Atos Work Capability Assessments

Nicholas Dakin Excerpts

Thursday 17th January 2013 Commons Chamber

[Mrs Moon]

It disturbs me a great deal. Quite honestly, the lieutenant governor was right to say that, because that is what we have found in this country too.

I want briefly to describe some of the cases that I have been dealing with. I shall start with 53-year-old Mrs E, who was employed as an accounts officer. She was a very able and capable woman. She suffered a vicious sexual attack, and was diagnosed with post-traumatic stress disorder. Her health problems caused her difficulties with working, and she was forced to take redundancy. She started claiming employment and support allowance, and attended her Atos assessment. The doctor who saw her is well known to me. I have received many complaints about him. I regularly receive complaints about his rudeness, arrogance and total lack of compassion towards the people whom he is assessing. He made unprofessional remarks to Mrs E, and bluntly told her carer to shut up, saying that he did not want to hear from him.

An official complaint was made, but Mrs E was found fit for work. An appeal judge overturned the decision maker’s decision and she was placed in the support group. Three months later, she faced another Atos medical, and it was decided that she would be fit for work in six months. She was then placed in the work-related activity group. A month later, because of the stress, her mental and physical condition had deteriorated, and medical advisers told her to apply for disability living allowance. DLA was refused because of the original Atos report. When it was pointed out that the report was negative, but had been overturned on appeal, a reconsideration was requested. The DWP insisted that the information from the first Atos assessment was sound and that the only option was to appeal to the first-tier tribunal.

My constituent then faced two tribunals. We should remember that this is a lady with post-traumatic stress disorder. She faced two appeals. The first was for DLA. The decision to award the lower rate for mobility and care was backdated. Since then, another DLA application has raised the mobility and care components to the higher rate. The second appeal tribunal was for the employment and support allowance. She was placed in a support group and her benefit was backdated.

That was not the end of this lady’s trauma. Her mental health had deteriorated to the extent that she attempted to take her own life. Her carer has to remain constantly vigilant. A few months later, she received a letter saying she had been transferred back to the ESA work-related activity group from the support group. Payment for the ESA support component was stopped. Following some investigation, the DWP apologised and said that that was a random “administrative error”, but it affected the lady very badly and her mental state became even more fragile.

Despite that, incredibly, on Christmas eve last year the same “administrative error” occurred. My office was contacted, and I have to say that we were extremely angry. The additional stress was placing this lady in a suicidal position again. The application process started again, and yet again there has been an apology for an “administrative error”. This lady is being hounded by the state: there is no other way of describing it. There is no excuse for this behaviour. This is a company that is not playing fair by this country’s most vulnerable people.

[Nic Dakin (Scunthorpe) (Lab)]

Will my hon. Friend give way?

[Mrs Moon]

I am afraid I cannot; I have only a short time.

Atos received £112.8 million in 2010-11 for its DWP services. About 60% of all claims are judged fit to work; 41% of those people appeal, and 38% of those appeals are successful. Last year, appeals cost £54 million. How can that be seen as value for money? How can this be seen as evidence of a supportive and caring Government in action?

Here are my questions to the Minister. We are told that specific support staff for mental health will be provided. Are they in place? Are they aware of the trauma of post-traumatic stress disorder? Is sensitivity training available, because it has certainly not been made available to the ex-GP who works as an Atos assessor in my area? Has the DWP looked at the cost—to Members, to citizens advice bureaux and to welfare rights organisations—of fighting this iniquitous system?

--- Later in debate ---

[Jeremy Lefroy]

The Minister has definitely heard what my hon. Friend has said. I would only add that even if that is not the case, Atos is in the last chance saloon.

Fourthly, as the right hon. Member for Oldham West and Royton pointed out in his excellent opening speech, there are people whose conditions fluctuate. They may be all right on one day, but completely incapable on the next. At least two of my constituents have made that point.

Fifthly, there is the disregarding of expert medical opinion. I understand that there are marginal cases, but I have seen cases—as, I am sure, have all Members—that bear absolutely no relation to the WCA reports. Because I always make a point of visiting constituents at home if they have a problem with Atos, I see for myself that in some cases the reports bear no relation to the reality. I believe that appeal tribunals that overturn such reports should highlight blatant instances of that, because it clearly constitutes a misuse of public money when the reports are written so badly.

Finally, there are people who are not considered fit for work—for instance, those who are awaiting operations with no idea of the time scale—and who are put into the work-related activity group although they cannot work. That strikes me as a contradiction in terms.

[Nic Dakin]

Will the hon. Gentleman give way?

[Jeremy Lefroy]

I hope that the hon. Gentleman will forgive me if I do not. I am about to end my speech, and I know that others are waiting to speak.

I know from past experience that the Minister certainly listens. I welcome his willingness to make those

“continuous improvements to the process to get the right outcome for claimants”,

and I urge him to do so.