Ten Years of the Work Capability Assessment

Patricia Gibson Excerpts

Wednesday 24th April 2019 Westminster Hall

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I congratulate the hon. Member for North West Durham (Laura Pidcock) on securing this debate and on the tone that she set at the beginning.

I was first elected in 2015 and I have spoken out repeatedly about the damage that the assessments and the way in which they are carried out do to my constituents and constituents across the United Kingdom. Although I am glad to speak in this debate, I am really annoyed that it is necessary, because it should not be. The Minister is not hearing anything today of which he is not aware. He knows exactly what is going on and it is not acceptable that we come back time after time to say the same things over and over. I know the Minister will tell us about changes that have been made and about people who are not reassessed if they have got a severe disability or a lifelong illness. He will tell us that people with progressive conditions requiring a high level of support will be assessed only every 10 years. I say to him that that is all very well and good, but it simply is not good enough.

The Disability Benefits Consortium, made up of 80 different charities and organisations, has stated that it did not think assessors had sufficient expertise to carry out assessments. Respondents who had seen a copy of their paperwork following assessment said that it “badly” or “very badly” reflected the answers that they gave. We all know that to be true when we speak to our constituents. Citizens Advice has told us that 81% of its advisers report inaccuracies in work capability assessments, so the information is out there. It is in our constituencies and in our surgeries, and I know it will be in the Minister’s inbox as well.

Constituents in a state of extreme distress have told me that they felt the questions they were being asked at the assessments were extremely intimate, invasive and inappropriate. Discussing very intimate details of your medical challenges with a panel of strangers in a context that causes the claimant distress and nervousness very often sets back the claimant’s health, exacerbating their condition, and all of that is before they are told, often incorrectly, that they are fit for work, with the paperwork not accurately reflecting the answers that the claimant gave at the assessment.

Some 51% of ESA claimants are recorded as having a mental or behavioural disorder as their main disabling condition. Rethink Mental Illness has published a report that states:

“Assessments can be traumatising and anxiety-inducing”

in a system that requires claimants to

“collect their own medical evidence”,

and it

“inherently discriminates against people with mental illnesses”.

Often a false sense of security is created where assessors appear friendly and ask questions supposedly by way of a preamble to the formal interview: “Do you have pets?” “Do you have a dog?” “Do you walk it?” “What lovely weather we’re having.” “Do you like to sit in the garden?” All the questions are asked as if it is casual conversation, only for the claimant to subsequently discover, upon receiving his or her paperwork, that their assessment decision has been reached on the basis of answers to the so-called casual questions instead of on the medical evidence presented. I think that is sinister.

[Danielle Rowley]

The hon. Lady is making an important point. I have a constituent who was asked if they could get a pen out of their bag, and they did, and then that was put down in the assessment. She was in floods of tears at my surgery because she felt she had been tricked. It is just awful.

[Patricia Gibson]

A false sense is presented to the people, some very vulnerable, when they go to the assessments, and it is simply not good enough. The simple fact is that the system—the Minister knows this—which is a partnership with the private sector that has been in place since 2008, brought in under Labour, opened the gates, but the Minister has to understand that it has opened the gates to a place where folk who are sick and disabled are commodified, and it is not working.

Nearly half of women involved in work capability benefit tests have attempted suicide. We have seen the reports of claimants being asked, “Why haven’t you killed yourself?”, and even a double amputee being told he was no longer eligible for the mobility aspect of his disability living allowance. Sadly, such stories continue to emerge, and we have heard today about the very sad case of Stephen Smith, with which I am sure the Minister is familiar.

I have heard DWP Ministers say—I cannot remember whether this includes the Minister here today—the number of successful appeals against decisions shows that the system is working. I must confess I have never heard such stuff and nonsense. The number of successful appeals shows that too many incorrect decisions are made, which deny the most vulnerable in society, the sick and infirm, the support that they need and deserve. That is why the Scottish Government are committed to taking a lead on obtaining medical evidence so that claimants are not burdened with it. That is why there will be no private sector involvement in assessments, so that there will be no profit motive for it to declare claimants fit for work when it is not in a payment-by-results system. That is why the Scottish Government say that claimants will be offered a location and time and date that suits them for assessment, with home visits for those with travel difficulties, and that is why they have said audio recordings of assessments will be standard to ensure accuracy and transparency.

I urge the Minister and the Government to step up and admit that the current system punishes those who are unfit to work and those who are sick, and cruelly strips them of their dignity. I hope that the Minister will admit that it does not work. I urge him to look at the measures that the Scottish Government will implement and take a leaf out of that particular book. The current system does not work for my constituents in North Ayrshire and Arran. It does not work for anyone’s constituents. I ask the Minister to do the right thing: reach out a compassionate hand to those living with a disability. Anyone who is a Minister for Disabled People should do no less.

--- Later in debate ---

[Justin Tomlinson]

We all recognise that suicide is a tragic and complex issue, and we take it extremely seriously. We take the death of any claimant seriously and, where we are made aware that a person has died and it is suggested that that might be associated with the DWP directly, a review will be undertaken to identify whether any lessons can be learned and can be actioned.

[Patricia Gibson]

Will the Minister give way?

[Justin Tomlinson]

Let me make some progress, because this is a very important point about the MR process. We are in the early stages with a new way of looking at MRs, but there have been very positive results, and we will now roll this out to all the PIP dispute sites. We intend to do the same for the ESA sites as well.

The second stage has to do with the appeal process. Again, we recognise that people will submit additional, late written and oral evidence.

[Patricia Gibson]

rose—

[Justin Tomlinson]

Let me just make this point. I want to explain one of the challenges. The shadow Minister, the hon. Member for Battersea (Marsha De Cordova), talked about a 30-week wait, in some cases, for an appeal. The person may have got the additional evidence in week six, but then the system is saying, “I’m sorry, but you’re going to have wait another 24 weeks until we can actually take that into account.” That is clearly not an ideal situation, so we are looking at how we can lapse appeals, where there is new evidence, to reconsider the decision with the additional evidence and be able then to give them a different decision. If we do not think that that should change the decision, they have the right to carry on right through to the final appeal process, but if it is something that is clearly going to change the decision, we should act as quickly as possible.

[Patricia Gibson]

Will the Minister give way?

[Justin Tomlinson]

In a second. Over the past five years, only 4% of work capability assessment ESA decisions have been revised at appeal, but we recognise that it is in no one’s interest that things should be picked up only after a lengthy appeal process, so we are absolutely committed to being proactive in this area, and this issue will be a real priority.

[Patricia Gibson]

I thank the Minister for giving way. I just wanted to ask for clarification on one point that he made, which was about appeals being successful because of new or additional information. How does he respond, then, to the fact that people who go on to appeal do so on the basis that the information that they see about themselves is badly or very badly expressed and incorrect, and to Citizens Advice saying that 81% of the customers it sees have inaccurate information recorded about them, which leads to a wrong decision?

[Justin Tomlinson]

I am coming on to how we can do more to ensure that the right evidence is put into the system at the earliest possible moment and in the right way. We do not want people who should be getting support to have to go through a lengthy process unnecessarily. We all agree on that, and I hope that hon. Members can see that what I am describing is an important improvement. It is still at an early stage, but as I have seen in previous debates, it is the sort of thing that stakeholders want us to do, and we are rightly going to take it forward.

Let me come on to the point about evidence. It is referring to the integrated service. There is a bit of confusion in terms of what people thought that this would be. The view was that it ultimately would be a panacea whereby people would go for one single assessment for PIP and for the work capability assessment. The reality is that very few people apply for both benefits at a similar point in time. However, for the very few people who do, it might make sense for them to have, if they wish, both of the assessments on the same day instead of having to come in on the Monday and then again on the Wednesday. That may be what people want to do, but we are talking about very small numbers.

The thrust of this is to share evidence if the claimant wishes that to be done. One point that many hon. Members made was about the challenge that often arises of getting the evidence, whether from the GP, the physiotherapist or the hospitals, in a timely manner and in a way that is helpful for their assessment. If they have managed to do that once and they would like us to use that evidence again, with their consent, that is something that we would seek to do as part of building the new digital system and ensuring that the claimant has consistent, better information. Being able to share evidence will reduce the burden of providing the same evidence multiple times. It could potentially lead to fewer face-to-face assessments if we can gather crucial, vital, clear-cut evidence earlier in the claim.

I want to pay tribute to all the stakeholders, the medical experts, the charities and all the MPs across the House who regularly engage on this issue. Over the coming months, we will be doing a series of roundtables and regional events to gather further evidence, with a real emphasis on those with real experience of this area, so that we can further improve the system. We want to build trust, transparency and consistency and we want to improve the claimant’s experience through a more personalised and tailored approach. As a returning Minister, I am committed to supporting disabled people and those with long-term health conditions to claim and receive the benefits to which they are entitled and to ensuring that people are treated fairly and with dignity. I thank all the Members across the House who have contributed today.