The Secret Cuts, Part Four: Personal Independence Payments

Continuing their series on the Coalition's secret cuts, Kate Belgrave and Alan White investigate the problems arising from outsourced face-to-face assessments. Does the DWP even know what its policy on recording PIP face-to-face assessments is? And why ca

For a long time now, employment and support allowance claimants have demanded the right to record their face-to-face assessments with outsourcing firm Atos. As well they might. With a recording, people are able to demonstrate beyond doubt what was said at assessment – an important facility, in light of Atos' much-discussed form in returning fit-for-work decisions and reports that ignore a claimant's true circumstances and shared details. No wonder the Department for Work and Pensions (DWP) recently turned down a FOI request to find out how many people have died while going through the assessment process.

The number of Employment Support Allowance (ESA) appeals (which continues to skyrocket) has long proved concerns about Atos' inability to accurately assess fitness for work. Recently, judges in the Upper Tribunal held that the Work Capability Assessment process disadvantages people with mental health problems because they can have greater difficulty than others in explaining to the Atos assessor how their condition affects their fitness to work. The DWP could seek further evidence from claimants’ doctors, but has refused to take this step (and is even appealing the decision. Charming). It’s issues like these that mean recording matters.

It’s a pity people have to fight so hard to get the DWP and Atos to agree. At the end of last year, disabled man Patrick Lynch and Public Interest Lawyers took the government to court over its failure to offer a recording of his ESA face-to-face assessment. He'd been found fit for work in a decision which was later overturned.

“When I went for my first Work Capability Assessment in 2010, the doctor carrying out the assessment said things on his report that was not true to my condition and I was refused ESA on his word,” Patrick told us. “If there was a recording, I would have had proof of what was said. It’s important to get this right in the first place.”

Campaigners have won some concessions. At some point, apparently, there will be a note on paperwork sent to claimants to advise them that they can ask to have their assessment recorded. We’d be interested to know if people notice this happening. There was also a commitment from the DWP to offer an ESA assessment recording to anyone who asked for one (if there are recorders available - apparently, there are still only about 50 nationwide, as Mark Hoban revealed to Sheila Gilmore MP in the House of Commons).

Recordings have to be carried out on “official” dual-CD recording equipment – people still can’t bring their own recording equipment unless it can dual-produce a CD or cassette: “If you wish to use your own equipment, you must be able to provide a complete and identical copy of the recording to the healthcare professional at the end of the assessment. It should be in CD or audio cassette format only. Mobile phones are not suitable for this purpose,” says Atos’ advice. Atos changed its advice when the court action was lodged in December 2012. Before the action, Atos would not postpone appointments if recorders weren’t available, as this screenshot shows. Now, it will defer an appointment for four weeks.

The DWP refused to offer universal recording for ESA assessments on the grounds that there wasn't enough demand. A 2012 Disabled People Against Cuts survey would appear to contradict this, to say the least – it showed that the overwhelming majority of people wanted ESA face-to-face assessments recorded. It also showed that the majority of respondents weren’t aware that they could ask for a recording - which, as DPAC points out, could affect demand. Campaigners like Jayne Linney fought for the right for a recording for many months. Kate's experience collecting information about recordings last year would suggest the idea was popular as well. The DWP is apparently “evaluating” demand at the moment.

Campaigners continue to fight for people's right to record their assessments on their own recording equipment (like phones and dictaphones) and for those recordings to be admissible when people challenge fit-for-work decisions.

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And now there’s a bizarre situation regarding the recording of Personal Independence Payment (PIP) face-to-face assessments. PIP is replacing the Disability Living Allowance. (“Replace” is a polite way of putting it - “a means of cutting” is more accurate: the government plans to cut expenditure for this essential benefit by at least 20 per cent as it removes DLA). There have already been a number of concerns about the new criteria on movement, with a consultation launched by the DWP after it faced a judicial review.

Atos and Capita have contracts worth about £540m to carry out PIP assessments. Atos won the contract despite failing to deliver the number of assessment centres required, meaning claimants will face longer journeys on public transport. Atos told the Government that it had an “extensive” network of 16 NHS trusts, two private hospital chains, and four physiotherapy providers, all of which it said would provide sites where assessments would take place. Since it won the contract, all but four of the NHS trusts and both of the private healthcare providers dropped out, which has sparked outrage. The contract will now be referred to the National Audit Office.

Prior to this, Esther McVey angered campaigners when she said that audio recordings of PIP assessments would not be offered by Atos or Capita (see this 18 April 2013 transcript), even though Capita seemed willing to offer them and in spite of this 4 April response document.

And the advice also appeared to directly contradict a response that the DWP emailed to Kate three days earlier on April 15 2013, as part of a correspondence that sought to confirm whether people with hearing impairments could request a video recording.

The statement in that email from the DWP regarding audio recordings was: “the situation is the same for PIP as it is for ESA. A DWP spokesperson said: "All customers are entitled to an audio recording of their assessment.” Video recording is not permitted. This is to ensure the safety and privacy of staff and other customers."

Surprised to hear this, given the information in the response document, Kate asked for more information:

“To clarify - official video recordings are not offered to people with hearing impairments (even if Atos carries them out themselves on official equipment) but audio recordings are offered for ESA and will be offered for PIP?”

The DWP's response was:

The situation for audio recording for ESA remains the same, as detailed in all previous correspondence. Arrangements for PIP are the same. Video recordings are not permitted.

Confusing, to say the least. We’d be interested in hearing your latest, or other updates. And why can’t people request video recordings if they need them?

This recent freedom of information request suggests that people won't be able to ask for a recording of their PIP assessment in the way they supposedly can for ESA WCAs. According to that document, though, claimants can make a recording of their assessments themselves – if they can “provide a complete and accurate copy of the recording to the HP at the end of the consultation. Acceptable formats for such recordings are restricted to CD and audio cassette only. Mobile phones and laptops are not suitable mediums for recording consultations.”

In other words – you can make a recording if you have special equipment which allows for dual CD production. Which nobody does, of course. That equipment is expensive for anyone and particularly if you're on a benefit.

Tessa Gregory, Solicitor at Public Interest Lawyers, says that there could be legal challenges in this:

The DWP have committed to offering audio recordings to all individuals undergoing a WCA assessment so their refusal to offer the same to those undergoing PIP assessments just doesn’t make sense and will certainly be open to challenge. Given the huge impact these assessments have on peoples’ lives, it is imperative that recordings are offered. As Capita stated in their bid, audio recordings “provide reassurance, transparency and an audit trail” – all of which surely the DWP will welcome.

Campaigners remain at loggerheads with the department over the issue of recording both employment and support face-to-face assessments and PIP face-to-face assessments. Campaigners say all PIP claimants must have the right to have their face-to-face assessment recorded – a key safeguard against people’s health conditions being misreported or ignored altogether in an assessment process widely criticised for inaccuracy.

Disabled People Against Cuts says:

The DWP continues to defy logic.” Never was a truer word spoken. “If recordings were freely available, surely the cost of the increasing number of ESA appeals and potential PIP appeals would be less to the public purse, as well as lessening some of the fear and misery of those undergoing these unfair and degrading tests - we can only conclude the DWP has a great deal it wishes to hide.

You can read more articles from Alan White and Kate Belgrave's Secret Cuts series here

We would like to hear from people who have been affected by any of the issues raised in this series. Please email thesecretcuts@gmail.com

A protester wears an "Atos Out" sign during a demonstration at the Department of Work and Pensions. Photograph: Getty Images during a demonstration at the Department of Work and Pensions. Photograph: Getty Images
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The joy of only winning once: why England should be proud of 1966

We feel the glory of that triumphant moment, 50 years ago, all the more because of all the other occasions when we have failed to win.

There’s a phrase in football that I really hate. It used to be “Thirty years of hurt”. Each time the England team crashes out of a major tournament it gets regurgitated with extra years added. Rather predictably, when England lost to Iceland in Euro 2016, it became “Fifty years of hurt”. We’ve never won the European Championship and in 17 attempts to win the World Cup we have only won once. I’m going to tell you why that’s a record to cherish.

I was seven in 1966. Our telly was broken so I had to watch the World Cup final with a neighbour. I sat squeezed on my friend Colin’s settee as his dad cheered on England with phrases like “Sock it to them Bobby”, as old fashioned now as a football rattle. When England took the lead for the second time I remember thinking, what will it feel like, when we English are actually Champions of the World. Not long after I knew. It felt good.

Wembley Stadium, 30 July 1966, was our only ever World Cup win. But let’s imagine what it would be like if, as with our rivals, we’d won it many times? Brazil have been World Champions on five occasions, Germany four, and Italy four. Most England fans would be “over the moon” if they could boast a similarly glorious record. They’re wrong. I believe it’s wonderful that we’ve only triumphed once. We all share that one single powerful memory. Sometimes in life less is definitely more.

Something extraordinary has happened. Few of us are even old enough to remember, but somehow, we all know everything that happened that day. Even if you care little about the beautiful game, I’m going to bet that you can recall as many as five iconic moments from 50 years ago. You will have clearly in your mind the BBC commentator Kenneth Wolstenholme’s famous lines, as Geoff Hurst tore down the pitch to score his hat-trick: “Some people are on the pitch. They think it’s all over. It is now”. And it was. 4 - 2 to England against West Germany. Thirty minutes earlier the Germans had equalised in the dying moments of the second half to take the game to extra time.

More drama we all share: Geoff Hurst’s second goal. Or the goal that wasn’t, as technology has since, I think, conclusively proved. The shot that crashed off the cross bar and did or didn’t cross the line. Of course, even if you weren’t alive at the time, you will know that the linesman, one Tofiq Bakhramov, from Azerbaijan (often incorrectly referred to as “Russian”) could speak not a word of English, signalled it as a goal.

Then there’s the England Captain, the oh-so-young and handsome Bobby Moore. The very embodiment of the era. You can picture him now wiping his muddy hands on his white shorts before he shakes hands with a youthful Queen Elizabeth. Later you see him lifted aloft by his team mates holding the small golden Jules Rimet trophy.

How incredible, how simply marvellous that as a nation we share such golden memories. How sad for the Brazilians and Germans. Their more numerous triumphs are dissipated through the generations. In those countries each generation will remember each victory but not with the intensity with which we English still celebrate 1966. It’s as if sex was best the first time. The first cut is the deepest.

On Colin’s dad’s TV the pictures were black and white and so were the flags. Recently I looked at the full colour Pathe newsreel of the game. It’s the red, white and blue of the Union Jack that dominates. The red cross of Saint George didn’t really come into prominence until the Nineties. The left don’t like flags much, unless they’re “deepest red”. Certainly not the Union Flag. It smacks of imperialism perhaps. In 1966 we didn’t seem to know if we were English or British. Maybe there was, and still is, something admirable and casual about not knowing who we are or what is our proper flag. 

Twelve years later I’m in Cuba at the “World Festival of Youth” – the only occasion I’ve represented my country. It was my chance to march into a stadium under my nation’s flag. Sadly, it never happened as my fellow delegates argued for hours over what, if any, flag we British should walk behind. The delegation leaders – you will have heard of them now, but they were young and unknown then – Peter Mandelson, Trevor Phillips and Charles Clarke, had to find a way out of this impasse. In the end, each delegation walked into the stadium behind their flag, except the British. Poor Mandelson stood alone for hours holding Union Jack, sweltering in the tropical sun. No other country seemed to have a problem with their flag. I guess theirs speak of revolution; ours of colonialism.

On Saturday 30 July BBC Radio 2 will commemorate the 50th anniversary of the 1966 World Cup Final, live from Wembley Arena. Such a celebration is only possible because on 16 occasions we failed to win that trophy. Let’s banish this idea of “Fifty years of hurt” once and for all and embrace the joy of only winning once.

Phil Jones edits the Jeremy Vine Show on BBC Radio 2. On Saturday 30 July the station celebrates the 50th anniversary of the 1966 World Cup Final live from Wembley Arena, telling the story of football’s most famous match, minute by minuteTickets are available from: www.wc66.org