Atos Work Capability Assessments

Pamela Nash Excerpts

Thursday 17th January 2013 Commons Chamber

[Pamela Nash (Airdrie and Shotts) (Lab)]

Nothing has shocked me more as the Member of Parliament for Airdrie and Shotts than the sheer scale of anxiety and hardship caused by the flawed work capability assessments, which is apparent in the number of people visiting my office every week. I am sure that that experience is replicated across the House and that we will hear many such stories today. I have had a frail lady sitting in my office who had only recently finished chemotherapy but had been told she was fit for work. I have had a lady who suffered 90% burns to her body—she spends every day in severe pain—and was told that she was now ready to join the Work programme. I could list hundreds of others—sadly, these are very familiar stories. These people are having their lives ruined by a system that was designed to support them.

Last year the whole country came together to celebrate the Paralympic games. I have to say that the vast majority of the country joined those booing in the Olympic park when the Chancellor took the spotlight, but he was not the only unpopular person at the games. Atos’s sponsorship was also widely condemned, leading to protests throughout the country, including by our very own Team GB. Unfortunately, the Scottish Government have not listened to the Scottish people on this. In fact, our Deputy First Minister has welcomed Atos’s sponsorship of the Commonwealth games next year. She has tried to wriggle out of it by saying that Atos is only carrying out the will of the UK Government. However, the Scottish people disagree not only with the structure of these work capability assessments but with the incompetence with which they are being carried out.

As I have such limited time today, I will restrict the rest of my comments to the recording of work capability assessments, which I have raised before on the Floor of the House. I know that there has been a pilot of recording work capability assessments as a result of Harrington review. The result was that the majority of those being assessed do not wish to have their assessments recorded. However, recording should continue to be offered to everyone being assessed, and the reason for doing this—the huge number of assessments whose results are overruled when they go to appeal—should also be explained to every claimant.

[Caroline Lucas (Brighton, Pavilion) (Green)]

The hon. Lady is making a powerful case. Does she agree that the Atos assessment process is not only humiliating and demeaning for those involved—and often plain wrong—but counter-productive, in the sense that it adds to the stress they are under, making sick people even sicker?

[Pamela Nash]

I thank the hon. Lady for that contribution. I am sure she has had the experience, as I have, of seeing people who have claimed employment and support allowance as a result of a physical disability or illness ending up with mental health problems owing to the stress of going through the system.

[Wayne David (Caerphilly) (Lab)]

Does my hon. Friend agree that it says a great deal about the nature of the work capability assessment that not only do many people win their appeals but that so many are appealing that this can lead to delays of up to 25 weeks for them to be heard?

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[Pamela Nash]

I completely agree with my hon. Friend. We have heard that one in six of those claiming ESA ends up eventually winning their appeal, but in North Lanarkshire—the local authority area that I live in—60% of appeals are being won by those lodging them.

To return to the recording of assessments, the Minister’s predecessor, the right hon. Member for Epsom and Ewell (Chris Grayling), made it clear in a Westminster Hall debate last September that he felt that Atos

“should make recording available on a voluntary basis”.—[Official Report, 4 September 2012; Vol. 549, c. 42WH.]

However, not a single constituent of mine who has come to see me about work capability assessments has told me that they have been offered the prospect of having it recorded. In fact, one constituent told me that she had asked for her assessment to be filmed, following her previous assessment, which resulted in a report that bore little resemblance to that assessment. On that occasion she was found fit for work, but she subsequently won her appeal. She was informed that recording would indeed be possible, but that she would have to pay for a private, independent company to come in to record her assessment. Equipment was not made available to her. She had hoped to take a family member in to film the assessment, but was told that this would not be allowed or appropriate. How on earth is a person living on benefits—living on the breadline—supposed to be able to afford to pay a private company to record their assessment?

The Minister’s predecessor also stated in that debate that additional audio recording machines had been ordered for work capability assessments. I hope that the Minister can today update the House on the progress made on that and on whether visual recording equipment is being purchased for that purpose. I would also like clarification on the right of the claimant to request a recording. If claimants have that right, will the Minister make it clear whether Atos is obliged to provide a recording? Will Atos reschedule an assessment date if the person concerned is told that equipment is not available on the original date? In the event that a claimant refused to go through with an assessment without a recording, would they be sanctioned in terms of their benefits?

This is an important issue to raise in the House today. Not only does it affect those going through the assessments directly, but there is a huge cost for the taxpayer, as my right hon. Friend the Member for Oldham West and Royton (Mr Meacher), who has brought this matter to the House today, illustrated in his speech. This process has cost £60 million in the last tax year, which is more than half the original cost of the contract with Atos to perform the work capability assessments.

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[Mr McKenzie]

I could not agree with my hon. Friend more. The accuracy of assessments is essential, as I will go on to discuss later.

Let me outline briefly some of the cases that have been brought to my surgeries, on the back of a recurring issue now being referred to by my constituents as the “Lazarus letter”. This is a letter they receive instructing them to make their way to Glasgow for assessment and containing many connotations about what will befall their benefits. A constituent who suffers from severe cerebral palsy and could not travel was refused a home visit and told to go to Glasgow to be tested. Another constituent who was recovering after being seriously injured in an accident was advised to attend an Atos assessment in Glasgow. Both those constituents could not possibly travel because they were in so much pain, and I had to get involved and ask for a home assessment for them. It does not end there because they then had their benefits cut or stopped because Atos sent the assessment forms to the wrong address. If it cannot get the address right, what chance does it have with assessments?

Clearly many of my constituents have not been treated with the fairness and decency they deserve. Although I realise that we need to see whether people can work, we need a system that is humane and fair, not one that causes fear and loathing. It is time the Government realised that they are driving many sick and disabled people into poverty. What does the Minister think of Citizens Advice’s detailed year-long study “Right first time?” on the controversial work capability assessment run by Atos, which has revealed evidence of widespread inaccuracies in the medical reports that help to determine whether individuals are eligible for sickness benefits? Citizens Advice also tracked a group of people through the process of claiming employment and support allowance and looked at how their claims were handled. The report’s conclusions are stark: 37 individuals were tracked and had their reports examined, with serious levels of inaccuracy revealed in up to 43% of the reports. That level is significant enough to have an impact on the claimant’s eligibility for benefits—surely our sick and disabled deserve better than this.

The low rate of accuracy is worrying because the reports are used in deciding entitlement to other benefits. Is it not better to have an accurate, fair and just system of medical assessment, one that claimants know will treat them fairly and with the humanity they deserve, rather than a system that is, frankly, unfit for purpose and that uses a company, Atos, that instils fear and loathing in people, resulting in a system where people are continually appealing against decisions? We have already heard that the success rate against the decisions is about 60%.

[Pamela Nash]

Although the Department has made much of the fact that Atos does not actually make the decisions, with that being done by decision makers in the job centres, I have never seen evidence of the decision makers taking account of any evidence apart from the Atos assessment and the questionnaire, unless the case goes through appeal or reconsideration. Does my hon. Friend agree that decision makers should in every assessment be seeking the opinion of the person’s GP and of other professionals who are offering the person care at that time?

[Mr McKenzie]

I thoroughly agree with my hon. Friend on that point. It is ridiculous to have people making an assessment based on a tick-list that looks like it should be used for an MOT on a car.

We need to ensure that the people who are going through the system are treated well, justly and fairly. The British Medical Association has called for the work capability assessment to end immediately and be replaced with a system that does not cause harm to some of the most vulnerable people in society. I call on the Government to change course and look again at this process.

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[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.

[Pamela Nash]

Will the Minister give way?

[Mr Hoban]

Let me make a bit more progress.

People say that the number of appeals overturned at tribunal is evidence of poor Atos reports—a point raised by the hon. Member for Edinburgh East (Sheila Gilmore). When we asked judges why they overturned DWP decisions, they said that an error in the Atos assessment was the primary reason for an overturn in only 0.3% of cases. However, although it happens very rarely, I agree with her on one point: I would like to get more information from the judges.