Member for Edinburgh East (Sheila Gilmore) on getting here this evening. I know that she was delayed on the train. I think it very important for a debate that is on the Order Paper following a Member’s success in the ballot to be heard: that is only right and proper. Actually, this is a bit like groundhog day. According to my file, this is the hon. Lady’s fifth debate on the subject. She said that it was the sixth; perhaps we missed one.

I thank the Chair of the Work and Pensions Committee, the hon. Member for Aberdeen South (Dame Anne Begg), for being present this evening. I am slightly concerned, because I said many of the things that I am about to say to her Committee only a few days ago. I hope that its members will pay attention to what I say, because during the speech of the hon. Member for Edinburgh East I feared that the report might have already been written. I said openly and honestly that I wanted to do exactly what the Chair of the Committee said should be done—to make the process fairer, better and quicker, which I think is what we all want.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - - - Excerpts

Will the Minister give way?

Mike Penning Portrait Mike Penning
- Hansard - -

I should like to make some progress first, not least because I want to congratulate the hon. Lady a little more. We have plenty of time, after all—with your permission, Mr Deputy Speaker.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
- Hansard - - - Excerpts

The Minister is all heart.

Mike Penning Portrait Mike Penning
- Hansard - -

Perhaps, on that note—with all heart— I will give way.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - - - Excerpts

May I just say, for the purpose of clarification, that any comments that I made about the Select Committee related to evidence that had been given in public? I was not in any sense referring to what the Committee would or would not recommend in due course, because we have not yet reached that stage.

Mike Penning Portrait Mike Penning
- Hansard - -

I was questioned extensively by the Committee about mandatory reconsideration delays, which are the subject of this evening’s debate. As you will probably have noticed, Mr Deputy Speaker, I rarely speak from notes, but I shall try to stick to what I said during the Committee’s evidence sessions.

There are two or three points I can make, but in some respects we will have to wait for the statistical analysis. I would love the data to be published now, but it is not ready. As soon as it is ready, I will publish it. As I said to the Select Committee recently, the statistics are being analysed and they will be published as soon as they become available.

Mandatory reconsideration is being done in order to get decisions right—to give decision makers the opportunity to look at things and make sure we have got the decision right. If there is any new evidence, it can be brought forward at that stage. That, among other things, is clearly having an effect on the number of appeals going to the tribunals—although we do not know to what extent, as the statistical analysis has not yet been released—and I think that is a good thing. As I said to the Select Committee, if this means that fewer judges are employed handling tribunals, that is a good thing. I am not certain the judges feel that way, and some of the comments from some judges more recently may indicate that. However, it is important that tribunals are gone to as a last resort in order to make the judgment as to whether DWP officials and decision makers have made that final decision correctly to the best of their ability.

If we can have fewer people going to appeal, that will be better. Appeals are dropping across the benefits handled by the Department, and especially those in respect of WCA. That is not solely due to mandatory reconsideration. There are about 80% fewer appeals, like for like.

Have delays been caused as we brought in the process? I have been open and honest about that before, and the answer is yes, but I would rather have slightly more delays than have decisions incorrectly taken and then turned over at tribunal. The decision on the mandatory reconsideration was prompted in part because I had sat in on a tribunal hearing and so much evidence was being brought in on the day of the tribunal. Everybody has the right to do that, and judges certainly have the rights and powers to look at that evidence, but my decision makers and officials had had no opportunity to look at that evidence. It is very important that we get this right.

At this stage in the process, the decision has been made that the person concerned is not going to get ESA. That is why we refer them across to JSA while the process is continuing.

The hon. Lady quoted from the DWP guidance specifically on the 14-day question. She pointed this out:

“The 14 day Temporary Periods of Sickness rule in JSA is in place to protect people from losing their entitlement when they have a short period of sickness. It was never intended to protect people with long term conditions.”

The following bullet point is very important, however:

“Claimants with longer term conditions can have their availability”—

for work in this case—

“restricted because of a physical or mental condition as long as the advisor thinks it is reasonable to do so”

based on the information before them.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - - - Excerpts

The guidance the Minister quotes is one thing, but there is clear evidence—not just from Citizens Advice Scotland and my advice surgeries and those of my colleagues, but from up and down the country—that people in this position are not being allowed to claim JSA. They are being told that, because of their unfitness for work and in order to keep to the conditions, they cannot receive that benefit and they are turned away. Can the Minister assure us that he will make sure that will not happen?

Mike Penning Portrait Mike Penning
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I will do everything I can, but I think it would have been right and proper for the hon. Lady to have gone on to say that there is specific guidance for people with long-term illness, as it is important to put that on the record. On the point she makes, I want all the staff in the DWP who have face-to-face contact with claimants and members of the public to have as much information as possible to make sure they can make the right decision. That is exactly why the guidance was changed in April. It was a decision that I made, and I asked my officials to make the change. I am not in any way saying that mistakes do not take place. We have a very large benefit with huge amounts of face-to-face contact across the board, whether it is in Jobcentre Plus or with officials in my own Department, and we make mistakes; no one could say otherwise. It would not make any difference who the Government were or who was standing here as Minister. I hope that they would all say, “We never get it perfect all of the time.” However, we should get as much of it right as we can and as often as we can, which is why mandatory reconsideration is vital to ensuring that the system works. As the hon. Lady and the Chair of the Select Committee said, when we are re-looking at a case and find that a person is entitled to benefit, we should ensure that their housing benefit and council tax benefit are not affected. All that must join up together.

Without a shadow of a doubt, we will work very hard to put in place the right training and guidance to ensure that the decision makers get things right. It is a big job, and I have only been here a short time, but we are getting there. As a Minister in the DWP, I am absolutely determined that we will ensure that taxpayers’ money is spent wisely; that it goes to the people who need it; that we put in place training for the right people; that any delays that are taking place—and they are taking place—are brought to a minimum; that we get out statistics; and that we are open and honest with the public, which I will be if there is a debate again next week or the week after, and that will remain the case for as long as I am a Minister in the DWP.

Question put and agreed to.

Access to Work

Mike Penning Excerpts
Tuesday 10th June 2014

(9 years, 11 months ago)

Written Statements
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Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
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Access to Work helps over 30,000 disabled people to take up and remain in employment each year, providing support such as specialist aids and equipment, travel to work and support workers.

This Government have expanded and strengthened this important programme by increasing the budget and implementing a wide range of improvements. As a result, volumes and expenditure on Access to Work have increased over recent years, meaning more disabled people are now being supported to fulfil their potential in the workplace. This progress has been shaped by important reviews undertaken by Liz Sayce and an expert panel chaired by Mike Adams.

I want to continue to build on this success so that Access to Work can support more claimants per year. That is why I have asked that over a three-month period, we now look into Access to Work, focusing on how we can support more disabled people and further improve customer service. I will set out further details on next steps shortly.

While we undertake this work I am also suspending Access to Work’s 30-hour guidance for new claimants. This operational guidance stated that if a support worker is required full time, for example 30 hours or more a week, Access to Work will normally provide funding on the basis of an annual salary rather than a freelance rate. Having listened to concerns about its practical effect, notably on the ability of some deaf customers to source appropriate British sign language support, this guidance will not be applied to new cases pending the completion of this work.

Work Capability Assessment

Mike Penning Excerpts
Tuesday 10th June 2014

(9 years, 11 months ago)

Written Statements
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Mike Penning Portrait The Minister of State, Department for Work and Pensions (Mike Penning)
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Today the Government will publish a call for evidence as part of the fifth independent review of the work capability assessment (WCA), carried out by Dr Paul Litchfield.

The first three independent reviews were carried out by Professor Malcolm Harrington, and published in November 2010, November 2011 and November 2012. The fourth independent review was published in December 2013. This was the first independent review of the WCA carried out by Dr Litchfield. In the fourth review Dr Litchfield confirmed that the Government had made good progress in implementing Professor Harrington’s recommendations, and also made a number of recommendations of his own. The Department has accepted, or accepted with caveats, all but one of the recommendations, demonstrating our commitment to improve the WCA even further.

This call for evidence will be one of several methods used to gather information during the review. Evidence submitted will be used to inform Dr Litchfield’s report to the Secretary of State for Work and Pensions, which will be laid before Parliament before the end of 2014.

This is the fifth and final statutory independent review. This year’s call for evidence focuses on the impact of previous reviews, seeks new evidence about the employment and support allowance work-related activity group and support group, and individuals’ experience of the WCA process. There is also a focus on people who have mental health conditions or learning difficulties.

The call for evidence runs until 15 August 2014.

I will place a copy of the call for evidence in the Libraries of both Houses. It will also be available on the Government’s website: www.gov.uk/DWP later today.