Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what steps he is taking to (a) ensure that the outcome of assessments conducted by his Department on people seeking to claim employment and support allowance are correct and (b) reduce the number of decisions based on such assessments which are overturned on appeal.

a) To ensure that the outcome of assessments conducted by his Department on people seeking to claim employment and support allowance are correct

With regard to the actual Work Capability Assessment (WCA), the Department robustly monitors the performance of the Centre for Health and Disability Assessments (CHDA). They are independently audited to ensure that the advice provided to the Department’s decision makers is of suitable quality, fully explained, and justified. Assessment reports deemed unacceptable are returned to CHDA for reworking. The Department continues to work extensively with the assessment provider to make improvements to guidance, training and audit procedures in order to ensure that a quality service is maintained. All healthcare professionals delivering assessments for CHDA complete rigorous training before they are allowed to undertake WCAs. The healthcare professionals employed by CHDA are required to complete the agreed elements of Continuing Medical Education, as set out in the contract each year. CHDA undertake continuous review and audit of all healthcare professionals, with clinical mentoring available as required.

b) To reduce the number of decisions based on such assessments which are overturned on appeal.

Any claimant wishing to dispute a decision made based on their assessment is entitled to do so.

The first stage of which is for the Department to conduct a Mandatory Reconsideration (MR) whereby a different decision maker undertakes a full review of the case and considers any additional evidence provided. The Department undertakes this review in an attempt to ensure before appeal that our decision is as robust and accurate as possible.

However, should the decision remain the same and the claimant still disagree, they can submit an appeal directly with Her Majesty’s Court and Tribunal Service (HMCTS).

The Department now has Presenting Officers attending 50% of all ESA Appeals at HMCTS ensuring that where the Department believes the decision to be robust and accurate, we are adequately represented. This also enables us to gather significant feedback that will inform the quality of our decision making going forward.