Atos Work Capability Assessments

Natascha Engel Excerpts

Thursday 17th January 2013 Commons Chamber

[Natascha Engel (North East Derbyshire) (Lab)]

I pay tribute to my right hon. Friend the Member for Oldham West and Royton (Mr Meacher) and thank him for bringing this debate to the Backbench Business Committee. We were delighted to schedule it, and the number of Members present from both sides of the House demonstrates the importance of this issue mainly from a constituency perspective. I, like all other Members, have received a huge amount of correspondence about awful, tragic cases of individuals who have been badly treated by Atos during their work capability assessments.

The fault lies not with Atos, but with its employer, which, in this case, is the Department for Work and Pensions. When we look at the other employers for which Atos works, such as Royal Mail and the NHS, we see numerous cases of people who have been signed off work—not just their current work, but for any work ever again, with a recommendation that they be retired from all kinds of work—going back to Atos, but this time when it is employed by the DWP, and being assessed as entirely fit for work. They get no points and are deemed fit for work. As my right hon. Friend said, the number of people who are not just not fit for work but who die after being assessed as fit for work, is a reflection not of Atos but of the DWP. That is where the questions need to be asked.

[Ian Mearns (Gateshead) (Lab)]

I am sure that my hon. Friend will not be surprised to learn that in Gateshead, of the 1,400 cases taken to appeal by the citizens advice bureau, more than 1,200 were successful. I am worried about the CAB’s lack of capacity to deal with other cases that it could have taken but which have been unsuccessful because they were not advocated at tribunal.

[Natascha Engel]

I am glad that my hon. Friend has made that point as I want to come to that.

The proportion of original Atos decisions that are overturned is shocking—it is about 30% or 40%. I would be grateful if the Minister replied to that point. Precisely how many people deemed fit for work by Atos have their decisions overturned on appeal and are signed off work? I have asked about that in the past. The number is very high, but I would like to have the precise figure.

The welfare rights organisations dealing with the people who are being deemed fit for work—for instance, the unemployed workers centre in Derbyshire and the CAB—are swamped at the same time as they are having their funding cut. Not only are they swamped with work, but volunteers are leaving in droves because they cannot cope with the amount of work and the stress of seeing all these cases.

How many people deemed fit for work who do not take their cases to appeal then find work? As has been said, the employment situation, especially the further north we go in the country, gets worse and worse. In my constituency, there are 15 people applying for every job. Is it really for the best to sign people as fit for work when there are no jobs to be had? I would like answers to those specific questions.

We all want people to go back to work if they can, but the welfare state is there to protect those who cannot. People who are not fit for work would love to work if they could, but they cannot. The jobs are not there, but they are being signed fit for work. How many of them are getting a job, and how many of them are just being signed over to destitution?

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[Mr Hoban]

We have these discussions; there are no targets in the system. Indeed, the proportion of people who have been placed in the support group has doubled. To my mind, that suggests that there are no targets—it is very clear evidence of that.

[Natascha Engel]

Will the Minister give way?

[Mr Hoban]

No, I am not going to give way. I want to make some more progress and the hon. Lady raised some questions that I want to address.

It has also been suggested that Atos health care professionals make decisions on benefit entitlement. They do not. Those decisions are made by DWP decision makers. They take the ESA50—the form people complete when making an ESA claim—any further medical evidence produced by a GP, consultant or health practitioner with whom the claimant is working, and the Atos assessment, but they look at all that evidence. The decision is made by DWP decision makers, not Atos. That is why there are a number of cases where the DWP decision maker’s decision has been different from any recommendation made by Atos. It is up to the DWP—the decision is made by the Department, not Atos—to decide who goes into which group.

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[Mr Hoban]

I have only four minutes left and I want to address some more questions.

Let me deal with the issue of Atos’s capability. Atos deals with 100,000 cases every month and it consistency meets the quality thresholds. Only 3.6% of assessments are below standard compared with a threshold of 5%. It receives complaints about only 0.6% of assessments. DWP decision makers return to Atos assessments that are inadequate for reaching a decision in only 0.2% of cases.

The hon. Member for North East Derbyshire (Natascha Engel) asked about the appeal rates. Let me be clear about the rate of successful appeals. Of all the fit-for-work decisions taken by the Department, only 15% are overturned on appeal. Only 15% of all the decisions we take, then, are overturned on appeal, which I think demonstrates that while we need to ensure that there is a proper appeals process, we should not be bandying around figures that misrepresent the level of successful appeals.

[Natascha Engel]

Will the Minister give way?

[Mr Hoban]

No. I have two minutes left and I want to make some more comments.

My hon. Friend the Member for Stafford (Jeremy Lefroy) talked about quality. The tribunal service can refer substandard reports back to Atos as an appeal for further action. It has exercised that right only 23 times in the past year. Rigorous checks are in place to ensure that quality applies.

Much has been said about employment and support allowance not working—that is untrue. What we are seeing is people coming off ESA and getting into work. The number of working-age people on ESA and incapacity benefit in February 2012 was 2.56 million—the lowest level since the introduction of IB in 1995. Early estimates to September 2012 suggest that overall numbers for this benefit are falling and will for the first time be below 2.5 million.

Finally, although there are many other myths, the last one I shall address today is the myth that the WSA is not fit for purpose. Professor Harrington has made it quite clear that the WSA, designed as a first positive step for work, is the right concept for assessing people who need our support. There is a need to improve it. No one doubts that, which is why we have implemented Professor Harrington’s recommendations. The assessment we inherited needed refinement. That is why we accepted and have largely implemented more than 40 of his recommendations over the past two years. That is why twice as many people have gone into the support group in comparison with when ESA was introduced.

Overall, the proportion of people with mental health conditions being awarded ESA has risen from 33% to 49%. We are seeing improvements and more will be introduced later this month on the categories of cancer treatment that allow people to go straight into the work-related activity group. These changes are happening. We should recognise that change is important and that it is happening. This is the right approach; demonising the work capability assessment does not help our constituents and does not address their concerns.