Benefit Sanctioning

Paul Maynard Excerpts

Tuesday 2nd December 2014 Westminster Hall

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

It is a pleasure to serve under your chairmanship, Mr Howarth. I congratulate the hon. Member for Sheffield Central (Paul Blomfield) on securing this important debate. I was sorry to hear the aggressive tone with which the hon. Member for Edinburgh East (Sheila Gilmore) concluded, because this debate needs elevating above party politics.

I am proud to represent a constituency that has this country’s fourth most deprived ward, which is where our local jobcentre is sited. Just over the road in Blackpool South is the most deprived ward in the country. Our jobcentre deals with a vast range of highly vulnerable people with complex needs, including mental health problems, learning disabilities and addictions of one sort or another.

The walk from the jobcentre to my constituency office is 30 seconds, and I have dealt with numerous cases involving the word “sanctions” over the past four and a half years. I have seen the ebb and flow and the changing patterns in how the Department for Work and Pensions has sought to deal with the matter. It would be wrong of me not to make the effort to visit the local Jobcentre Plus to discuss why all this is occurring, what is going on and what is lying behind it. What truth lies behind the things that I read in the newspaper about targets and inappropriate sanctions? There is an element of black and white here.

The system has problems, many brought out by the Oakley review, that the Government are now dealing with by accepting the review’s 17 recommendations. However, I would welcome confirmation from the Minister that that acceptance applies not only to the sanctions imposed on those participating in the back-to-work schemes that fell within the remit of the Oakley review, but to the two thirds of sanctions that were not covered by Mr Oakley.

It is a fair point that there is a lack of clarity about what people understand they are being asked to do. The welfare state is a complex thing to navigate in the first place, which is why we have bodies such as Citizens Advice. A lot of it can be off-putting.

[Yvonne Fovargue]

Will the hon. Gentleman give way?

[Paul Maynard]

I will give way to the hon. Lady as this is her specialist topic.

[Yvonne Fovargue]

There have been a lot of references to the citizens advice bureaux, which issued the valuable report mentioned by my hon. Friend the Member for Sheffield Central (Paul Blomfield) and provide help to the most vulnerable. Many of those bureaux, however, are under threat as local authorities are hard-pressed and cutting their budgets. Does the hon. Gentleman agree that today’s debate demonstrates the value of the advice and the saving to the state?

[Paul Maynard]

I agree entirely. One of my caseworkers also works part-time at the local citizens advice bureau; her experience in the one role helps her in the other, and vice-versa.

What is not made sufficiently clear to all claimants of jobseeker’s allowance is that participation in any activity to get claimants closer to the workplace, whether computer or other skills training, does not invalidate the obligation to continue job-seeking activities. That is often the golden thread running through so many of the sanction cases that come across my desk. That central and essential point is somehow lost on people and, given that it is so central, I urge the DWP to make it much clearer.

What might be driving the ESA issue in particular, which the hon. Member for Edinburgh East mentioned, is the lack of freedom that Work programme providers have not to refer an infringement on for a further decision. That seems to be building into the system an accelerator of the number of referrals on potential sanctions. I urge the Minister to look at how we can build more flexibility into the system so that Work programme providers may choose not to refer if they deem that the claimant has a good reason.

I was struck by the reference of the hon. Member for Sheffield Central to the number of increasing incidents. We can all argue over the figures—some people cite 4.5 million—and I am sure that we will argue about them in the Select Committee, but the essential point to me is that any change in the welfare state or in any particular benefit inevitably creates confusion for those who have to administer the system and for those seeking to navigate it as claimants.

We have seen tremendous changes in the benefits system in recent years—new benefits coming in and new requirements being placed on claimants, none more so than the claimant commitment—and that has required a great degree of comprehension on the part of many of those applying for JSA. Many have none the less found the new document off-putting. Yes, it is certainly personalised, but it is still a matter of putting ticks in boxes as they apply to the individual, so the personalisation is a little limited. It still requires a variety of boxes to be ticked, rather than being built around the needs of an individual. That still creates problems.

I am also struck by the number of people making the journey over to my office from the jobcentre who say, “I have been sanctioned”, when on investigation no sanction is officially part of the story. To me, that was an anecdotal impression—that people said that they were being sanctioned, but were not being sanctioned—so I was intrigued to read in the Oakley report that DWP research had found that 28% of JSA claimants had said that they had been sanctioned in some way, shape or form. Once the case load was reviewed, it turned out that only 11% of claimants had been sanctioned.

I am not saying that those individuals were in any way seeking to misrepresent what had occurred. Once again, benefit claims can be complex, and the amount that one receives each week can change according to a wide range of factors, such as social fund repayments, late payment of bills or the Child Support Agency—the list is endless.

[Debbie Abrahams]

Will the hon. Gentleman give way?

[Paul Maynard]

I am conscious that I am taking a lot of time, so I would like to get through my comments rather than give way. I do apologise.

What interests me is that sanctions appear to be becoming a shorthand for a wider range of issues in the welfare system, all of which undoubtedly need to be addressed. Meanwhile, the issue of conditionality is almost getting a worse name for itself than it should be. Conditionality is not always responsible for all the problems that individual claimants are bringing forward and identifying. We need to drill down to what exactly is occurring.

We obviously have the endless debate about whether Jobcentre Plus employees are expected to hit particular sanction levels. I try to take a pragmatic view. If I am managing a process and I have an outlier branch of my network that is producing figures that I do not recognise, I will of course investigate. I specifically asked my Jobcentre Plus advisers in Blackpool whether that was occurring, and I was assured that it was not. I can only take their word for it, but I understand such concerns. I suggest to those concerned that entering into a potential sanctioning process can often bring out some of those underlying problems—[Interruption.] Was it something I said? I see that the hon. Members for Makerfield (Yvonne Fovargue) and for Oldham East and Saddleworth (Debbie Abrahams) are leaving the Chamber.

On the underlying problems, one gentleman who came to my office had not completed any of his back-to-work activity, but he was then found to be functionally illiterate at the last-but-one stage before he was due to be sanctioned. The sanction was not applied and his literacy issues were then dealt with; Jobcentre Plus employees can use discretion and can already get to the bottom of what is causing some of the problems. I revert to the underlying point of Mr Oakley’s report, which is that the system is not fundamentally broken. He states that quite explicitly. Improvements can certainly be made but, as a system, conditionality is not fundamentally broken.

The hon. Member for Oldham East and Saddleworth made a point about the sizeable numbers exiting JSA totally. I hope that the Select Committee will investigate that important issue, because one of the challenges in Blackpool has been to estimate the size of the black economy. The suspicion is that many people, who until the introduction of the new claimant commitment were able to maintain their job-seeking activity while working in the black economy, could no longer juggle both balls and therefore voluntarily chose to exit JSA. It is a persuasive narrative and I would like the Committee to investigate the extent to which it holds true. Does it depend on the size of the black economy in any particular local economy? What estimates have been made? That is another important issue to be drilled down into.

I want to ensure that other people can speak, so my final point is that, as we have all been saying, conditionality has to be part of any functioning welfare system, but it must be done in such a way that it is also seen to be humane. The Litchfield review of the work capability assessment was always careful to make the point that there is such a thing as institutional justice. People will accept an adverse decision if they have confidence in the process that they have gone through and feel that they have been given a fair opportunity to have their say. The fact that institutional justice is part of the welfare state is an important factor in making it work in the interests not only of those claiming, but of those funding and administering it.