activity, alarm, allowance, appeal, assessment, Atos, benefit, campaign, coverage, death, Department, disabled, disrupt, distress, DWP, employment, ESA, fit for work, FOI, freedom, harass, Iain Duncan Smith, IB, Incapacity, information, Information Commissioner, Jobseeker's Allowance, outrage, Pensions, press, public, public interest, public order act, related, Samuel Miller, sick, support, vexatious, work
The Department for Work and Pensions has turned down my Freedom of Information request on the number of people who have died while going through the Atos benefit assessment process, or shortly afterwards – claiming that I am harassing officials with a co-ordinated, web-based campaign to disrupt the organisation.
I know what you’re thinking. You’re thinking, “They’re having a laugh, aren’t they?”
My request was for the department to provide the number of Incapacity Benefit and Employment and Support Allowance claimants who have died in 2012. Please break that figure down into the following categories:
- Those who are in the assessment phase
- Those who were found fit for work
- Those who were placed in the work-related activity group
- Those who were placed in the support group
- Those who have an appeal pending
I stated that I was aware that the DWP came under criticism last year because it did not follow up on the conditions of people who had been found fit for work and signed off the benefit, and said I hoped this had been rectified and follow-up checks carried out, so details of
- Former ESA/IB claimants who have died after being put onto Jobseekers’ Allowance, and
- Former ISA/IB claimants who were taken off benefit but put onto no other means of support, and the number of these who have died
could be provided.
Here’s the response. Read it and weep:
“Upon considering your request I consider it to be vexatious in nature and therefore under section 14(1) of the Freedom of Information Act the Department is under no duty to answer your request.
“To be a vexatious request the Information Commissioner’s guidance notes that we should consider, amongst other things:
- whether compliance would create a significant burden in terms of expense and distraction
- whether the request has the effect of harassing DWP or causing distress to staff.
“On your website where you share information about the request you have raised with other people, you have stated “I have therefore, today, sent a Freedom of Information request to the DWP … I strongly urge you to do the same. There is strength in numbers”. With this as the stated aim of the exercise I believe your request is designed to harass DWP in the belief that encouraging others to repeat a request which they know has already been raised will affect the outcome of that request.
“Compliance with multiple repetitions of a known request also causes a burden, both in terms of costs and diverting staff away from other work, due to the significant time required to administer these requests.
“The ICO also advises that if a public authority has reason to believe that several different requesters are acting in concert as part of a campaign to disrupt the organisation by virtue of the sheer weight of FOIA requests being submitted, then it may take this into account when determining whether any of those requests are vexatious.
“As your request is part of a website based campaign I consider that it meets the above criteria and therefore is vexatious in nature.”
Readers may remember I sent my request after a previous attempt by Samuel Miller had failed. His request did not succeed because he was a single individual the officials thought they could push around – now mine has failed because they say I’m acting mob-handed and they think I’m trying to push them around!
In other words, they’re trying to have it both ways.
If I recall correctly, they refused Mr Miller’s request on the spurious argument that the previous FOI request – for which he was requesting an update – was a one-off. This was clearly nonsense.
We all know that it is in the public interest to know how many people are dying as a result of government policy. The DWP certainly knows it because of the reaction the information received when it last became public knowledge – press coverage and public outrage. Therefore there is no justification for any argument that it has not monitored these figures. Any claim that it has not had reason to monitor deaths after people were thrown off the benefit may also be rejected because of the strong public reaction against the Department for failing to provide this information last year.
Now they are rejecting my request on the specious argument that I am harassing them by the strength of my numbers… My number being exactly one. I have not organised anybody else into doing anything; I merely suggested that if the DWP refuses to answer a lone voice, it may pay more attention if others make the same request.
I find it extremely interesting to note that DWP officials are monitoring my blog. I made no mention of it in my email to them. Some might find that sinister.
I take issue with the claim that “harassment” of the DWP is “the stated aim of the exercise”. The stated aim was for the DWP to release its figures on the number of people who have died, either while going through the assessment process for IB or ESA, or afterwards – as stated in the FOI request. The suggestion that others might wish to do likewise was clearly an afterthought.
I dispute the claim that compliance with multiple repetitions of a known request causes a burden in terms of costs and staff time. In the Internet age, only one response to a request needs to be written; it can then be sent to multiple recipients at no cost in money or time, as readers of my blog are aware after receiving identical messages in response to correspondence they have sent on other matters. In any case, this is beside the point as the comment about compliance with multiple requests is irrelevant. I had no reason to expect that anyone would follow my lead when I put in my own request – it was a single request for information and any suggestion that it was part of an orchestrated campaign of harassment is paranoid hysteria.
Furthermore, it distracts from the fact that there was no reason to refuse the original request by Mr Miller. If the DWP had simply answered his questions, there would have been no reason for my request or any of the many others the department seems to be claiming it has received (for which I have no proof other than the vague implication that this is the case).
Bear in mind that this is the same government department that accused a disabled woman of harassment, alarm or distress under Section 5 of the Public Order Act, against everybody working for it – and sent the police around to her Cardiff flat, just before midnight on a Friday night last year, to put the frighteners on her. They are well-acquainted with the practice of turning the facts upside down. Just who was being harassed, again?
This leaves us with the impression that the Department for Work and Pensions will do anything to withhold the figures on the number of deaths caused by its policies.
It seems unlikely that a government department would go to such lengths unless those figures reveal a serious problem with the policy; therefore we may reasonably suspect that the number of deaths has increased, perhaps dramatically.
In turn, considering that we know ministers, the Secretary of State (Vox‘s Monster of the Year 2012 – Iain Duncan Smith), and the Prime Minister have all been warned that the assessment system they have brought in (admittedly inherited from Labour but altered under the Coalition) – and all have refused to instigate changes to make it more humane – it seems possible that a legal case for corporate manslaughter of the many thousands who have died could be made – IF the current figures were made available.
This means that its own actions have put the DWP, its officials and ministers, precisely where I want them.
We all knew they were unlikely to give up the information without a struggle, and the shape of our campaign would be dictated – to a certain extent – by their response to our reasonable requests. Now we have that response, we may proceed.
… But we’ll leave our departmental interlopers guessing about exactly what we’ll be doing, I think!