Atos is "black and white" on fitness and disability

One man's experience of successfully appealing a Work Capability Assessment ruling.

One man's experience of successfully appealing a Work Capability Assessment ruling.{C}

I'm one of the 39 per cent. I appealed against a decision by Jobcentre Plus that, despite being five months into recovery from a stroke, I was not entitled to sickness benefit. On Tuesday, I won. The overturned decision was based on the infamous work capability tests carried out by French IT company Atos. The accuracy of the tests has been described as "worryingly low" by Citizens Advice. I know why.

In the summer of 2010 I suffered a brain haemorrhage and subsequent stroke. In comparative terms the stroke was mild, but felt devastating. My balance was shot to pieces (getting from A to B involved going via C, D sometimes S), my speech so badly slurred I could barely be understood and I developed double vision. My cerebellum had been damaged; the part of the brain that is temporarily impaired if you get blind drunk. I spent three weeks in hospital. At 40-years-old I was a relatively young, but told that recovery would take time.

After a long struggle of contending with doctor's notes that mysteriously disappeared when posted, during which time I felt that the universe personally hated me, I eventually received £65.45 a week Employment and Support Allowance. In November that year I was told by my Jobcentre Plus adviser that I would have to attend a "medical" to confirm my condition. What followed was a distinctly "unmedical" procedure to demonstrate that I was capable of work, when I obviously wasn't.

I arrived at a former driving test centre on a cold Saturday morning in December 2010. I sat alone in the waiting room. The test had been postponed from the previous week because -- you have to admire the irony -- the doctor was sick.

The test lasted no more than 20 minutes. I was asked various questions by a "healthcare professional" sat behind a desk about whether I prepared my own meals, did my own shopping, walked to friends' houses nearby. The answer, in all cases, was a "Yes, but . . .". But as the computer keyboard rattled in response to my answers, I realised that there were no conditionals in the Atos universe.

The "but" was all the difference in the world, both to me and any potential employer. I could perform "tasks" as the pre-assessment form put it; but if done repeatedly, as real jobs tend to demand, they would soon result in chronic fatigue, and the deficiencies of my damaged brain would come to the surface. My speech would become incomprehensible, my dexterity would collapse, I'd have to squint to see properly, I wouldn't be able to walk in a straight line and concentrating would become an insurmountable achievement. Besides the loss of balance, I have a permanent sense of slight dizziness. I pointed this out but had the feeling no one was listening.

The Atos doctor ploughed on with the test. I was asked to touch my fingers, just once, above my head. I'm still not sure what this proved. The doctor then shook hands and asked if I was satisfied. As I left I could feel his eyes in the back of my head as I walked, slowly, down the corridor.

In employment terms, at that stage in my recovery I was useless. I knew I was unemployable, my Jobcentre adviser knew I was unemployable. But Atos -- and the Department for Work and Pensions -- thought otherwise.

Two weeks later, I was phoned by the Jobcentre and told I had been found fit for work. I received the test report through the post. My disabilities had been minimised and frozen in time: if I could do something once, I could do it, period. Unhesitatingly, I appealed against the decision.

Atos says it is focussed on high standards and its customer satisfaction ratings exceed 90 per cent. Also, it works under contract -- worth £100m -- from the Department for Work and Pensions. The government ultimately decides what level of incapacity has to be shown to qualify for benefit.

I was plunged into a horribly unfair struggle to prove what I knew what wrong with me; all the time aware of the irony that if I applied for an actual job then my real abilities, or lack of them, would be glaringly exposed. It was cruel. With the government "unreservedly and implacably opposed" to letting the "real world" impinge on the work capability test, the cruelty and colossal expense, estimated at £50m, of thousands of sick people appealing against the injustice, will go on. I hope it never happens to you.

Mathew Little is part-time freelance journalist.

Photo: Getty
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Who will win in Stoke-on-Trent?

Labour are the favourites, but they could fall victim to a shock in the Midlands constituency.  

The resignation of Tristram Hunt as MP for Stoke-on-Central has triggered a by-election in the safe Labour seat of Stoke on Trent Central. That had Westminster speculating about the possibility of a victory for Ukip, which only intensified once Paul Nuttall, the party’s leader, was installed as the candidate.

If Nuttall’s message that the Labour Party has lost touch with its small-town and post-industrial heartlands is going to pay dividends at the ballot box, there can hardly be a better set of circumstances than this: the sitting MP has quit to take up a well-paid job in London, and although  the overwhelming majority of Labour MPs voted to block Brexit, the well-advertised divisions in that party over the vote should help Ukip.

But Labour started with a solid lead – it is always more useful to talk about percentages, not raw vote totals – of 16 points in 2015, with the two parties of the right effectively tied in second and third place. Just 33 votes separated Ukip in second from the third-placed Conservatives.

There was a possible – but narrow – path to victory for Ukip that involved swallowing up the Conservative vote, while Labour shed votes in three directions: to the Liberal Democrats, to Ukip, and to abstention.

But as I wrote at the start of the contest, Ukip were, in my view, overwritten in their chances of winning the seat. We talk a lot about Labour’s problem appealing to “aspirational” voters in Westminster, but less covered, and equally important, is Ukip’s aspiration problem.

For some people, a vote for Ukip is effectively a declaration that you live in a dump. You can have an interesting debate about whether it was particularly sympathetic of Ken Clarke to brand that party’s voters as “elderly male people who have had disappointing lives”, but that view is not just confined to pro-European Conservatives. A great number of people, in Stoke and elsewhere, who are sympathetic to Ukip’s positions on immigration, international development and the European Union also think that voting Ukip is for losers.

That always made making inroads into the Conservative vote harder than it looks. At the risk of looking very, very foolish in six days time, I found it difficult to imagine why Tory voters in Hanley would take the risk of voting Ukip. As I wrote when Nuttall announced his candidacy, the Conservatives were, in my view, a bigger threat to Labour than Ukip.

Under Theresa May, almost every move the party has made has been designed around making inroads into the Ukip vote and that part of the Labour vote that is sympathetic to Ukip. If the polls are to be believed, she’s succeeding nationally, though even on current polling, the Conservatives wouldn’t have enough to take Stoke on Trent Central.

Now Theresa May has made a visit to the constituency. Well, seeing as the government has a comfortable majority in the House of Commons, it’s not as if the Prime Minister needs to find time to visit the seat, particularly when there is another, easier battle down the road in the shape of the West Midlands mayoral election.

But one thing is certain: the Conservatives wouldn’t be sending May down if they thought that they were going to do worse than they did in 2015.

Parties can be wrong of course. The Conservatives knew that they had found a vulnerable spot in the last election as far as a Labour deal with the SNP was concerned. They thought that vulnerable spot was worth 15 to 20 seats. They gained 27 from the Liberal Democrats and a further eight from Labour.  Labour knew they would underperform public expectations and thought they’d end up with around 260 to 280 seats. They ended up with 232.

Nevertheless, Theresa May wouldn’t be coming down to Stoke if CCHQ thought that four days later, her party was going to finish fourth. And if the Conservatives don’t collapse, anyone betting on Ukip is liable to lose their shirt. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.