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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Labour's establishment suspects a Momentum conspiracy - they're right

Bernie Sanders-style organisers are determined to rewire the party's machine.  

If you wanted to understand the basic dynamics of this year’s Labour leadership contest, Brighton and Hove District Labour Party is a good microcosm. On Saturday 9 July, a day before Angela Eagle was to announce her leadership bid, hundreds of members flooded into its AGM. Despite the room having a capacity of over 250, the meeting had to be held in three batches, with members forming an orderly queue. The result of the massive turnout was clear in political terms – pro-Corbyn candidates won every position on the local executive committee. 

Many in the room hailed the turnout and the result. But others claimed that some in the crowd had engaged in abuse and harassment.The national party decided that, rather than first investigate individuals, it would suspend Brighton and Hove. Add this to the national ban on local meetings and events during the leadership election, and it is easy to see why Labour seems to have an uneasy relationship with mass politics. To put it a less neutral way, the party machine is in a state of open warfare against Corbyn and his supporters.

Brighton and Hove illustrates how local activists have continued to organise – in an even more innovative and effective way than before. On Thursday 21 July, the week following the CLP’s suspension, the local Momentum group organised a mass meeting. More than 200 people showed up, with the mood defiant and pumped up.  Rather than listen to speeches, the room then became a road test for a new "campaign meetup", a more modestly titled version of the "barnstorms" used by the Bernie Sanders campaign. Activists broke up into small groups to discuss the strategy of the campaign and then even smaller groups to organise action on a very local level. By the end of the night, 20 phonebanking sessions had been planned at a branch level over the following week. 

In the past, organising inside the Labour Party was seen as a slightly cloak and dagger affair. When the Labour Party bureaucracy expelled leftwing activists in past decades, many on went further underground, organising in semi-secrecy. Now, Momentum is doing the exact opposite. 

The emphasis of the Corbyn campaign is on making its strategy, volunteer hubs and events listings as open and accessible as possible. Interactive maps will allow local activists to advertise hundreds of events, and then contact people in their area. When they gather to phonebank in they will be using a custom-built web app which will enable tens of thousands of callers to ring hundreds of thousands of numbers, from wherever they are.

As Momentum has learned to its cost, there is a trade-off between a campaign’s openness and its ability to stage manage events. But in the new politics of the Labour party, in which both the numbers of interested people and the capacity to connect with them directly are increasing exponentially, there is simply no contest. In order to win the next general election, Labour will have to master these tactics on a much bigger scale. The leadership election is the road test. 

Even many moderates seem to accept that the days of simply triangulating towards the centre and getting cozy with the Murdoch press are over. Labour needs to reach people and communities directly with an ambitious digital strategy and an army of self-organising activists. It is this kind of mass politics that delivered a "no" vote in Greece’s referendum on the terms of the Eurozone bailout last summer – defying pretty much the whole of the media, business and political establishment. 

The problem for Corbyn's challenger, Owen Smith, is that many of his backers have an open problem with this type of mass politics. Rather than investigate allegations of abuse, they have supported the suspension of CLPs. Rather than seeing the heightened emotions that come with mass mobilisations as side-effects which needs to be controlled, they have sought to joins unconnected acts of harassment, in order to smear Jeremy Corbyn. The MP Ben Bradshaw has even seemed to accuse Momentum of organising a conspiracy to physically attack Labour MPs.

The real conspiracy is much bigger than that. Hundreds of thousands of people are arriving, enthusiastic and determined, into the Labour party. These people, and their ability to convince the communities of which they are a part, threaten Britain’s political equilibrium, both the Conservatives and the Labour establishment. When the greatest hope for Labour becomes your greatest nightmare, you have good call to feel alarmed.