Cutting red tape has cost the taxpayer billions

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accident, allowance, assessment, business, Coalition, Conservative, corruption, Department, disability, disabled, DWP, employment, ESA, government, health, Incapacity, injury, inspection, Michael Fallon, Mike Sivier, mikesivier, minister, money, Pensions, people, politics, red tape, regulation, safety, sick, social security, support, tax, taxpayer, Tories, Tory, Vox Political, welfare, work, workplace

A waste of taxpayers’ money: This is Tory business minister and twit Michael Fallon. The amount of money his ‘red tape’ cuts have cost this country mean he should be behind bars, not in front of them.

Conservative business minister Michael Fallon has announced that the Coalition government’s cuts in ‘red tape’ are saving businesses £1.5 billion every year. How wonderful for him.

What he has neglected to mention is the fact that the taxpayer will have to pick up the tab – possibly at much greater cost.

Fallon reckons the government is “stripping back unnecessary rules that restrict enterprise and act as a brake on jobs and growth”.

For example, the Coalition has:

• Removed thousands of “low risk” businesses from “unnecessary” health and safety inspections;
• Stopped “responsible” employers from being held liable for workplace accidents and injuries that are “totally outside of their control”; and
• Simplified mandatory reporting of workplace injuries.

The words in quotation marks are questionable. Who decides which businesses are “low risk”? Why would health and safety inspections by “unnecessary” in their cases? How do we know an employer is “responsible”, and why – after being labelled as such – should we believe they would not lie about whether an incident was “totally outside of their control”?

The possibilities for corruption are huge, now that the “brake” has come off.

Fortunately, it is possible to measure – very roughly – the effect of these measures; you simply look at the number of people applying for incapacity benefits.

These are people who are unable to work because of illness or injury. Counting them is not a perfect way of measuring the government’s success in cutting red tape while safeguarding employees’ health, because factors other than the workplace may be relevant in a number of cases. However, these should be seen as a minority only.

We know that, in May 2010, before the Coalition government came into office and started stripping away this “unnecessary” red tape, 28,300 ESA claims were awaiting assessment.

From the same source, we know that the number currently awaiting assessment is “just over” 700,000.

700,000!

Mr Fallon wants you to believe that none of these claims relate to his red tape cuts but the increase is simply too large to be discounted.

The lowest possible assessment rate of ESA (the amount they receive before their claim has been assessed) is £51.85 per week. Even if all claimants were receiving this, that’s a cost of £36,295,000 to the government, per week. The taxpayer pays that bill.

Over a year, it adds up to £13,247,675,000.

That’s at the assessment rate. Now, some of these may be knocked off-benefit after assessment – but this process, itself, costs money. It costs £311 per claim, according to the most recent official source available to this blog at the time of writing. Clearing the backlog would therefore cost £217,700,000.

This means the cost of assessing the 700,000 claims that have mounted up during the years of Conservative-led, red-tape-cutting Coalition government totals a vertiginous £13,465,375,000.

That’s almost nine times as much as Fallon thinks is being saved – spent on ESA assessments alone!

What a waste of taxpayers’ money.

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Government assessment delays are causing deaths – are ministers trying to shift blame?

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Annette Francis, assessment, BBC, benefit, blame, committee, company, Conservative, contempt, death, delay, Department, die, disability, Disability Living Allowance, disabled, DLA, government, health, Iain Duncan Smith, Liverpool Echo, Mike Penning, Mike Sivier, mikesivier, minister, Parliament, Pensions, people, Personal Independence Payment, PIP, politics, private, profit, public, Question Time, sector, service, Sheila Gilmore, sick, social security, Tories, Tory, Vox Political, WCA, welfare, work, work capability assessment

He knows he’s in trouble: Mike Penning, staring down the hole in his claims about Atos.

The Liverpool Echo has reported the death of a woman who had been ordered to claim the new Personal Independence Payment – and was then denied any benefit payments for six months.

At the same time, we have learnt that disabilities minister Mike Penning has been caught giving false evidence to a Parliamentary committee on the way contracts for the assessment of disability benefits have been awarded.

The two are not unconnected, it seems.

Annette Francis was found dead at her home in Garston on May 22. She had been suffering severe mental illness but had not received a single penny of disability benefit for six months, since the Department for Work and Pensions had stopped her claim for Disability Living Allowance and told her to apply for PIP.

She did so – but was still waiting for her first payment at the time of her death. She leaves an 11-year-old son, who is currently in the care of his great-aunt.

Problems with the private companies that carry out work capability assessments for benefits including PIP and Employment and Support Allowance (ESA) were discussed with disabilities minister Mike Penning in December last year – right around the time Ms Francis’s DLA was being cut off.

He told the Commons Work and Pensions Committee that problems with the firm carrying out the assessments – Atos – were created because it was not possible to make a profit on the contract it signed with the previous Labour government.

He said: “We are picking up the mess behind that.”

If he was telling the truth, he didn’t pick it up quickly enough. But it seems more likely that he was lying.

According to Sheila Gilmore, a Labour MP who sits on the Work and Pensions committee, “he is not entitled to access advice given to the previous Government on the assumptions Atos made as part of their tender”. In that case, he could not possibly have been aware of the terms under which Atos was employed by Labour and was therefore lying to his fellow MPs.

Readers of this blog know that – unless rectified by a timely apology and correction – this is an offence for which any MP may be expelled.

So we are left to ask which situation is worse – one in which a woman has died because a private company carrying out a public service was upset that it couldn’t make a profit, or one in which she died because the same public service has been unforgivably delayed while the private company and the government have been arguing about how much profit it should make?

Either way, unless Penning gets his apology and correction sorted out quickly, he should be booted out of Parliament in disgrace.

His boss is Iain Duncan Smith, who will be appearing on the BBC’s Question Time on Thursday. Do you think this will get a mention?

Neither do I.

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Is it wise to combat Islamic extremism in schools by sending in Tory extremists Theresa May and Michael Gove?

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advertising, advisor, assembly, assessment, association, benefit, Bible, Birmingham, Christianity, Conservative, correspondence, disability, expression, extremism, extremist, fair, family, forced labour, foreseeable, Free, government, grind down, home, human rights, Incapacity, Independent, Islam, legal aid, life, loss, Mandatory Work Activity, Michael Gove, Mike Sivier, mikesivier, morale, Muslim, overrule, people, politics, privacy, racist, replace, school, servitude, slavery, standards authority, stealth, suspicious death, take over, Theresa May, Tories, Tory, trade, trial, Trojan Horse, undermine, union, unlawful killing, van, Vox Political

Extremists: Theresa May (left) and Michael Gove. [Image: BBC.]

The alleged rift between Michael Gove and Theresa May over claims that Muslim extremists have taken over 25 Birmingham schools is bizarre.

These are government ministers who most closely share the extremist attitudes that the ‘Trojan Horse’ school governors are said to have; their methods are the same, even if their aims are different.

Consider this. The claims made about the Birmingham school are that:

• A ‘Trojan Horse’ (stealth) takeover of schools in Birmingham, by Islamic extremists, has taken place.
• Governors were installed who undermined and then replaced school leaders with staff who would be more sympathetic to their agenda.
• Boys and girls have been separated.
• Assemblies put forward extremist Islamic views.
• Other religions are downgraded.

Now let’s look at Theresa May, who:

• Took part in a backdoor (stealth) takeover of the UK government after the Conservative Party failed to win a majority in the 2010 general election.
• Wants to repeal the Human Rights Act as it protects UK citizens against some of her favourite policies:

The duty to refrain from unlawful killing, investigate suspicious deaths and prevent foreseeable loss of life runs against the results of the Coalition’s changes to incapacity/disability benefit assessment which led to the unnecessary deaths of 73 people per week between January and November 2011.

The prohibition of slavery, servitude and forced labour is contrary to the government’s mandatory work activity schemes.

The right to a fair trial contradicts the changes the government has been making to Legal Aid.

The right to respect for one’s privacy, family life, home and correspondence runs against the “snooper’s charter” that Mrs May wished to impose.

And so on. The Tories would dearly love to remove your rights to freedom of expression and freedom of assembly and association, as that means they could outlaw this blog and abolish trade unions.

• Authorised a plan to use a fleet of advertising vans telling illegal immigrants to “go home”, which split the London communities in which they were used and led to false accusations against British citizens.
• The phrase “go home” on the vans attracted criticism from the Advertising Standards Authority as it was a reminder of an extremist racist slogan.

And Michael Gove:

• Took part in the backdoor (stealth) takeover of the UK government.
• Has imposed an army of independent advisors on his education department, to overrule the opinions of expert civil servants, grind down their morale and force them out of their jobs.
• Planned to give a Bible to every state school in the country, clearly implying an intention to assert the supremacy of Christianity over every other religion practised in the UK, with others downgraded.

They’re all as bad as each other.

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The PIP assessment hoax shows we could believe any claim about our corrupt government

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allowance, Andrew Lansley, assessment, Atos, benefit, claim, competition, Conservative, corrupt, death, Department, descriptor, disability, disabled, Disabled People Against Cuts, DPAC, DWP, employment, ESA, false, government, health, hoax, Iain Duncan Smith, illegal, Incapacity, inept, lie, Lord Freud, Mandatory Work Activity, Mike Sivier, mikesivier, mislead, mortality, National Health Service, negative resolution, NHS, Parliament, Pensions, people, Personal Independence Payment, PIP, politics, rate, regulation, sick, social security, statistic, support, Tories, Tory, treacher, underhand, Vox Political, WCA, welfare, work, work capability assessment, Workfare

[Image: Getty Images]

It seems some of your favourite bloggers – including Yr Obdt Srvt – have been hoodwinked by a hoax claim that assessment criteria for the new Personal Independence Payment have been made much more severe than has been the case until now.

If you were distressed by this article, please be reassured that – from what has been said over the last few hours – it is not accurate.

Vox Political only published the claims because they came here via a colleague of good character who in turn received it from a trustworthy source. There were telltale signs that it was a wrong ‘un – for example the fact that the story is based on unsubstantiated information allegedly provided by an anonymous Atos employee to an equally anonymous source – but here at VP it was felt that the possibility of another DWP betrayal merited a mention.

Much of the hoax article focused on the descriptors used to define the effects of their disabilities on a claimant. These are defined by regulations that can only be changed by Parliament (although not by an Act of Parliament, if I understand correctly) and that should have been evidence enough that the claims were false.

But we know that Iain Duncan Smith, Lord Freud and the other vipers infesting the Department for Work and Pensions like to change the conditions in which people receive benefit – especially if it helps them reach their savings targets. This goes for the rest of the Conservative-led government too; they hide information from us.

Look at the ‘negative resolution’ the government introduced last year, to open England’s health service to widespread competition. This happened after the Conservatives (Andrew Lansley in particular) promised on their honour that they would do no such thing. Their plan was that the new rules would not be discussed, and there would be no vote; instead they would automatically become law. How could any of us know whether the government was planning more of the same?

Let us decide, for the moment, that this was a hoax. Some commentators have suggested that it has been planted by fifth columnists working for the government but claiming to be acting for the people, in order to bring other, more substantial criticisms of DWP policies into disrepute. This seems unlikely.

Instead, it shows us that the policies put forward over the last four years by Mr Duncan Smith and his colleagues, together with the way they have been implemented, have shown ineptitude, underhandedness and treachery of such magnitude that people now believe they are capable of anything at all – even the bizarre and contradictory changes that were publicised yesterday.

This is the government department that changed the assessment rules for Employment and Support Allowance to such a degree that the death rate for people claiming the benefit rocketed. Iain Duncan Smith’s solution: Stop publishing mortality statistics for people claiming incapacity benefits.

This is the government department that, faced with a court ruling that its rules for mandatory work activity were illegal, simply changed the law in order to legalise them. This act alone made the Coalition government a criminal regime.

This is the government department whose behaviour shows only one area of consistency – continually making false or misleading claims about its work. Take a look at DPAC’s excellent Report on DWP Abuse of Statistics from June last year for no less than 35 examples of this.

When you are discussing liars it is easy to believe lies about them.

This is why it will be hard to believe any attempt by the DWP to discredit its critics on the basis of this single hoax.

If Iain Duncan Smith wants us to believe him, why doesn’t he give us those ESA death stats we’ve wanted for so long?

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More room for rich foreigners as government cuts Disabled Students Allowance

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allowance, assessment, benefit, complex, computer, david willetts, disability, Disability Living Allowance, Disability Practitioners, disabled, Disabled Students Allowance, DLA, DSA, dyslexia, employment, ESA, government, ILF, independent living fund, learning mentor, Mike Sivier, mikesivier, minister, NADP, National Association, non-specialist, note-taker, Paddy Turner, people, Personal Independence Payment, PIP, politics, Remploy, specialist accommodation, support, The Guardian, universities, university, Vox Political

Some readers may find the above headline a bit strong, but please be assured – this is what it means.

Vox Political became aware of this story in two contrasting ways, as follows.

Firstly, from The Guardian: “From September 2015 [the government] will only pay for support for students with specific learning difficulties, such as dyslexia, if their needs are ‘complex’, although the definition of this, and who decides it, remains unclear.

“It will no longer pay for standard computers for disabled students, or for much of the higher specification IT it now subsidises.

“And it will no longer fund non-specialist help, likely to include note-takers and learning mentors. The costs of specialist accommodation will be met only in exceptional circumstances.”

Paddy Turner, of the National Association of Disability Practitioners (NADP) is quoted: “This is going to have a disastrous effect on students with specific learning difficulties because it looks very clear that [universities minister David Willetts] is trying to remove them from the DSA. It looks like a knee-jerk reaction to recent reports that specific learning difficulties and dyslexia aren’t really disabilities at all.”

Secondly, please read the following, from Vox Political reader Karlie Marvel, who has a relative with MS: “They are axing the disabled student allowance. The amount of funding for DSA is relatively tiny.”

I’ve been completely staggered by what I have discovered to be going on… Surely, the benefit to the economy of helping disabled students towards being able to contribute fully to society, rather than being left on the sidelines because of penny-pinching, is greater than the cost of a short period of support whilst they train?

“But I can’t say I’m surprised really.

“No education…

“Struggle to find work…

“No benefits…

“Die.

“Coalition government 2014. I’m feeling very bleak, Mr Vox.”

Who can blame her? Yet again, our government of couldn’t-care-less millionaires is cutting support to the very people they should be working hardest to help – the vulnerable disabled who cannot make it on their own.

They have rigged benefit assessments to make claiming as stressful as possible for people who can be killed by anxiety.

They have closed most of the Remploy factories that employed disabled people.

They are closing down the Independent Living Fund (ILF), that delivers financial support to disabled people so they can choose to live in their communities rather than in residential care.

Now this.

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Why is Labour always offering too little, too late?

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abuse, advisor, allowance, Andrew Lansley, assessment, BBC, benefit, Britain, build, business rate, cap, childcare, Coalition, Conservative, David Axelrod, Democrat, Ed Miliband, election, electricity, employment, energy, ESA, gas, home, house, housing, Income Tax, job guarantee, Labour, Lib Dem, Liberal, living, make work pay, migrant, minimum, National Health Service, NHS, price freeze, prosper, rent, rent cap, support, Tories, Tory, toxic, transform, wage, work, zero hour contract

Announcement or admission: Labour’s announcement, as it appeared on Facebook.

A future Labour government would cap rent increases, the party has announced – around a year and a half late.

The Coalition government has chosen to keep Housing Benefit down by making it the first payment to be reduced as part of the benefit cap, and Labour’s announcement should rightly be seen as a response to this.

But the benefit cap was announced in the mists of history, back in 2012 or thereabouts, so why has Labour only just got around to telling us its counter-proposal? The rest of us were screaming it from the rooftops at the time.

Coming so late, it seems less that this policy has been announced, and more that it has been admitted.

Perhaps this is the influence of new election advisor David Axelrod, and maybe it signals the start of regular announcements in the run-up to the general election next year. If so, this would go some way towards saving Ed Miliband’s blushes.

Certainly today we were presented with a 10-step ‘cost of living’ contract, stuffed with promises Labour has made to help beleaguered consumers keep prices down – and these are (mostly) good steps.

First is the popular scheme to freeze gas and electricity bills while the energy market is reformed.

Then there’s Labour’s plan to have 200,000 new homes built every year by 2020, relieving the housing shortage and lowering the cost of a new home.

Next comes the rent cap, plus a pledge to help families that rent plan for the future with new, long-term, predictable tenancies.

There’s the pledge to cut income tax with a 10p starting tax rate. This may be seen as an admission that Labour’s decision to end the original 10p tax rate (even though I seem to recall it was intended to be temporary) was a mistake. But isn’t it better to admit our mistakes, put them right, and move on? The plan to restore the 50p top rate has been lambasted by posh Tories and business executives, who say it won’t achieve anything (they would, wouldn’t they?) but is a good symbolic gesture.

Fifth is a pledge to ban zero-hour contracts altogether. This may seem problematic, as the evidence shows that there are working people who benefit from these contracts’ flexibility. The trouble is that unscrupulous firms were using these contracts to exploit workers who deserved better from them. Labour’s attitude – that these firms will have to manage without them if they won’t use them properly – is a bit ‘nannyish’ but makes a strong point.

Then comes Labour’s pledge to “Make work pay”. Some may criticise the use of words that have been tainted by Conservative spin. The Tories want you to believe that they’ll “make work pay” by cutting out-of-work and in-work benefits, but we all know that this won’t make anybody better-off; quite the opposite. Labour’s idea is to boost the minimum wage and encourage firms that are able, to increase their pay rates to the Living Wage, cutting the benefit bill that way.

Seventh is a little-known plan to cut business rates and make banks lend to small businesses (at least, that’s the only interpretation of “reforming the banks” that makes any sense in this context).

There’s a pledge to give working parents 25 hours’ free childcare (presumably this is per week) for kids aged three and four, and one to tackle abuses of immigrant workers by banning recruitment agencies that only hire people from abroad and pushing Europe for stronger controls. This would present problems for the Conservative-run NHS, as the BBC News has just announced that it is recruiting heavily from Portugal!

Finally we have the weakest promise – the job guarantee for the young unemployed, coupled with more apprenticeships. This has been met with opposition from the very people who were expected to welcome it, as it seems nobody outside the Labour front bench believes it has the remotest chance of success.

Unmentioned is Labour’s plan to change the assessment system for sickness and disability benefit ESA, which earned instant toxicity because it sports only cosmetic differences from the current Conservative scheme that has been fatal for thousands. The plan was announced at around the same time as a Labour inquiry into these benefits called for preventative investment that the party leadership is unwilling to countenance, and a group of mostly-disabled people called Spartacus provided a far more enlightening overview of the problems with the benefit, and the steps needed to remedy them, that clashed with what Labour is saying.

More concerning still is the fact that all of these measures are responses to Coalition policies that have harmed people during the course of this Parliament – or situations that the Tories and Tory Democrats have allowed to continue because they support the overall plan.

Where is the inspiration to transform Britain and return prosperity to everybody, rather than limiting it to people who own smart suits and big houses? When can we expect a hint that this is coming?

Unless you are one of the aforementioned people with smart suits and big houses, the Conservatives sidled into government with a plan to diddle you out of as many of your Parliament-supported rights, privileges and benefits as they could possibly fit into a five-year term in office, all the while telling you it was for your own good.

As you can tell from today’s previous Vox Political article, that has gone astonishingly well for them.

Of course, the Tories didn’t announce this plan, because they knew it would turn the electorate away in their millions – the classic example of this in practice is the way Andrew Lansley was forbidden from mentioning his privatisation plan for the National Health Service, as this would be toxic to the Tory election campaign.

But times have changed. People are suffering. They need Labour to offer something more than a promise to rub ointment on their wounds.

They want to see Labour turn the tables on the Tories. And they want to know how that’s to be achieved.

Saying Labour will “transform Britain” won’t work as we’ve all heard about such miraculous transformations before, and they have always benefited the suit-and-house people.

So come on, Ed.

When can we have it?

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Case proven? Government stays away from benefit deaths tribunal

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abusive, aggressive, allowance, assessment, BBC, benefit, benefits, Blackadder, campaign, co-ordinated, Coalition, commenter, complaint, Conservative, dead, dead letter, death, Democrat, Department, die, disability, disabled, disrupt, distress, double standard, DWP, employment, ESA, figure, FOI, Freedom of Information, government, harassment, harm, health, ICO, ill, Incapacity Benefit, Information Commissioner, Jonathan Ross, language, Liberal, Mike Sivier, mikesivier, mortality, number, obsessive, Pensions, people, politics, protracted, Russell Brand, Samuel Miller, serious purpose, sick, social security, statistic, support, Tories, Tory, tribunal, vexatious, Vox Political, WCA, welfare, work, work capability assessment

Seen to be done: The tribunal took place at the Law Courts in Cardiff (pictured), in public – which allowed friends of Vox Political to hear the case.

The Information Commissioner’s Office and the Department for Work and Pensions have highlighted the weakness of their own case for hiding the number of people who have died while claiming sickness and disability benefits – by failing to turn up at a tribunal on the subject.

They had the opportunity to explain why mortality statistics for people claiming Employment and Support Allowance since November 2011 have been suppressed, at a tribunal in the Law Courts, Cardiff, yesterday (April 23).

But, rather than be grilled on the reasons for their decision by a judge, a specialist in this area of law, and a ‘lay’ person (representing the opinions of right-thinking members of the public), they chose to stay away.

The tribunal had been requested by Vox Political‘s Mike Sivier, after he made a Freedom of Information request for access to the information – and it was refused on the grounds that it was “vexatious”.

The Department for Work and Pensions said he had written an article about his request on the blog, containing the line, “I strongly urge you to do the same. There is strength in numbers.” According to the DWP, this line constituted a co-ordinated, obsessive and protracted campaign of harassment against the department.

One line in a blog article, added as an afterthought – an obsessive campaign designed to “disrupt” the workings of the DWP. It’s ludicrous.

The DWP claimed it had received 23 requests that were similar or identical to Mike’s, in the days following his own, and inferred from this that they were from other members of this fictional campaign. Mike has only been able to track down evidence of seven such requests and, of them, only one mentions him by name. Without a tangible connection to Mike or Vox Political, the case is not made out – and one connected request does not constitute a campaign.

In fact, Mike’s own request was made after he read that a previous request had been refused – that of disability researcher and campaigner Samuel Miller. Mr Miller had published this fact in the social media and expressed that he was “furious” about it, and this inspired Mike to write his own request. Who knows how many other people did the same in response to Mr Miller? Yet he has (rightly) not been accused of starting any conspiracy.

Mr Miller’s original request has now received a reply, after the Information Commissioner’s office ruled that it had been mishandled by the DWP. This reply contained the wrong information and Mike urged Mr Miller to point this out. Clearly Mr Miller’s claim is not being treated as vexatious, even though it has inspired others to follow his example – as Mike’s article shows that he did. The contrast in treatment betrays a clear double-standard at the DWP (and the Information Commissioner’s office, after appeals were made to it in both cases).

Perhaps it is because of this fatal flaw in their logic that neither the ICO nor the DWP saw fit to send representatives to the tribunal. This left the floor free for Mike to make his own case, with nobody to speak against him or cross-examine him. Tribunal members asked questions, but these were entirely helpful in nature – allowing Mike to clarify or expand on his argument.

So the claim that the number of similar requests, received soon after the blog article appeared, indicated a campaign against the DWP was refuted with the simple observation that the subject was of topical interest at the time, because of what had happened to Mr Miller. Mike said an appropriate comparison would be with complaints to the BBC over the now-infamous radio show involving Jonathan Ross and Russell Brand. The corporation received only a couple of complaints from people who listened to the show at the time, followed by thousands from people who heard about it later. Mike asked: “Were all those thousands of complaints vexatious in nature? Were they the result of organised campaigns against Messrs Ross and Brand? Or were they genuine expressions of horror at behaviour they considered to have gone beyond the pale? The BBC accepted the latter choice because logic mitigates in its favour.”

The claim that abusive or aggressive language exhibited by blog commenters indicated harassment that was likely to cause distress to members of the DWP was batted away with the argument that nobody from the department would have seen it if they had not gone looking for it (after reading the FOI request from a Vox Political reader who referenced the blog).

Mike said it would be “like a social landlord gatecrashing a residents’ association meeting, listening to the grievances of the tenants and then saying they are harassing him and he’s not going to service any of their requests for repairs. That is not reasonable”.

The DWP had claimed that actioning the 24 requests it insisted on connecting with Mike’s “could impose a burden in terms of time and resources, distracting the DWP from its main functions”, but Mike showed that this was not true, as an email to the ICO, dated October 21, 2013, makes clear: “We can confirm that the Department does hold, and could provide within the cost limit, some of the information requested.”

Nevertheless, the ICO had upheld the claim, saying on November 27, 2013: “For the DWP to respond to all of the requests, it is not simply a matter of sending an email to 24 people. There is a requirement to collate the information, consider exemptions under the Act which may apply, provide a formal response and then, if necessary refer the decision to an internal review…. The Commissioner considers that 24 requests on the same topic in a few days could represent… a disproportionate use of the FOIA.”

In his speech to the tribunal, Mike responded: “It is reminiscent of the line in the TV sitcom Blackadder The Third, when the title character, butler to the Prince Regent in Georgian times, demands a fortune in order to buy votes in a by-election for a ‘tupenny-ha’penny place’. Challenged on the amount, he responds: ‘There are many other factors to be considered: Stamp duty, window tax, swamp insurance, hen food, dog biscuits, cow ointment – the expenses are endless.’” He said the ICO’s claim “smacks of desperation”.

One aspect that worked in Mike’s favour from the start was the fact that both the DWP and the ICO have accepted that there is a serious purpose to his request – publication of figures showing how many people have died while claiming ESA. This is important because the assessment regime for this benefit has been heavily criticised as harmful to claimants and the government has claimed that it has made changes to decrease any such effect. The only way the public can judge whether this has worked, or whether more must be done to prevent unnecessary deaths, is by examining the mortality statistics, but these have been withheld. This is the matter at the heart of the request and the fact that the ICO and DWP acknowledge this is a major element in Mike’s favour.

Perhaps realising this, the ICO tried to claim that the intention was changed by the volume of requests submitted: “The purpose of the totality of the requests as a whole may have gone beyond the point of simply obtaining the information requested and may now be intended to disrupt the main functions of the DWP.”

It is not reasonable to suggest that the purpose of an action changes, just because other people carry out the same action within a similar time-frame. Mike put it this way: “Millions of people make a cup of tea in the advertising break after Coronation Street; would the Information Commissioner suggest that this was a campaign to overload the national grid?”

With nobody on hand to provide the ICO/DWP side of the case, the hearing ended at around midday, after Mike had been speaking for two hours. He was grateful to be supported by his McKenzie friend, Glynis Millward, who provided help and advice, and by a group of Vox Political readers who attended to hear the case.

Now the bad news: No decision was handed down on the day. The tribunal judge explained that the panel must now think about the issues raised and discuss their findings. He said they would aim to provide a full, written decision within 21 days.

It is interesting to note that Mr Miller has acted on Mike’s advice and has been advised that a revised response to his request should be with him soon.

If this response contains updated information under the same headings as the original ‘ad hoc’ statistical release provided by the DWP in July 2012 (and from which we derived the 73-deaths-per-week figure that shocked so many people at the time), then a decision by the tribunal to release the same information may seem redundant. In fact, it is possible that the DWP may provide the information to Mr Miller, simply to spite Mike.

But this would be yet another misunderstanding of what this case is about. Mike doesn’t care who gets the mortality statistics first; for him, it is not about who gets to say they were the one who forced the government into submission – this is about getting the information out to the public, so the people can decide whether ESA does more harm than good.

The tribunal’s decision will still be important as it will establish whether the DWP – and other government departments – will be able to manipulate the principles behind the Freedom of Information Act to avoid providing politically inconvenient information in the future.

In Mike’s opinion, a decision in the government’s favour would effectively turn the Act into a dead letter.

So – for now – the long wait continues.

But it is nearly over.

Follow me on Twitter: @MidWalesMike

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Freedom of Information tribunal on benefit deaths – April 23

Tags

allowance, assessment, benefit, benefits, campaign, dead, death, Department, die, DWP, employment, ESA, fit for work, FOI, Freedom of Information, Group, harassment, IB, ICO, Incapacity Benefit, Information Commissioner, judge, Mike Sivier, mikesivier, mortality, Pensions, Reform, support, tribunal, vexatious, Vox Political, work, work-related activity, WRA

Vox Political may seem a little quiet over the next 30 hours or so. This is because the site’s owner, Mike Sivier (that’s me), will be travelling to Cardiff to take the Information Commissioner and the Department for Work and Pensions to a tribunal.

The aim is to secure the release of mortality figures – death statistics – covering people who were claiming Incapacity Benefit or Employment and Support Allowance during 2012.

Figures for later dates were not part of the Freedom of Information request that forms the basis of this action (submitted back in June 2013, nearly a year ago), so it is unlikely that these will be forthcoming. The hope is that the tribunal will judge in favour of the information being released, ensuring that further requests cannot be blocked by the DWP.

The government’s claim is that a single-sentence, off-the-cuff line at the end of a Vox Political article about the FoI request constitutes a co-ordinated, protracted and obsessive campaign of harassment against the DWP, and for that reason the request is vexatious.

It is utterly ridiculous. It brings the DWP and the Freedom of Information Act into disrepute. Yet it is enough to prevent this valuable information from being published.

It is important to have the data in the public domain, as a yardstick by which the government’s so-called ‘reforms’ to the benefit system may be judged. Between January and November 2011, 73 deaths were recorded every week, just among people in the work-related activity group of ESA and those going through the assessment process. The government does not monitor the progress of people it has marked ‘fit for work’ and thrown off-benefit altogether, and this group is four times as large as the WRAG, meaning the death toll could be anything up to five times larger than we understand at the moment.

The government has claimed that it has been implementing changes designed to make ESA serve its claimants better. An increased death rate will disprove that. Of course, a lowered death rate would support the government’s position but, if this were the case, it is logical to expect the government to have publicised it widely without any prompting.

This is why tomorrow’s tribunal is important.

People are dying every day and nothing will be done to stop it unless the severity of the situation is made clear.

Let’s all hope we get the result we need.

Follow me on Twitter: @MidWalesMike

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ESA/WCA inquiry chair: ‘Victims are NOT being sidelined’

Tags

allowance, Anne Begg, assessment, Atos, benefit, benefits, capability, Coalition, committee, Conservative, decision maker, Democrat, Department, disability, disabled, DWP, employment, ESA, government, health, IB, Incapacity Benefit, Income Support, inquiry, is, Lib Dem, Liberal, Mike Sivier, mikesivier, Parliament, Pensions, people, politics, SDA, Severe Disablement Allowance, sick, social security, support, support group, Tories, Tory, unemployment, Vox Political, WCA, welfare, work, work-related activity group, WRAG

Dame Anne Begg. [Image: BBC]

Dame Anne Begg has responded to concerns that people who submitted evidence to the Commons Work and Pensions Committee’s inquiry into Employment and Support Allowance and Work Capability Assessments were being sidelined – with a denial.

The committee’s chairperson said the call for evidence generated 190 submissions, and every single submission will be circulated to all committee members.

In addition, the committee clerk in charge of the inquiry, who will be writing the brief for committee members, has carefully read all the submissions as they have come in, she stated in an email yesterday. (March 30)

“However, in line with our practice in the past when we have received a large number of submissions describing personal experiences (such as our inquiries into the roll out of ESA and the Pensions Bill) we have taken the decision that not all of the personal submissions will be treated as ‘formal written evidence’ which is published along with our report,” she continued.

“This is because a number were very personal in nature, or didn’t address the terms of reference, while some asked for anonymity which isn’t possible in formal evidence, or included inappropriate language.

“It was made clear in our call for evidence that the committee would make the decision whether a submission would be treated as formal evidence or not. However, it is still treated as evidence – just not ‘formal written’ evidence.

“Once the formal evidence is published, you will be able to see that there are quite a number from individuals so it is simply untrue to say that all individual submissions are being ignored, suppressed or sidelined.”

Are you happy with that?

Personally, I can’t say that I am entirely convinced, as my own evidence (for example) fits the required criteria and should not be omitted from the formal evidence for the reasons Dame Anne mentioned in her email. Yet this is what has happened.

I responded, saying it is hard to give the benefit of the doubt to any Parliamentary investigation into this issue because of the mistreatment that people have suffered over the past few years.

While I would like to think that the Work and Pensions Committee, and those who work for it, will treat us all with fairness, it is only prudent to suggest that we all keep a watchful eye on proceedings, including all documentation that comes from this inquiry. If there is the slightest hint of foul play, then it will be our responsibility to raise the alarm.

Hopefully Dame Anne, the committee and its clerks have realised that their conduct is being scrutinised.

Let us hope they respond positively.

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Why are victims being sidelined by MPs’ inquiry?

Tags

allowance, assessment, Atos, benefit, benefits, capability, Coalition, committee, Conservative, decision maker, Democrat, Department, disability, disabled, DWP, employment, ESA, government, health, IB, Incapacity Benefit, Income Support, inquiry, is, Lib Dem, Liberal, Mike Sivier, mikesivier, Parliament, Pensions, people, politics, SDA, Severe Disablement Allowance, sick, social security, support, support group, Tories, Tory, unemployment, Vox Political, WCA, welfare, work, work-related activity group, WRAG

Sidelined: People like this lady have campaigned across the UK against the unfair assessment system for sickness and disability benefits. Now that they are finally getting an inquiry into this corrupt system, are their views going to be ignored? [Image: Guardian]

Here’s a disturbing email from the Commons Work and Pensions committee:

“Thank you for your submission to Work and Pensions Committee’s inquiry into Employment and Support Allowance and Work Capability Assessments.

“The Committee has received a large number of written submissions from individuals who have claimed ESA and undergone WCA, setting out their personal experiences of the process.

“Your submission, along with other similar personal testimony submissions, will be circulated to the Members of the Committee as background information to the inquiry rather than published as formal evidence.

“I know that the Committee will find submissions such as yours very helpful in their inquiry and I would therefore like to thank you for taking the time to contribute to the inquiry.”

Background information?

I smell betrayal.

I did not write a detailed description of Mrs Mike’s suffering at the hands of the Department for Work and Pensions, just so that it could be hidden away and ignored as “background information”!

Look at the committee’s original call for evidence. It was “particularly interested” to hear views on, among other things:

• Delivery of the WCA by Atos, including steps taken to improve the claimant experience
• The effectiveness of the WCA in indicating whether claimants are fit for work, especially for those claimants who have mental, progressive or fluctuating illnesses, including comparison with possible alternative models
• The ESA entitlement decision-making process
• The reconsideration and appeals process
• The impact of time-limiting contributory ESA and
• Outcomes for people determined fit for work or assigned to the Work-Related Activity Group (WRAG) or the Support Group.

The experience endured by Mrs Mike, who has both progressive and fluctuating physical conditions and mental health issues, included a humiliating work capability assessment medical examination and being pushed into the WRAG after a wrong decision by Atos/DWP. The Department failed to inform her of its decision on her appeal, and failed to act on that decision before cutting her benefit (it didn’t tell her that was going to happen either). If I had not been around to stand up for her, she might have been thrown onto the streets by now.

Is the Work and Pensions Committee no longer “particularly interested” in stories like that?

If so, what kind of inquiry are we likely to get?

A whitewash?

Dame Anne Begg chairs this committee. I’m going to contact her and see what she has to say for herself and her people.

If you have received the same communication, no doubt you’ll want some answers as well. Please let me know if you have.

It is entirely possible that there is a good reason for what I’ve been given. Until I know what it is, though, I have to suspect the worst.

If I wait for this inquiry to take place and then find we’ve all been betrayed, it will be too late.

Follow me on Twitter: @MidWalesMike

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