Employment and Support Allowance (Blackpool South)

Paul Maynard Excerpts

Wednesday 5th September 2012 Westminster Hall

[Mr Gordon Marsden (Blackpool South) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Dorries. I welcome the Minister to his new role.

There is a paradox, in that the reason why many people move to seaside towns—this is not only about those who have lived there all their lives—is to retire, get well, and improve their physical lives but, sadly, illness and physical circumstances do not always permit that. That is the paradox in Blackpool, where the numbers of older people and those with disabilities are larger than average. Many of the disabilities and conditions are fluctuating and transient, and such transience adds to the mental and physical issues that people face.

I want to discuss what my office and I have seen of the experience of claimants who have been transferred from incapacity benefit and other benefits to the new employment and support allowance. In particular, decisions have been made about whether people go into a support group or a work-related activity group. In recent months, we have observed a gradual build-up of people bringing cases to us. There have sometimes been between three to five a week over several months, and as that has happened, I, and people from disability groups across Blackpool, have become more worried.

The concerns have related to the nature of the medical examinations, inaccurate recording and inconsistencies of judgment. Sometimes, they have been about the overall principle of the Atos assessments and what can be described only as a tick-box culture. Only half an hour ago, Advice Link in Blackpool e-mailed me to say that it was giving out advice that the ESA50 form that the claimant receives and the scoring system used by decision makers do not add up. We have seen particular problems with people who have had their Motability taken away.

It is important that I stress the nature of the conditions faced by those who have come to us. Many have chronic illnesses or deep-rooted mental problems, and a number have had degenerative conditions that, by all modern standards, are incurable. I was alarmed and concerned that two or three of the cases involved medical professionals employed by Atos whose methods and judgment we had expressed concerns about three to four years earlier. On that occasion, the Department admitted that they were inadequate.

I want to press the Minister about Atos. Who does it employ? What balance is struck between Atos and the decision maker? Research shows that the majority of decision makers do not feel that they can question much of what has been said. A research summary from the Department for Work and Pensions said:

“Some felt that they still had the ability to reach their own decision over borderline cases”,

but others felt very limited. They

“felt they had been expressly told that they could not make a decision that ran contrary to the Atos advice without securing Atos agreement to do this”,

which they had found that Atos was unwilling or unlikely to supply. What happens when the appeals process takes place, and what happens in the meantime?

One of my constituents suffers from osteoporosis of the spine, fibromyalgia, spondylosis and partial deafness. Following a medical by Atos last November, her disability living allowance claim was disallowed, which also impacted on her husband’s claim for carer’s allowance. My constituent submitted a request for reconsideration but less than 24 hours later, the decision maker rejected it, confirming the original decision. What capacity did the decision maker have to make a considered judgment on that assessment?

I stress the problems about changes to Motability. The rules now say that the Motability component has been altered, with a movement from six months to four weeks for the removal of a vehicle. That was introduced with scant publicity. I have already referred to the swiftness with which the decision makers rejected my constituent’s request, but the real problem, right across the piece, is the time that appeals now take. My constituent was told that it could be at least six months before her appeal was heard.

Another constituent, Mr L, said that his jobcentre adviser was putting him in touch with his mental health worker, but that the process had been undermined by two consecutive medicals. My constituent says, “The adviser bangs his head on the wall. His hands are tied because of the rules that the DWP are using.”

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

I recognise much of what the hon. Gentleman is saying, but will he clarify whether he supports the overall principle of reassessing the claims, or is he merely seeking to draw attention to inadequacies in the implementation?

[Mr Marsden]

I thank my constituency neighbour for that question. I do not think that the two questions are separate. The inadequacy with which some of these issues are treated inevitably casts light on the strength or otherwise of the process. If the hon. Gentleman is asking whether I am in favour of disabled people being given every opportunity to expand their capabilities and to work if that is proportionately possible, the answer is an unqualified yes—and that would be the case for most hon. Members—but that issue is not under discussion today.

The Minister also needs to think about the effects on the families and carers of people who are knocked back. One of my constituents, a lone parent of two sons in their teens, one of whom has Asperger’s, was knocked back last month. My constituent says, “Two days before being admitted after a series of operations on my shoulder, I received a letter to inform me of the results of the medical I had to attend with Atos, saying that I was fit for work and that my claim for ESA had ended from yesterday. Both my sons live with me, but my housing benefit will stop because my ESA claim has ended. I don’t want to be claiming benefits. I would rather be back working, but with the pain I am in, I am unable to do that.” I have already mentioned what happens to the income of the carers of partners judged fit for work.

Another claimant who was knocked back, who had had long-term depression, wrote to say, “Is there any way you could possibly have the appeal process speeded up? I have been told it could take up to eight months. I feel so lost and powerless.”

The stress falls not just on the person with a disability, but on the partner, particularly when, as a number of my constituents have told me, they were discouraged from going to the assessment because of the restrictions of the venue. That is a denial of human rights, as well as, practically, a very silly thing to do.

Another constituent with chronic pain has been through this revolving door and says, “I am now mentally preparing myself for the fact I will have to take my case to a tribunal. I have been without any payment from DWP since April and although my partner has taken on extra duties during the lunch hour, we still cannot meet our outgoings—full-time hours where she works will not be available.” That is the reality of these people’s lives in Blackpool; it is the reality of the work process there.

Ministers and officials needs to address some fundamental questions. Leaving aside the individual inadequacies of the Atos process, what are the jobs for which these people are alleged to be fit? How much will it cost the Government and the taxpayer to support them properly in those jobs and, in particular, given some of the new Government restrictions on working tax credit, will they ever be able to earn from them a living wage? I have already said that I fully support proportionate and fully rounded initiatives to enable such people to use their abilities, and I feel strongly about that, having had a mother disabled by osteoporosis for 25 years. However, there is a balance to be struck.

Yesterday, in my local newspaper, The Blackpool Gazette, in a piece written by the feature writer Jacqui Morley, the wife of one of the constituents who had come to me, who is a gentleman with a severe degenerative condition akin to motor neurone disease, said that her husband’s former bosses had moved heaven and earth to keep him until he had realised that he was taking more than he was giving. She said that unless the Government were prepared to give disabled people all the support they need—in her husband’s case, certain facilities, personal assistants, and aids and equipment that cost a fortune—this is just a tick-box exercise about integration, not real inclusion. The system also dictates that the man will have to go through the process again in three years’ time to be reassessed on that progressive degenerative condition.

Alan Reid, who manages Disability First, our Blackpool disability information service, has commented that many people in the town who are genuinely in need are being dumped by these assessments. He says, “They come to us desperate and, in some cases, suicidal.”

Some of these concerns were raised during pilots of the process—indeed, disability group representatives in the Blackpool area took part in those pilots—so it is not entirely surprising that some of the problems have come to pass. I strongly stress that there is a sense of waste and people saying, “Working for what?”

The same constituent’s wife who was quoted in the Gazette put her finger on the problem in the letter that she wrote to the decision maker at Jobcentre Plus. When talking about the test, she said that the question should be about to what end people could press a button and use a keyboard and mouse, and whether they could do so at a speed—and without the need for continued support—that would facilitate meaningful input and a financially viable outcome such that their employment could be sustained by an employer. Surely that should be one of the elements considered in the process.

I have cited all those examples in the context of Blackpool, but the truth, of course, is that this is a country-wide issue. That is why various disability groups, such as the disability benefits consortium, the Royal National Institute of Blind People, Parkinson’s UK and Scope, have all raised serious doubts. The DBC has said that the work-capability assessment is poor at identifying disabled people’s needs.