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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Universal Credit takes £3,700 from single working parents - it's time to call a halt

The shadow work and pensions secretary on the latest analysis of a controversial benefit. 

Labour is calling for the roll out of Universal Credit (UC) to be halted as new data shows that while wages are failing to keep up with inflation, cuts to in-work social security support have meant most net incomes have flat-lined in real terms and in some cases worsened, with women and people from ethnic minority communities most likely to be worst affected.

Analysis I commissioned from the House of Commons Library shows that real wages are stagnating and in-work support is contracting for both private and public sector workers. 

Private sector workers like Kellie, a cleaner at Manchester airport, who is married and has a four year old daughter. She told me how by going back to work after the birth of her daughter resulted in her losing in-work tax credits, which made her day-to-day living costs even more difficult to handle. 

Her child tax credits fail to even cover food or pack lunches for her daughter and as a result she has to survive on a very tight weekly budget just to ensure her daughter can eat properly. 

This is the everyday reality for too many people in communities across the UK. People like Kellie who have to make difficult and stressful choices that are having lasting implications on the whole family. 

Eventually Kellie will be transferred onto UC. She told me how she is dreading the transition onto UC, as she is barely managing to get by on tax credits. The stories she hears about having to wait up to 10 weeks before you receive payment and the failure of payments to match tax credits are causing her real concern.

UC is meant to streamline social security support,  and bring together payments for several benefits including tax credits and housing benefit. But it has been plagued by problems in the areas it has been trialled, not least because of the fact claimants must wait six weeks before the first payment. An increased use of food banks has been observed, along with debt, rent arrears, and even homelessness.

The latest evidence came from Citizens Advice in July. The charity surveyed 800 people who sought help with universal credit in pilot areas, and found that 39 per cent were waiting more than six weeks to receive their first payment and 57 per cent were having to borrow money to get by during that time.

Our analysis confirms Universal Credit is just not fit for purpose. It looks at different types of households and income groups, all working full time. It shows single parents with dependent children are hit particularly hard, receiving up to £3,100 a year less than they received with tax credits - a massive hit on any family budget.

A single teacher with two children working full time, for example, who is a new claimant to UC will, in real terms, be around £3,700 a year worse off in 2018-19 compared to 2011-12.

Or take a single parent of two who is working in the NHS on full-time average earnings for the public sector, and is a new tax credit claimant. They will be more than £2,000 a year worse off in real-terms in 2018-19 compared to 2011-12. 

Equality analysis published in response to a Freedom of Information request also revealed that predicted cuts to Universal Credit work allowances introduced in 2016 would fall most heavily on women and ethnic minorities. And yet the government still went ahead with them.

It is shocking that most people on low and middle incomes are no better off than they were five years ago, and in some cases they are worse off. The government’s cuts to in-work support of both tax credits and Universal Credit are having a dramatic, long lasting effect on people’s lives, on top of stagnating wages and rising prices. 

It’s no wonder we are seeing record levels of in-work poverty. This now stands at a shocking 7.4 million people.

Our analyses make clear that the government’s abject failure on living standards will get dramatically worse if UC is rolled out in its current form.

This exactly why I am calling for the roll out to be stopped while urgent reform and redesign of UC is undertaken. In its current form UC is not fit for purpose. We need to ensure that work always pays and that hardworking families are properly supported. 

Labour will transform and redesign UC, ending six-week delays in payment, and creating a fair society for the many, not the few. 

Debbie Abrahams is shadow work and pensions secretary.