Work capability assessments: the fightback

Disabled people win right to judicial review.

Encouraging news out of the High Court on Thursday for opponents of the loathed Atos' work capability assessments (WCAs) : the court granted permission to two disabled people for a judicial review to challenge the operation of WCAs. 

Represented by the Public Law Project, the claimants argue that WCAs discriminate against people with mental health problems. Says the Public Law Project's Ravi Low-Beer, the reasonable adjustment they want is for the onus to be on the Department of Work and Pensions “to make sure they have medical evidence from medical practitioners from the beginning of the process,” for ESA applicants with mental health issues.
 
Most people will know WCAs as the face-to-face interviews and brief physical tests that are conducted by Atos healthcare to assess people's eligibility for the Employment and Support Allowance
 
As things stand, says Low-Beer, WCAs are conducted by Atos healthcare professionals who are not mental health experts. “At present,” the Public Law Project says, “the DWP do not routinely ask for expert medical reports from an applicant’s community-based doctor.” Interviews are often hurried and people must be able to explain their problems in detail. The claimants contend that not everyone with mental health problems is always in a position to do that – it may be, says Public Law, that “conditions fluctuate in seriousness, or [people] cannot easily talk about their disability” - which means people can be found fit for work with less than their whole stories told. That, says Low-Beer, pushes people who may already be struggling into a notoriously stressful appeals process.
 
“For some people, having to negotiate an appeal is an agony. It causes a tremendous amount of distress. It's a confrontation with the state that they're ill-equipped to endure.” For those reasons, says Low-Beer, medical evidence should be available and considered at the beginning of the process, and it should be up to the DWP to make sure it is. Last year, the Public Law Project and the Mental Health Resistance Network began to meet to consider a course of action around the problem
 
Now, they have one. It's certainly a slap in the face for the government – and for a despised assessment process that has long been mired in strife and acrimony. Sites like Broken of Britain, AtosVictimsGroup and Jayne Linney's have grown and grown as people have looked to rein in an assessment process that they say is imprecise, unfair, fails to account for medical evidence and even to reflect discussions which take place in Atos assessment rooms. The Guardian has reported “hundreds of thousands of people” flooding to contest decisions made against ESA eligibility as a result of these assessments:  “a 56% rise during 2010/11 in the number of people appealing rulings that they are fit for work,” and an overloaded tribunals system to boot. “Since the system was trialled at the end of 2009, at least 390,000 people have gone to appeal. Tribunal courts have been forced to open on Saturdays and to increase staff by 30% since January 2010 to deal with the backlog.”
 
God knows I've talked to people who've been stuck in it. People I've interviewed with mental health problems and bad experiences of WCA include Paul*, from Cheshire, a man who'd worked for nearly 40 years, but who suffered from severe depression and had made a suicide attempt when his department was restructured and his job changed. He told me that "there was no sympathy all,” at his WCA:  “They even got my date of birth and my medication wrong. They said I went out shopping and visiting my brother - none of which was true. I can't go out of the door on my own.” Atos found him fit for work – a decision which was, like many, overturned on appeal. He almost didn't get there – he was so stressed by the thought of the appeals process that he did not want to go through it. In the end, he only appealed because his wife insisted and helped him with it.
 
A Newcastle man with schizophrenia, Steve*, also failed in his application for ESA. He told me that few questions were asked in his assessment about the impact his schizophrenia has on his life and his ability to cope. He was found fit for work and needed the help of his community mental health team to go through an appeal.
 
*Surnames withheld
Work and Pensions minister Chris Grayling (Photo: Getty Images)
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Andy Burnham quits shadow cabinet: "Let's end divisive talk of deselections"

The shadow home secretary reflected on a "profoundly sad" year. 

Andy Burnham will leave the shadow cabinet in the reshuffle to focus on his bid to become Manchester's metro mayor in 2017. 

In his swansong as shadow home secretary, Burnham said serving Labour had been a privilege but certain moments over the last 12 months had made him "profoundly sad".

He said:

"This is my tenth Conference speaking to you as a Cabinet or shadow cabinet minister.

"And it will be my last.

"It is time for me to turn my full focus to Greater Manchester. 

"That's why I can tell you all first today that I have asked Jeremy to plan a new shadow cabinet without me, although I will of course stay until it is in place."

Burnham devoted a large part of his speech to reflecting on the Hillsborough campaign, in which he played a major part, and the more recent campaign to find out the truth of the clash between police and miners at Orgreave in 1984.

He defended his record in the party, saying he had not inconsistent, but loyal to each Labour leader in turn. 

Burnham ran in the 2015 Labour leadership election as a soft left candidate, but found himself outflanked by Jeremy Corbyn on the left. 

He was one of the few shadow cabinet ministers not to resign in the wake of Brexit.

Burnham spoke of his sadness over the turbulent last year: He was, he said:

"Sad to hear the achievements of our Labour Government, in which I was proud to serve, being dismissed as if they were nothing.

"Sad that old friendships have been strained; 

"Sad that some seem to prefer fighting each other than the Tories."

He called for Labour to unite and end "divisive talk about deselections" while respecting the democratic will of members.

On the controversial debate of Brexit, and controls on immigration, he criticised Theresa May for her uncompromising stance, and he described Britain during the refugee crisis as appearing to be "wrapped up in its own selfish little world".

But he added that voters do not want the status quo:

"Labour voters in constituencies like mine are not narrow-minded, nor xenophobic, as some would say. 

"They are warm and giving. Their parents and grandparents welcomed thousands of Ukrainians and Poles to Leigh after the Second World War.

"And today they continue to welcome refugees from all over the world. They have no problem with people coming here to work.

"But they do have a problem with people taking them for granted and with unlimited, unfunded, unskilled migration which damages their own living standards. 

"And they have an even bigger problem with an out-of-touch elite who don't seem to care about it."

Burnham has summed up Labour's immigration dilemma with more nuance and sensitivity than many of his colleagues. But perhaps it is easier to do so when you're leaving your job.