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Tag Archives: Dispatches

BBC confirms ‘Tory mouthpiece’ accusation with updated lies about ESA

25 Saturday Jan 2014

Posted by Mike Sivier in Benefits, Conservative Party, Disability, Employment and Support Allowance, People, Politics, UK

≈ 55 Comments

Tags

abuse, allowance, andrew dilnot, Atos, BBC, benefit, Black Triangle, Britain on the sick, Channel 4, Conservative, contempt, crime, defamation, defamatory, Department, disability, disabled, Disabled or faking it, Disabled People Against Cuts, Dispatches, DPAC, DWP, employment, error, ESA, falsehood, fit for work, hate, hatred, IB, identical, inaccuracies, inaccuracy, Incapacity Benefit, Income Support, lie, medical, mouthpiece, offense, offensive, Panorama, Pensions, report, ridicule, Severe Disablement Allowance, Sheila Gilmore, sick, sickness, statistics, story, support, Tories, Tory, uk statistics authority, UKSA, update, WCA, withdraw, work, work capability assessment


131029bbcbias

I have complained to the BBC and the UK Statistics Authority about this disgrace.

Today (January 25) the BBC published a scurrilous little screed claiming that “nearly a million people who applied for sickness benefit have been found fit for work”. Needless to say, the figures come from the Department for Work and Pensions and aren’t worth the time it took to type them in.

The story states: “The DWP claims 980,400 people – 32% of new applicants for Employment and Support Allowance – were judged capable of work between 2008 and March 2013.

“More than a million others withdrew their claims after interviews, it adds.”

It goes on to say that disability campaigners had stated that the work capability assessment tests were “ridiculously harsh and extremely unfair”, but says nothing about the fact that an almost-identical story was withdrawn last year after it was found to be riddled with inaccuracies – if not outright lies.

Even more bizarre is the fact that the story does provide the factual reason for claims being withdrawn. They “either returned to work, recovered or claimed a benefit “more appropriate to their situation”.

In other words, these people used the system in exactly the right way, yet the DWP – and the BBC – are pretending that they were trying to fiddle it in some way.

To explain what happened last year, let’s look at a letter from Sheila Gilmore MP to Andrew Dilnot, head of the UK Statistics Authority, and his response. You can find it on page 39 of the DPAC report on DWP abuse of statistics.

The letter from Sheila Gilmore states: “On 30 March 2013 an article by Patrick Hennessy entitled ‘900,000 choose to come off sickness benefit ahead of tests’ was published in the Sunday Telegraph. Please find a copy enclosed. I believe that the headline and the subsequent story are fundamentally misleading because they conflate two related but separate sets of statistics. I would be grateful if you could confirm that my interpretation of what has happened is correct.

“The sickness benefit in question is Employment and Support Allowance (ESA). People have been able to make new claims for ESA since October 2008, but those in receipt of the benefits it replaced – Incapacity Benefit, Severe Disablement Allowance, and Income Support on the grounds of disability – only started migrating across in April 2011.

“The article implied that many of this latter group were dropping their claim rather than having to go through a face-to-face assessment, with the implication that they were never really ill in the first place and had been ‘playing the system’.

“However I have checked the figures published by the Department for Work and Pensions and it would appear that the figure of 900,000 actually refers to all those who have made new claims for ESA since its introduction over four years ago, but who have since withdrawn their application before undergoing a face-to-face assessment. These people were not claiming the benefit before and generally drop out of the system for perfectly innocent reasons – often people become ill, apply as a precaution, but withdraw when they get better.

“Of the 600,000 people who have been migrated from Incapacity Benefit over the past two years, only 19,700 have dropped their claim. This is the figure that should have featured in the headline, but the 900,000 figure was used instead.”

Mr Dilnot replied: “Having reviewed the article and the relevant figures, we have concluded that these statements appear to conflate official statistics relating to new claimants of the ESA with official statistics on recipients of the incapacity
benefit (IB) who are being migrated across to the ESA.

“According to official statistics published by the Department for Work and Pensions (DWP) in January 2013, a total of 603,600 recipients of IB were referred for reassessment as part of the migration across to ESA between March 2011 and May 2012. Of these, 19,700 claims were closed prior to a work capability assessment in the period to May 2012.

“The figure of “nearly 900,000” referenced in the article appears to refer to the cumulative total of 878,300 new claims for the ESA (i.e. not pre-existing IB recipients) which were closed before undergoing assessment in the period from October 2008 to May 2012.

“In your letter, you also expressed concern about the apparent implication in the Sunday Telegraph article that claims for ESA had been dropped because the individuals were never really ill in the first place. The statistical release does not address the issue of why cases were closed in great depth, but it does point to research undertaken by DWP which suggests that ‘an important reason why ESA claims in this sample were withdrawn or closed before they were fully assessed was because the person recovered and either returned to work, or claimed a benefit more appropriate to their situation’.”

What he was saying, in his officialese way, was that the Conservatives had wrongly ‘conflated’ monthly figures into a cumulative total; they had misled the press about the figures’ significance; and the press release (which then mysteriously disappeared) ignored a clear caveat in the DWP’s own report that the reason the claims were dropped each month had nothing to do with fear of medical assessment but were because people recovered and went back to work, or else were switched to another benefit deemed more suitable to their circumstances.

Now the BBC has resurrected this story, with brand new, larger numbers that add in the totals for 2013 without telling you whether these were all new claims, or repeat claims, or a mixture; they are all treated as new.

The claim that 980,400 people had been found fit for work after medical tests – the feared Atos work capability assessments – is also extremely questionable – as the BBC well knows.

Its own Panorama programme, ‘Disabled or Faking It?’, investigated whether the DWP was knocking people off-benefit in order to hit financial targets – in essence, making people destitute in order to show a budget saving. A Channel 4 Dispatches documentary, ‘Britain on the Sick’, proved that this was happening. Both were shown at the end of July 2012.

I have complained to the BBC and to Mr Dilnot about the deeply offensive and defamatory way in which these lies have been resurrected, in order to encourage the general public to hold people who are genuinely ill in hatred, ridicule and contempt. If you believe this cause is just, go thou and do likewise.

This behaviour is even more appalling when one considers the rise and rise of hate crime against the sick and disabled.

Members of groups such as DPAC or Black Triangle may even wish to take libel action against the corporation and the DWP on the basis of this report.

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The great wage con is keeping you poor

26 Tuesday Nov 2013

Posted by Mike Sivier in Benefits, Business, Cost of living, Economy, Employment, European Union, Health, Housing, Immigration, People, Politics, Poverty, Tax, tax credits, UK, Universal Credit

≈ 22 Comments

Tags

Any Answers, BBC, benefit, benefits, Channel 4, Child Benefit, civil unrest, Coalition, con, Conservative, contract, contractor, corporation, debt, Deloitte, disease, Dispatches, economy, employ, employment, Ernst & Young, EU, european union, firm, flat rate, food, government, health, heat, holiday, housing benefit, ill, immigrant, income, KPMG, Landlord Subsidy, living wage, low income, malnourishment, mental, Mike Sivier, mikesivier, minimum wage, national insurance, parasite, part-time, pay, people, physical, politics, PricewaterhouseCoopers, private, production, rent, self-employed, sick, social security, stress, tax, tax avoidance, tax credit, Tories, Tory, trap, unemployment, Universal Credit, Vox Political, welfare, work, zero hours


minimum-wage-poverty

Is anyone else sick of employers bleating that the minimum wage is hindering their business?

They must think we’re all stupid.

A few of them were on the BBC’s Any Answers on Saturday, saying the minimum wage keeps pay down, and that people can’t afford to go to work – especially if they live in London – because their housing costs are paid by benefits. This is nonsense.

The minimum wage is exactly what it claims to be – a minimum. And if people aren’t getting up to work for it because benefits give them more, we can see that it is not enough.

But let’s take this further: We all know that Landlord Subsidy is being restricted – especially in London, where landlords charge more than in the rest of the country. This means that people on low incomes in rented homes will be unable to pay the bills and will be forced to move somewhere cheaper (if they can find it), as intended by our extreme right-wing government.

Where are all these minimum-wage employers going to find their minimum-wage workers then?

Even that isn’t the limit of it, though. We know from such sources as the summer’s excellent Dispatches documentary on Channel 4 that employers have found ways around the minimum wage.

  • They have taken people on as self-employed contractors who are paid a flat rate for a day’s work – no matter how long that work takes – and being self-employed, these people pay their own taxes and National Insurance, and get no time off for holidays or if they are ill.
  • They have taken on workers on part-time contracts, meaning reduced or non-existent holiday and sick pay entitlements – and then boosted up their hours to full-time levels with fake ‘overtime’ offers.
  • They have employed workers on zero-hours contracts, meaning they can demand an employee’s presence at any time and make them work for as long – or short – a period as required. Again, there are no tax administration obligations, NI, sickness or holiday benefits.

The result is very nice for a government of liars such as the current Westminster administration, because it seems they have managed to increase employment (in fact the last figures showed unemployment is greater than at the end of the Labour administration in 2010, but by such a small amount that it’s not worth mentioning).

Production, on the other hand, has remained flat. If more people are in work, it should have increased.

That is how we know we are looking at a con.

If more people are in work but production hasn’t gone up, we must question the incentive for this increased employment. It has already been mentioned: The lack of holiday and sick pay entitlement, National Insurance and tax admin obligations. The larger the employer, the larger the saving – but this doesn’t mean small firms aren’t feeling the benefit.

The minimum wage worker’s income is topped up by benefits – but the government is cutting these back. Landlord Subsidy in London won’t be enough for people on the kind of contracts described here to stay in their homes, and this means a consequent job loss if they have to move out of the area.

Tax credits are being removed; child benefit restricted. Universal Credit (if it ever works) will operate in real-time, adjusting benefits to ensure that low-paid workers remain in an income trap for as long as their wages remain below a certain level.

Employers reap the benefits. But even they are being conned, because this can’t last forever.

Imagine a Britain without in-work benefits but where the living wage has not been introduced nationwide (this will be a reality in a few years, under a Coalition or Conservative government). Workers on the self-employed, part-time or zero-hours contracts described here will not earn enough to survive.

Private debt will increase exponentially, leading to increased mental illness as the stress of trying to cope takes its toll on the workforce. Physical illness will increase as people cut back on heating in their homes and food in their fridges and larders. Result: malnourishment and disease.

What happens then? It’s hard to say. It may be that employers will take on increasing numbers of cheap foreign workers – but there is already resentment at the influx of immigrants from the European Union and this could lead to civil unrest.

It seems likely that the largest firms will leave these shores. If we compare them to huge parasites – and we can – then the host will have been drained almost dry and it will be time to move on and find another to treat the same way. These are the companies who have reaped huge rewards from tax avoidance, aided by the ‘Big Four’ accountancy firms – KPMG, Deloitte, PricewaterhouseCoopers and Ernst & Young – who have been writing – into British law – ways for them to get out of paying their share.

The smaller employers might keep going for a while or collapse; it depends how much their bosses save up for the inevitable crash. Deficit financing of their business will support them for a while but, if they don’t have any ideas, they’ll go under.

All because a few very greedy people just won’t pay a reasonable amount for a hard day’s work.

They get on the media, telling us they can’t afford higher wages. In that case, why are they even in business? If they need a workforce of a certain size, but cannot pay a living wage, then they simply should not bother. All they are doing, in the long run, is contributing to a monumental confidence trick that will cause immense harm to the economy and the nation’s health.

Of course, the UK did not always have in-work benefits. People used to be paid enough to make ends meet. We should be asking why that changed and who benefits. A return to that situation would benefit the country enormously – but it isn’t going to happen on the minimum wage, and it isn’t going to happen on zero-hours contracts.

It’s time to name these firms and ask bosses who employ on these terms why those contracts are necessary and why they feel justified in the damage they are causing.

And while we’re at it, it’s time to ask our MPs why they tolerate it, too.

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How much of the national debt has been faked by tax dodgers?

22 Tuesday Oct 2013

Posted by Mike Sivier in Benefits, Business, Corruption, Cost of living, Economy, Employment, People, Politics, Poverty, Public services, Tax, UK

≈ 18 Comments

Tags

accountancy, accountant, annual leave, avoid, bail out, benefit, benefits, Big 4, Channel 4, Coalition, company, Conservative, corporate, corporation, debt, Democrat, Department for Work and Pensions, Dispatches, dodge, DWP, economy, fake, financial crisis, firm, flexible, government, Interest, Labour, Lib Dem, Liberal, loophole, market, Mike Sivier, mikesivier, minimum wage, national, national insurance, offshore, overtime, packet, part-time, pay, pension, people, politics, public service, Richard Brooks, self-employed, social security, tax, tax haven, temporary, The Great Tax Robbery, Tories, Tory, Treasury, Vox Political, welfare, work


Diddled into debt: A corporate tax avoidance scam is conning workers out of decent pay and the government out of tax and NI money, after causing the financial crisis.

Diddled into debt: A corporate tax avoidance scam is conning workers out of decent pay and the government out of tax and NI money, after causing the financial crisis.

“A bank in the UK could lend, say, $1bn to a US bank… generating tax-free income in the UK but a tax deduction in the US – and then simply borrow it back. For the second leg a different instrument could be used that generated tax-free income in the US and a tax deduction in the UK. The banks had simply swapped $1bn, to no economic effect beyond two tax breaks, while quite possibly keeping any mention of the debts off either’s balance sheet. Such tricks – the creation of debt more for tax advantages than any real business need – undoubtedly contributed to huge levels of inter-bank indebtedness that triggered the financial crisis.” – Richard Brooks, The Great Tax Robbery, p86.

If you are not deeply disturbed by the implications of the above quotation, read it again until you are. Richard Brooks is saying that the major banks of the UK, the USA, and who knows how many other countries colluded to hide massive amounts of money from the tax man by claiming – falsely – that it was debt.

The financial crisis happened because the banks could not service the debt they had created – they could not even pay back the interest on it, let alone the debt itself – and so the government was forced to step in and bail them out. So now the government had not only lost the tax it was due from the bank profits that had been hidden by the dodge Mr Brooks mentions, but it had now taken on the fake debt that had been created. The taxpayer was doubly the loser.

Who pays back the debt? Not the banks. Not the large corporations that are also avoiding tax. Not the rich businessmen and women who dreamed up the tax dodges. Thanks to changes in the law and already-existing legal loopholes that have not been closed by the Coalition government, they have been able to park their ill-gotten gains in offshore tax havens, depriving the nation of the wherewithal it needs to fix the problem they created.

Now it seems the government is also being deprived of badly-needed tax money because of the way large firms are structuring their pay packets – to the disadvantage of low-paid workers. The details were in Channel 4’s Dispatches documentary, Secrets of Your Pay Packet, broadcast on October 21.

With more people in work than ever before, the UK should be getting massive amounts more in tax and National Insurance, allowing it to provide the services we expect and pay down the national deficit. But the deficit hasn’t budged. Why?

Because the new jobs are part-time, self-employed or temporary.

Self-employed contracting means you can end up working for less than the minimum wage (you’re paid a fixed daily rate for the job, not the hours it takes to do it, so if it takes a long time to get it done, your pay-per-hour diminishes proportionately – and, as you are self-employed, you’re not entitled to the minimum wage).

Conversely, if you are employed part-time, you can end up working too few hours to qualify for tax or National Insurance (so you don’t get enough credits to pay for your pension later in life and the Treasury doesn’t get the tax money it needs to pay for services and clear debts) and on a personal level you don’t work enough hours to qualify for decent holidays. The company doesn’t pay for employees going on annual leave, potentially saving tens of millions of pounds.

If you work overtime, this doesn’t count towards annual leave, of course. So you can be employed on a part-time contract for, say, three days a week, be asked to work two more days overtime (a full five-day week) and lose out on all the benefits a full-time worker would expect.

The threshold is 20 hours per week. If you work less than that, employers do not have to pay NI contributions which would cost them nearly 14 per cent of pay. So people may work all their lives but never qualify for the state pension.

This is why more people are now in work than before the recession – it’s a cheat by bosses. They’re the ones who pay your tax and NI contributions. If you’re on pay that’s below the new tax threshold, you don’t pay tax. We have the Liberal Democrats to thank for that. It seems like a good deal but in fact it isn’t.

Meanwhile the companies say that cutting down working hours has saved jobs in a hard business environment, while the number of full-time jobs is down and wages have now fallen by 12 per cent in real terms (up from nine per cent, only a few months ago).

It is cheaper for companies to employ more people on shorter hours because they pay less to the government in tax and NI. And they say the “flexible” labour market has been a boost for the country, that having a job is better than having no job, and that it will help people progress.

That is not what we see.

We see a workforce ground down by the pressure of making ends meet on part-time or zero-hours jobs, making no NI contributions, getting very few holidays, and afraid to challenge the situation because their employers can simply let them go and hire someone else from the huge 2.5-million-strong pool of the unemployed (who are desperate for jobs because the DWP fills their entire lives will bullying and threats about losing their benefits).

We see the government completely unable to cover its costs because its own tax system – written by the ‘Big 4’ accountancy firms that have been responsible for more tax avoidance schemes than any other organisations in the country – actively promotes corporate tax avoidance; and Conservative ministers are totally indifferent to the huge losses they are piling up, because it means they can cut public services, or sell them off to (again) big corporations who will then avoid paying tax on them.

And we see the rich corporates laughing all the way to the (offshore) bank yet again.

The Coalition government has tried to tell us that it must squeeze benefits for the extremely poor, and low-paid working people must work much harder, in order to pay off the debt that – no matter what ministers tell us – neither they, nor the last Labour government, created.

In fact, this has been a story of tax avoidance by the very rich. A huge scam, running for decades, and hidden from the British people.

Are you angry yet?

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Bad government: Their idea of ‘wrong’ isn’t the same as yours!

23 Tuesday Jul 2013

Posted by Mike Sivier in Benefits, Business, Conservative Party, Disability, People, Politics, Poverty, Public services, UK

≈ 14 Comments

Tags

allowance, appeal, Army, Atos, audit, benefit, benefits, Channel 4, company, death, decision, Department, Department for Work and Pensions, disability, disabled, Dispatches, DWP, employment, Employment and Support Allowance, ESA, fatal, fit for work, G4S, government, Group, health, Hitler, Incapacity Benefit, mark hoban, Mike Sivier, mikesivier, money, Olympics, Pensions, people, politics, private, public, service, sick, social security, support, tribunal, Vox Political, WCA, welfare, work, work capability assessment, work-related activity


Bad education; bad government: Another attempt at explaining the benefits system to Mark Hoban fails, despite using really BIG writing.

Bad education; bad government: Another attempt at explaining the benefits system to Mark Hoban fails, despite using really BIG writing.

This is the last article in the quartet about private organisations carrying out public duties – and the government ministers who employ them – focusing on what happens when things go wrong.

(This was delayed from yesterday because yr obdt svnt developed a splitting headache. It seems that a trip to the gym and a three-hour drive, taking a sick neighbour to get help, isn’t conducive to writing four articles in a day!)

It should be noted that, in some cases, the error is clear and a logical solution is enacted. For example, when G4S completely failed to carry out its security responsibilities at the London Olympics last year, the government cancelled the company’s contract and called in the Army to sort out the mess. This wasn’t a perfect solution as it meant leave was cancelled for many squaddies and officers, but it did at least allow the Olympics to go ahead with a reasonable amount of security.

On the other hand, we have the current situation with the DWP, Atos and the work capability assessment.

“DWP is to bring in additional providers to carry out assessments,” yesterday’s press release announced under the headline Hoban – taking action to improve the Work Capability Assessment.

The possibility that the Work Capability Assessment may be improved might fill the casual reader with joy, but the problem – for those of us in the know – is that Mark Hoban’s name is attached to it. This is a man who has admitted that he does not understand the benefit system. Why is he still being allowed to meddle with it?

Read down the release and it turns out that the government does indeed want to change the WCA – but not in any way that is meaningful to us. It seems that the paperwork accompanying decisions isn’t sufficiently robust for the Department for Work and Pensions. It seems likely Mr Hoban’s problem is that this might make it possible for more people to succeed in appeals against decisions.

The real problem is that the Work Capability Assessment regime is fatal for many thousands of people, of course. This government isn’t interested in that at all. It appears that Mr Hoban and his associates are happy to let the deaths continue – for them the main issue is that they don’t have to pay back any money to successful appellants.

The details are in the ‘more information’ section of the press release: “In April/May 2013 the DWP carried out an urgent audit of around 400 reports, following concerns raised from a previous smaller audit. This covered cases audited by Atos between October 2012 and March 2013.

“The quality of the reports produced by Atos following an assessment are graded A-C and the audit demonstrated that the number of C-grade reports was around 41 per cent between October 2012 and March 2013.”

Crucially: “A ‘C’ grade report does not mean the assessment was wrong, and the recommendation given in a ‘C’ grade report may well be correct, but, for example, their reasoning for reaching that recommendation may lack the level of detail demanded by the DWP.”

In other words, the reason provided for reaching a decision is unlikely to be strong enough to sway an appeal tribunal.

The press release says: “The Minister also announced that he has already directed Atos Healthcare to put in place a quality improvement plan following… an unacceptable reduction in the quality of written reports produced following assessments.

“Measures include retraining and re-evaluating all Atos healthcare professionals, with those not meeting the required standard continuing to have all of their work audited until they do, or have their approval to carry out assessments withdrawn by the department.”

We know from the Channel 4 Dispatches documentary last year that Atos assessors are ‘audited’ if they don’t meet their targets, which are to put around 12-13 per cent of claimants into the support group, marking around 70 per cent fit for work and putting the rest in the work-related activity group for Employment and Support Allowance (ESA).

Could it be that the Atos employees have started to lose faith in the process? Maybe they’ve seen the death figures that are being kept from the general public and have started to question whether they are doing the right thing?

In that case, what would a government do, if it wanted to continue wheeling the disabled into the charnel house? Would it not take steps to weed out the dissenters and employ other organisations to carry on the work – until such time as they too develop a moral backbone?

“I am committed to ensuring the Work Capability Assessment process is as fair and accurate as possible, with the right checks and balances to ensure the right decision is reached,” Mr Hoban is quoted as saying. For him, of course, the right decisions involve putting claimants into the three categories, in roughly the proportions described above.

“Where our audits identify any drop in quality, we act decisively to ensure providers meet our exacting quality standards.” Note that he does not define these standards. Is he hoping you make a false assumption about what they may be?

“Since 2010 we have made considerable improvements to the system we inherited from the previous government.” Perverted an already-poor scheme to suit a more sinister purpose.

“However, it’s vital we continue to improve the service to claimants, which is why we are introducing new providers to increase capacity.” To claimants? But… claimants have had no input into this process. It was a government audit that led to these changes; claimants’ wishes are routinely ignored.

“The DWP has also engaged PricewaterhouseCoopers to provide independent advice in relation to strengthening quality assurance processes across all its health and disability assessments.” Meaningless to those concerned for the safety of people being put through the process.

“Atos Healthcare have also brought in a third party to assess the quality of their audit and make recommendations for improvements.” Meaningless to those concerned for the safety of people being put through the process.

“The WCA process has a number of checks and balances built in to ensure the right decision is reached. These include:

  • “DWP Decision Makers making the final decision on claimants’ benefit entitlement. Decision Makers can – and do – reach different decisions to those recommended to them by the assessments when all the supporting information is taken into account.” The decision is changed in – what – less than 10 per cent of cases?
  • “Claimants who disagree with the outcome of their WCA can provide more medical evidence and ask the DWP to reconsider the decision.” The DWP can take as long as it wants reconsidering the decision, while the claimant’s benefits are suspended and they are left with no means of support.
  • “A claimant who disagrees with their decision can also appeal to an independent tribunal, and before any appeal the original decision is looked at again by another DWP Decision Maker.” Is this accurate? Is not more accurate to say the claimant can only appeal after going through the reconsideration process?

“This change in approach for contracting providers to carry out the assessments to be delivered on a regional basis is likely to be fully operational from summer 2014 and will provide extra capacity to help tackle waiting times,” the release continued.

Extra capacity – and in the run-up to the general election in 2015. Didn’t Hitler try to push more Jews into the gas chambers when he knew he was running out of time?

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Encouraging words about disability – masking a sinister intent?

27 Wednesday Feb 2013

Posted by Mike Sivier in Benefits, Conservative Party, Disability, Politics, Sport, UK

≈ 24 Comments

Tags

benefit, benefits, Channel 4, Coalition, Conservative, David Cameron, Department for Work and Pensions, disability, Disability Living Allowance, disabled, Dispatches, DLA, DWP, Employment and Support Allowance, ESA, games, Generation Inspired, government, Greg Mulholland, health, Incapacity Benefit, Mike Sivier, mikesivier, Paralympic, Parliament, people, PIP, politics, Tories, Tory, Vox Political, welfare


paralympians

Even when David Cameron is saying something positive, we need to look for the hidden meaning, it seems.

This week, in Comedy Prime Minister’s Questions, Mr Cameron fielded a query from Liberal Democrat Greg Mulholland about last year’s Paralympic Games. Mr Mulholland said: “We were all hugely inspired by the wonderful Paralympic Games in London last year – not only a triumph for sport but also a triumph for perceptions of disability.

“Will the Prime Minister welcome the ‘Generation Inspired’ report which is going to be presented to Downing Street today, as a great opportunity to use the legacy of this to improve the lives of young disabled people?”

On the face of it, this might seem very bright and noble – reminding us all of our paralympians’ achievements and making a commitment to keep trying to help them, so that their aspirations will not outstrip the support they receive.

But let’s all remember that this question was being put in the same week that Channel 4’s Dispatches programme aired a documentary about the disappointment that awaited our paralympians after the Games – the loss of interest, the loss of help and, crucially, the loss of benefits.

It seems that they are capable of work, you see.

Look at Mr Cameron’s response in this context.

“I thought that the Paralympic Games were an absolute triumph for Britain – the way they were put on, and also the way that the auditoria, the stadia were full for almost every single event.” On the face of it, very supportive.

But then he said: “I thought it was a great testament to the generosity of people in this country and their enthusiasm for paralympic sport, but I think the most important thing is the change in perception about what disabled people are capable of, and I think that is a real gift and something we should encourage.”

A “change in perception about what disabled people are capable of”? This is very worrying indeed. He’s saying that the performances of athletes are comparable to the abilities of other people with disabilities – many of whom struggle simply to get out of bed in the morning and get dressed!

Would he have grouped his late son together with paralympians in the same way?

It is completely unrealistic to compare the two – akin to equating a marathon runner with a 50-year-old woman with a tendency to overweight, who survives on junk food and runs a supermarket checkout all day (with apologies to any such ladies who may exist).

He thinks that’s a “real gift”? There can be only one reason for that – it’s a gift because it supports his government’s policy of clearing disabled people – real, honest, disabled people who deserve state benefits to help them survive – off the benefit books.

If the wider public perception of disabled people is that they can compete and win in Olympic sports, then that’s half Cameron’s work done for him. No wonder he said it was “something we should encourage”!

Perhaps you thought the Paralympics were excellent – and they were. Maybe you thought they struck a blow for recognition of disabled people – and they did.

But not all disabled people are the same. I’m no marathon runner – and I consider myself to be relatively fit.

But I’m not superfit. Neither are the majority of disabled people even remotely able to achieve the feats of our Paralympians.

Cameron should be ashamed of himself for trying to group them all together in this way.

At the very least, Conservatives across the UK should be ashamed of him.

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DWP/Atos/WCA: Unanswered questions demonstrate the Coalition’s cruelty

20 Sunday Jan 2013

Posted by Mike Sivier in Benefits, Conservative Party, Disability, Labour Party, Liberal Democrats, People, Politics, UK

≈ 27 Comments

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Andrew Stunell, Atos, Autin Mitchell, benefit, benefits, Channel 4, Charles Walker, Cheryl Gillan, Chris Grayling, Coalition, Conservative, Debbie Abrahams, Department for Work and Pensions, Department of Work and Pensions, disability, disabled, Dispatches, DWP, Employment and Support Allowance, ESA, esther mcvey, FactCheck, government, health, Heather Wheeler, Iain McKenzie, Ian Lavery, Ian Mearns, Jeremy LeFroy, Julie Hilling, Kevan Jones, Kevin Brennan, Labour, Liberal, Liberal Democrat, Madeleine Moon, mark hoban, Michael Meacher, Mike Sivier, mikesivier, Natascha Engel, Pamela Nash, Panorama, Parliament, people, politics, Sarah Newton, Sheila Gilmore, sick, social security, Stephen Timms, Tories, Tory, Vox Political, WCA, welfare, work capability assessment


Mark Hoban, sending even his colleagues to sleep in another Parliamentary debate.

Mark Hoban, sending even his colleagues to sleep in another Parliamentary debate.

Citizens of the United Kingdom probably take it for granted that the quality of debate in the House of Commons is usually very high (Prime Minister’s Questions being the dishonorable exception) and that all the questions raised in that place receive an answer.

How sad to see that this is a comfortable lie.

The Minister of State at the Department for Work and Pensions, Mark Hoban, directly answered only 10 questions, among the dozens that were put to him at the debate on Atos’ handling of the Work Capability Assessment (WCA) for Employment and Support Allowance on Thursday.

He added a handful of ‘answers’ that were not related to specific questions, and left a great deal of very important issues hanging.

It is interesting that Mr Hoban was the minister who attended the debate. Here in the UK we do, in fact, have a minister dedicated to the needs of disabled people. At the moment, that minister is Esther McVey. Where was she on Thursday afternoon and why did she not take part in this important debate?

Let’s have a look at the questions that were graced with responses. I think we’ll see the reasons for Mr Hoban’s choices very quickly.

“We are, in effect, trying to put a sticking plaster on a gaping wound,” said Labour MP Ian Lavery (Wansbeck). “Atos and the WCA are not fit for purpose. Does the hon. Gentleman agree that we should bin them both, and start again with the idea of looking after disabled people, rather than the opposite?”

Mr Hoban did not. “Much has been said about employment and support allowance not working—that is untrue,” he said. “What we are seeing is people coming off ESA and getting into work. The number of working-age people on ESA and incapacity benefit in February 2012 was 2.56 million—the lowest level since the introduction of IB in 1995. Early estimates to September 2012 suggest that overall numbers for this benefit are falling and will for the first time be below 2.5 million.”

So his yardstick for success was the number of people who have been cut off from benefit. That’s very revealing.

“Professor Harrington [Malcolm Harrington, who was hired by the DWP to lead three independent reviews of the assessment system] has made it quite clear that the WCA, designed as a first positive step for work, is the right concept for assessing people who need our support. There is a need to improve it. No one doubts that, which is why we have implemented Professor Harrington’s recommendations. The assessment we inherited needed refinement. That is why we accepted and have largely implemented more than 40 of his recommendations over the past two years. That is why twice as many people have gone into the support group in comparison with when ESA was introduced.”

His colleague, Charles Walker (Con, Broxbourne), did not seem to share Mr Hoban’s glowing opinion of these improvements to the system. He asked: “Does my hon. Friend share my fear that the reputation of Atos may be so damaged that it can never really be effective? Perhaps the time has been reached when we need to park Atos and move on in a different direction.”

In response, the minister said: “Let me deal with the issue of Atos’s capability. Atos deals with 100,000 cases every month and it consistency meets the quality thresholds. Only 3.6 per cent of assessments are below standard compared with a threshold of five per cent. It receives complaints about only 0.6 per cent of assessments. DWP decision makers return to Atos assessments that are inadequate for reaching a decision in only 0.2 per cent of cases.”

Note that we are not told what these quality thresholds may be, so let’s turn to the question from Natascha Engel (Lab, North East Derbyshire), who said: “The proportion of original Atos decisions that are overturned is shocking—it is about 30 per cent or 40 per cent. I would be grateful if the Minister replied to that point. Precisely how many people deemed fit for work by Atos have their decisions overturned on appeal and are signed off work?”

Get ready for a shock because this is where Mr Hoban departed from the script with which we’re all familiar: “Let me be clear about the rate of successful appeals. Of all the fit-for-work decisions taken by the Department, only 15 per cent are overturned on appeal. Only 15 per cent of all the decisions we take, then, are overturned on appeal, which I think demonstrates that while we need to ensure that there is a proper appeals process, we should not be bandying around figures that misrepresent the level of successful appeals.”

Only 15 per cent? Where did he get that figure? Other MPs quoted the 40 per cent figure in the debate, including some who had received it as a reliable figure in committee. Perhaps Channel 4’s FactCheckers should get onto this one!

Look, here’s Austin Mitchell (Lab, Great Grimsby) making that exact point: “As our Committee was told, 38 per cent of the cases that go to appeal—I advise all my cases to go to appeal—are successful in reversing the verdict. That demonstrates its inadequacy and the enormous cost in the reassessment process at appeal, a cost that is not taken into account in the Government’s estimates of the savings produced by the system. [We’ll come back to those costs later, although we won’t get an answer to that question] Those reassessments are usually done with the help of the patient’s own doctor, so I do not see why their doctor’s view cannot be invoked and used at an earlier stage in the process. After all, the Government are giving more power to the doctors and claiming that they represent the patients. The doctors know the long-term conditions—they are treating the patient—so why are their views not taken into account by Atos at the start?”

The closest I could find to a response was in fact an answer to a question from Sheila Gilmore (Lab, Edinburgh East): “When we asked judges why they overturned DWP decisions, they said that an error in the Atos assessment was the primary reason for an overturn in only 0.3 per cent of cases. However, although it happens very rarely, I agree with her on one point: I would like to get more information from the judges.” [I was later told that the prime reason for overturns is medical evidence from claimants’ doctors that was ignored by the Atos assessors and DWP decision-makers]

Moving on to specific issues, of the seven questions asked by Michael Meacher (Lab, Oldham West and Royton), Mr Hoban answered only one. That in itself should tell you how selective the responses were, and how little real information was in fact released. Mr Meacher asked: “Will the Minister accept that the current criteria and descriptors do not sufficiently—or even at all—take into account fluctuating conditions, especially episodic mental health problems? How will he rectify that?”

“That is not the case,” said Mr Hoban. “It gives people with a fluctuating condition the opportunity to explain how their condition varies over time. It is not a tick-box assessment, as some have suggested. There is a discussion between the health care professional and the person making the claim for ESA to determine how their condition varies over time. The questionnaire that customers are sent has been redesigned for that purpose, and people are now asked to give more details about how their fluctuating condition affects them as an individual. If a person cannot carry out a function repeatedly and reliably, they will be treated as unable to carry out that function at all. We all recognise that the capacity of people with a fluctuating condition can change, and it is important that proper regard should be given to that fact.”

How interesting, then, that Stephen Timms (Lab, East Ham) asked when changes to the descriptors for fluctuating conditions and mental health conditions, which were recommended months ago by the disability organisations, would be implemented!

Mr Hoban said: “We have committed to a review of the descriptors for fluctuating conditions, and we are working closely with charities on that. We also need to ensure that any new descriptors are as good as, or better than, the existing ones, for the purpose of assessing someone’s condition. That work is going on at the moment.”

So either people with fluctuating conditions already have a glowingly redesigned new questionnaire to help them make their condition understood, or it is being reviewed at the moment. Which is it?

Former Welsh Secretary Cheryl Gillan (Con, Chesham and Amersham) picked up on the mental health issue with some questions of her own. Firstly: “More than 2,000 people have signed a National Autistic Society petition to Atos, which was launched following the ‘Dispatches’ and ‘Panorama’ investigations, with which many of us are familiar, into the company last year. The programme claimed that Atos was working to internal targets on the numbers of people being put into the work-related activity group, the support group or as being fit for work. Atos has indicated that it is open to working with the National Autistic Society and other charities, including in the context of this petition, but I have a specific question for the Minister. Will the Minister provide assurances that no such targets are in place?”

He did: “Several hon. Members suggested that Atos had targets for finding people fit for work or placing them in a particular group. Let me be absolutely clear—let nobody in or beyond the House be in any doubt—there are no such targets. There are no targets for who should be put into which group. Instead—hon. Members would want this—there are quality-control checks.”

I do not believe this. I saw the ‘Dispatches’ programme mentioned by Mrs Gillan and it was stated loud and clear by an Atos trainer that there are targets, and they are harsh. A statement to the contrary by a representative of a government that has been more than economical with the truth? That’s not going to cut any ice with me.

Mrs Gillan went on to address the work of new ‘mental and cognitive champions’ employed to advise Atos assessors: “How many of the mental and cognitive champions currently operating at Atos assessment centres have specific autism training? Do WCA assessors receive autism-specific training? If so, of what does it consist?”

Mr Hoban’s response: “I can assure her that that is the case.” But he avoided details.

She asked how he will monitor the effectiveness of the introduction of those mental and cognitive champions, but Mr Hoban slithered away from that question: “It is not for me to dictate the work that Professor Harrington’s successor will undertake as part of the fourth review, but I think that that is a good suggestion. We need to look at the effectiveness of the recommendations that Professor Harrington has made.”

Picking up on the mental health issue, Madeleine Moon (Lab, Bridgend) asked: “We are told that specific support staff for mental health will be provided. Are they in place? Are they aware of the trauma of post-traumatic stress disorder?”

Mr Hoban chose to wax lyrical for a moment: “It has also been said that the work capability assessment does not take full account of mental health conditions. Let me say a bit about that important issue. We have sought to improve the process and the support for the health care professionals who are undertaking the assessments. All Atos health care professionals receive specific and additional training in assessing mental health conditions—Atos has 60 mental health function champions in place to spread best practice.”

Mr Hoban also went on to answer questions that were not, in fact, raised directly in the debate. Perhaps he has a guilty conscience! Let’s look at them briefly.

“It has also been suggested that Atos health care professionals make decisions on benefit entitlement. They do not. Those decisions are made by DWP decision makers.” We know from the previously-mentioned TV documentaries that DWP decision-makers just rubber-stamp the Atos assessors’ recommendations in the vast majority of cases. This is not a reassuring answer.

“It has been suggested that GPs should make the assessment. The British Medical Association has been prayed in aid. Let me quote what the BMA said about that idea: ‘However, it is not part of the GP’s role to provide any opinion…on the patient’s capability to work as part of this process. It is vital that these two roles are kept separate and that GPs are not asked to provide an opinion on their patient for the purpose of receiving the Employment and Support Allowance; doing so could damage the doctor-patient relationship.'” The BMA has already been approached to repudiate that remark; or at least to provide an explanation of what it meant.

“My hon. Friend the Member for Stafford [Jeremy Lefroy] talked about quality. The tribunal service can refer substandard reports back to Atos as an appeal for further action. It has exercised that right only 23 times in the past year. Rigorous checks are in place to ensure that quality applies.” But this number does not include the amount of appeals that they allowed without reference back, of course.

Now here’s his summing-up, with a few things he wanted to shoehorn in but didn’t have the opportunity anywhere else: “Overall, the proportion of people with mental health conditions being awarded ESA has risen from 33 per cent to 49 per cent. We are seeing improvements and more will be introduced later this month on the categories of cancer treatment that allow people to go straight into the work-related activity group. These changes are happening. We should recognise that change is important and that it is happening.

“This is the right approach,” he said in conclusion. “Demonising the work capability assessment does not help our constituents and does not address their concerns.”

If you weren’t shocked by that last sentence, you haven’t been paying attention to the Atos debate. The whole point is that it is the Work Capability Assessment that does not help our citizens or address their concerns. Demonising it (he’s stealing the word from protestors, who have been using it to describe the government’s attitude to the sick and disabled it is persecuting) is the only way to fight what is happening. But I refer you to the Skwalker blog for a detailed analysis of that statement.

Those were all the questions that were answered by the minister. He did his best to paint a rosy, “nothing’s wrong” picture of the system. But he did so by ignoring important statistics and questions raised by them.

Perhaps he hoped that nobody would notice – or that we would not be cheeky enough to put him on the spot.

Too bad. If that is the case, I intend to misbehave! In this spirit of mischief, let’s look at the questions for which Mr Hoban had no answer, starting with those raised by Mr Meacher:

“How can pursuing with such insensitive rigour 1.6 million claimants on incapacity benefit, at a rate of 11,000 assessments every week, be justified when it has led, according to the Government’s own figures, to 1,300 persons dying after being put into the work-related activity group, 2,200 people dying before their assessment is complete, and 7,100 people dying after being put into the support group?” (NO RESPONSE)

“Is it reasonable to pressurise seriously disabled persons into work so ruthlessly when there are 2.5 million unemployed, and when on average eight persons chase every vacancy, unless they are provided with the active and extensive support they obviously need to get and hold down work, which is certainly not the case currently?” (NO RESPONSE)

“It is true that Harrington has produced minor adjustments—implemented at a glacial place—but the underlying system remains largely undisturbed. The BMA and the NAO have therefore called for a thorough, rigorous and transparently independent assessment of the suitability of the work capability assessment. Will the Minister now implement that?” (NO RESPONSE)

“Will the Minister provide full and transparent details of the Atos contract? They should not be hidden by specious claims of commercial confidentiality when Atos is the sole provider of what is clearly a public service. Better still, given that Atos has failed so dramatically, why does he not in-source the work back into the NHS?” (NO RESPONSE)

“How will the Minister ensure that the medical expertise of disabled persons’ doctors and related professionals is fully taken into account before assessments are completed?” (NO RESPONSE)

“I want to provide a full dossier to the Secretary of State so that he fully understands what is being done today in his name, and to bring a small delegation to see him from some of the excellent organisations of disabled people who have heroically battled to highlight and tackle the distress and pain caused by Atos. Can I please be assured that the Secretary of State will see such a delegation?” (NO RESPONSE)

Mrs Gillan asked: “What steps will the Government take to ensure that Atos collects existing evidence relating to a claimant’s capability to work, which would create a more cost-effective and streamlined system?” (NO RESPONSE)

Natascha Engel asked: “How many people deemed fit for work who do not take their cases to appeal then find work?” (NO RESPONSE)

“Is it really for the best to sign people as fit for work when there are no jobs to be had?” (NO RESPONSE)

“How many of them are getting a job, and how many of them are just being signed over to destitution?” (NO RESPONSE)

Pamela Nash (Lab, Airdrie and Shotts) said: “The Minister’s predecessor, the right hon. Member for Epsom and Ewell [Chris Grayling], made it clear in a Westminster Hall debate last September that he felt that Atos “should make recording available on a voluntary basis”. However, not a single constituent of mine who has come to see me about work capability assessments has told me that they have been offered the prospect of having it recorded. In fact, one constituent told me that she had asked for her assessment to be filmed, following her previous assessment, which resulted in a report that bore little resemblance to that assessment. On that occasion she was found fit for work, but she subsequently won her appeal. She was informed that recording would indeed be possible, but that she would have to pay for a private, independent company to come in to record her assessment. Equipment was not made available to her. She had hoped to take a family member in to film the assessment, but was told that this would not be allowed or appropriate. How on earth is a person living on benefits—living on the breadline—supposed to be able to afford to pay a private company to record their assessment?” (NO RESPONSE)

“Will Atos reschedule an assessment date if the person concerned is told that equipment is not available on the original date?” (NO RESPONSE)

“In the event that a claimant refused to go through with an assessment without a recording, would they be sanctioned in terms of their benefits?” (NO RESPONSE)

Debbie Abrahams (Lab, Oldham East and Saddleworth) asked: “Why does the hon. Gentleman think the Department for Work and Pensions and Atos have been unable to accept the recommendations of the British Medical Association and the Royal Colleges for more specific diagnostic tests that would make the assessments more appropriate?” (NO RESPONSE)

Kevan Jones (Lab, North Durham) asked: “The first contract with Atos was introduced by the previous Government, but why did the present Government renew and extend that contract even though they knew about all the problems that he and others have raised in the House?” (NO RESPONSE)

“The system is also costing the taxpayer money, not only through the additional health care provision for those with mental health conditions but through the extra work load on GPs, the tribunal system, which is at breaking point, and the reassessment system. The other week a 60-year-old nurse with osteoporosis, who has spent 38 years in the NHS, came to see me. She failed the work capability test. She is 61 in April and is now being told that she will be retrained for a new career until she is 62, when she gets her pension. What on earth is the point in wasting money on individuals like that?” (NO RESPONSE)

“There are also cases such as the 21-year-old young lady who ended up in the local psychiatric hospital because she failed the Atos interview. What is the cost of that to the NHS?” (NO RESPONSE)

Kevin Brennan (Lab, Cardiff West) asked: “The head of Atos was recruited from Unum in the United States. Is it not disturbing that the lieutenant governor of California has stated that Unum was operating ‘claims denial factories’ for working men’s compensation?” (NO RESPONSE)

Mrs Moon asked: “Atos received £112.8 million in 2010-11 for its DWP services. About 60 per cent of all claims are judged fit to work; 41 per cent of those people appeal, and 38 per cent of those appeals are successful. Last year, appeals cost £54 million. How can that be seen as value for money? How can this be seen as evidence of a supportive and caring Government in action?” (NO RESPONSE)

“Is sensitivity training available, because it has certainly not been made available to the ex-GP who works as an Atos assessor in my area?” (NO RESPONSE)

“Has the DWP looked at the cost—to Members, to citizens advice bureaux and to welfare rights organisations—of fighting this iniquitous system?” (NO RESPONSE)

Jeremy Lefroy (Con, Stafford) asked a couple of real questions, besides the non-existent one that Mr Hoban answered. They were: “There are cases in which people have had to wait for up to a year before winning appeals and then immediately face another work capability assessment, so the whole process starts again. Why cannot such people be given at least a considerable period of grace?” (NO RESPONSE)

And: “Do the health care professionals employed by Atos always take account of the fact that people have to get to work in the first place, or that, while they may be able to perform an action once, they may not be able to perform it repeatedly when it causes severe pain?” (NO RESPONSE)

Andrew Stunell (Liberal Democrat, Hazel Grove) asked: “Would not speeding up the appeal process also relieve stress and bring about certainty much more quickly?” (NO RESPONSE)

Sarah Newton (Con, Truro and Falmouth) (Con): “Does my hon. Friend agree that we must make Atos understand that in remote rural constituencies such as those we both represent some people have to travel long distances? That problem is leading to a lot of no-shows at the Truro Atos centre, which in turn is leading to lots of delays in assessments, thereby causing a great deal of anxiety.” (NO RESPONSE)

Ian Mearns (Lab, Gateshead): “The Minister for disabled people, the hon. Member for Wirral West (Esther McVey), told this House that by October 2015 560,000 claimants will have had their assessments, and 160,000 will get a reduced award, 170,000 will get no award, and 230,000 will get the same support. How can we know the assessments are valid when we have had such a prediction?” (NO RESPONSE)

Iain McKenzie (Lab, Inverclyde): “What does the Minister think of Citizens Advice’s detailed year-long study “Right first time?” on the controversial work capability assessment run by Atos, which has revealed evidence of widespread inaccuracies in the medical reports that help to determine whether individuals are eligible for sickness benefits? Citizens Advice also tracked a group of people through the process of claiming employment and support allowance and looked at how their claims were handled. The report’s conclusions are stark: 37 individuals were tracked and had their reports examined, with serious levels of inaccuracy revealed in up to 43 per cent of the reports. That level is significant enough to have an impact on the claimant’s eligibility for benefits—surely our sick and disabled deserve better than this.” (NO RESPONSE)

“Is it not better to have an accurate, fair and just system of medical assessment, one that claimants know will treat them fairly and with the humanity they deserve, rather than a system that is, frankly, unfit for purpose and that uses a company, Atos, that instils fear and loathing in people, resulting in a system where people are continually appealing against decisions? We have already heard that the success rate against the decisions is about 60 per cent.” (NO RESPONSE)

Heather Wheeler (Con, South Derbyshire): “When someone drops down dead within three months of being assessed as being perfectly capable of going back to work, what is the review process for Atos?” (NO RESPONSE)

Julie Hilling (Lab, Bolton West): “Why are Atos and the Department for Work and Pensions cruelly finding people fit for work or putting them in the work-related activity group when they are clearly unable to work?” (NO RESPONSE)

“People being placed in the work-related activity group is the next scandal. When people score 15 points and are found not fit for work, but are put in the work-related activity group, they will lose their benefit after 365 days. Is that another way of saving money, but one that also puts disabled people into abject poverty and causes them terrible stress?” (NO RESPONSE)

“Why do the assessors give more weight to work capability assessment descriptors than to professional medical assessments?” (NO RESPONSE)

“Why do they reassess people who have just won their appeal?” (NO RESPONSE)

“Why do they not record the number of people who die through illness or suicide when being rejected for disability benefit?” (NO RESPONSE)

“Why do they not track people who have been found fit for work and people who no longer receive benefit?” (NO RESPONSE)

“How much do all the botched assessments cost us?” (NO RESPONSE)

And Sheila Gilmore asked: “Research commissioned by the previous Government, which I understand is not being continued by this Government—the Minister might reassure us on that—found that 43 per cent of those found fit for work were neither in work nor in receipt of an out-of-work benefit a year later. We must ask where they are. What is happening to them?” (NO RESPONSE)

The conclusion? This is a government that is perfectly happy with a system that is throwing thousands of sick and disabled people to the wolves. It has made – or is making (Mr Hoban wasn’t all that clear) – cosmetic changes in the hope of diverting our attention. As long as the claimant figures are coming down, they will be happy.

As long as claimant figures are coming down.

Yesterday, in my article The High Street implosion is just beginning, I advocated the ‘constructive dismissal’ of the Coalition government by making its work so difficult that it couldn’t go on. If I was feeling mischievous, in the light of the evidence, I think I would suggest that we all ruin that drop in claimant figures by going out and filling ESA50 forms of our own – whether we deserve the benefit or not.

Clearly this government intends to keep Atos in work, so we may as well make it work hard!

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Osborne paddock update: Parliamentary Commissioner for Standards

21 Friday Dec 2012

Posted by Mike Sivier in Conservative Party, Crime, UK

≈ 8 Comments

Tags

2006, account, Act, Channel 4, code, commissioner, conduct, Dispatches, duty, evidence, expense, farm, fraud, George Osborne, Guardian, harrop fold, house, Independent, inquiry, Interest, land registry, libel, Mike Sivier, mikesivier, Mirror, mortgage, newspaper, paddock, Parliamentary, police, profit, report, responsibility, rules, standards, taxpayer, Telegraph, Vox Political


Shady: Why will the Parliamentary Commissioner for Standards NOT investigate the new evidence that has come to light about George Osborne's expenses?

Shady: Why will the Parliamentary Commissioner for Standards NOT investigate the new evidence that has come to light about George Osborne’s expenses?

It seems the Parliamentary Commissioner for Standards is reluctant to examine the case of George Osborne, who paid mortgage interest on his paddock with taxpayers’ money before selling it off with a neighbouring farmhouse for around £1 million and pocketing the cash.

Mr Osborne, as is now well-documented, claimed mortgage interest on both properties as an allowable expense, stating that he needed the house to perform his duties as an MP. The paddock was registered separately with the Land Registry and was not mentioned in his expenses claim, but thanks to newspaper reports earlier this month, the nation understands that the money he received was used to pay for it.

Apparently this is not good enough for the Standards Commissioner. After I requested an inquiry, I received an email from Heather Wood, registrar of members’ financial interests. She wrote: “The Commissioner is able to inquire into complaints of a breach of both the Code and the rules of the House only if they are supported by sufficient evidence to justify an inquiry.

“Since the Commissioner has already inquired into Mr Osborne’s claims for his second home over the relevant period, there would need to be evidence of a breach of the Code of Conduct and the Rules of the House, other than that he had already investigated, before he could consider this matter further. That evidence would need to be sufficient to justify an inquiry.”

She went on to provide a link to the result of the previous inquiry. I read it very thoroughly but could find no mention whatsoever of the paddock at Harrop Fold Farm.

From the evidence provided by the commissioner’s office, I can only conclude that Mr Osborne did not tell the authorities that the money he claimed – in order, let’s remember, to discharge his Parliamentary responsibilities – would also partly pay for an empty field that he planned to sell for an exorbitant profit, years later.

To me, this is clearly accounting fraud, which is a criminal offence under the Fraud Act 2006.

The only reason I can find for the reluctance shown by the Commissioner is that my evidence comes from newspaper reports, and the guidance on submitting complaints does make it clear that such evidence may not be enough.

However, it seems clear that there is substance behind the allegations. Firstly, the evidence was transmitted in a Channel 4 Dispatches documentary on TV; then the Telegraph, Guardian, Mirror and the Independent all came out with corroborating reports. They would not do this without being able to back up what they were saying; if the details were false, then they would all have been guilty of libel, which is itself an offence – and I am sure Mr Osborne would be quick to pursue them through the courts in such circumstances.

He has not done so. What does this suggest to you?

My next step will be to write to the reporters concerned. I’ll need to ask them if the evidence to support their stories is publicly available and, if so, where I can find it. Then I’ll have another crack at the Commissioner. If any of the reporters concerned are reading this, please get in touch and provide any illumination you can – I think we would all be genuinely delighted to see your contribution.

Oh – there is one last line from the registrar, as follows: “Your e-mail also suggests that criminal conduct may have occurred. Any such allegations would be a matter for the police, not for the Commissioner, and I note that you have already raised this matter with them.”

That’s right – they said they couldn’t investigate because an inquiry was already taking place, and I’m still awaiting a response from my MP on that subject. Isn’t it interesting that the responses I’m getting are starting to go around in circles?

I’ll keep you all informed of progress.

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Only you can close the Atos slaughterhouse

01 Saturday Dec 2012

Posted by Mike Sivier in Benefits, Conservative Party, Disability, Health, Politics, UK

≈ 38 Comments

Tags

Atos, bedroom tax, benefit, benefits, blackout, Channel 4, commissioner, Conservative, Department for Work and Pensions, disability, disabled, Dispatches, DWP, Employment and Support Allowance, ESA, fit for work, government, health, housing benefit, human rights, Iain Duncan Smith, IB, Incapacity Benefit, Media, Mike Sivier, mikesivier, news, people, politics, Samuel Miller, sick, support, thierry breton, Tories, Tory, united nations, Vox Political, WCA, welfare, work capability assessment, work-related activity, WRA, WRAG


Thierry Breton of Atos: Your deaths make him richer.

Thierry Breton of Atos: Profiting from misery.

If any MP, government representative or stooge tells you the UK is bankrupt, or close to it, ask them why we can afford to pay Thierry Breton £1.9 million to preside over a company running a flawed system that leads to the deaths of 73 of us every week.

Mr Breton is the boss of Atos, the company that has been “reassessing” people who used to be on Incapacity Benefit, in a bid to clear the vast majority of them from the government’s welfare benefit bill within a year of assessment.

Only between 12-13 per cent of those who go through the Atos ‘work capability assessment’ keep their benefits indefinitely, going through to the ‘support group’ of the new Employment and Support Allowance. This means they have conditions which mean they will never be able to work in any way – and, in practice, many are likely to die in the near future.

Atos and the Department for Work and Pensions say this figure should be 30 per cent, but that seems more likely to be the percentage transferred from IB. In regard to new cases, I’ll stick with what the Atos trainer said on Channel 4’s Dispatches documentary in July.

The others are either put into a ‘work-related activity’ group and told to get better within 12 months, or marked ‘fit for work’ and told to get looking for a job. These are where the controversial deaths take place, due to stress exacerbating people’s illnesses or suicide because they cannot see a way to go on.

For this, Mr Breton is being paid around £1 million per year. His bonus – nearly another £1 million – means he pocketed £1.9 million in total (before tax – although he could always seed it away in one of the tax havens the government is assiduously failing to close down).

This is why disability specialist Samuel Miller needs to hear from people whose family members or friends have suffered at the hands of Mr Breton’s company. Mr Miller is putting together a file of atrocities which he intends to send to the Office of the High Commissioner for Human Rights at the United Nations.

The aim is to show that austerity measures are violating British people’s human rights. His best hope is in receiving coroners’ reports where the cause of death is found to be destitution and/or suicide.

He can’t do this on his own.

I reported Mr Miller’s plan last week and as a result he has received some responses – but many more are needed. He needs you to get in touch – if you have been affected.

If nobody does anything, the government will merrily assume it is right to persist with a regime that leads to 73 deaths, of your loved ones, every week. And they will continue. If you are disabled, you may be next.

So don’t leave it to somebody else. If you have been affected, get your story in to Mr Miller. You could also contact your local news media and get them to run a story about this, with his email contact details: disabilityinliterature@gmail.com

If they don’t run anything, ask them why. There does seem to be a media blackout and this must be overcome as well.

Otherwise you, or someone you know, could end up like Susan Atkinson, who died of cancer last year, aged 37, after Atos told her she was fit for work.

A friend of hers, Donna Thornton, wrote: “I’m not saying they caused her death but they did add  more stress and worry, which I do think helped her give up the fight.

“Her quality of life before she died was so very sad for me to watch – instead of her last few weeks of life being happy ones, they were sad and upsetting. I couldn’t even help her as I was going through the same.”

Donna, who has been in three car crashes, has fibromyalgia, nerve damage, has had shingles and suffers depression, wrote: “I just received a letter saying I have got to got to court this time to appeal.

“Not only do I feel like a criminal but feel sick [that] I’ve got to go through all this to prove I am sick and disabled.

“This system is so wrong; they have got me in so much debt over the past two years, I now want to give up the fight. Life is hard enough being sick, never mind going through all this.

“Please help before I end up on Atos’ death list.”

Is this familiar? disabilityinliterature@gmail.com

It’s not just the Atos assessments that are pushing people to the brink, of course. How many of you will be affected by the so-called ‘bedroom tax’? disabilityinliterature@gmail.com

Pressure from the public can stop the insanity of Iain Duncan Smith’s Department for Work and Pensions, and the other government “reforms” (what a cheek, to suggest changes that will ruin the lives of millions of people are improvements).

But it’s not going to happen if people can’t be bothered to lift a finger.

All it takes is an email. If you can read this, surely you can do that?

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The great debate – the incapable assessment regime

04 Tuesday Sep 2012

Posted by Mike Sivier in Benefits, Conservative Party, Disability, Health, Labour Party, People, Politics, UK

≈ 5 Comments

Tags

"no financial targets", "you're killing us", Atos, BBC, Black Triangle, Chancellor, Chris Grayling, Coalition, Con-Dem, ConDem, Conservative, corporate manslaughter, Dame Anne Begg, debate, descriptor, disabled, Disabled People Against Cuts, Dispatches, DPAC, Employment and Support Allowance, ESA, fit for work, George Osborne, Iain Duncan Smith, John McDonnell, Labour, Panorama, Paralympic, Personal Independence Payment, PIP, police, sick, Sonia Poulton, Stephen Timms, suicide, support group, tick-box, Tom Greatrex, Twitter, WCA, Westminster Hall, work capability assessment, work-related activity group


Some supporters of disabled people are using this image as a car sticker, to raise awareness of dissatisfaction with the Atos assessments.

The most telling moment in today’s (September 4) Westminster Hall debate on Atos and Work Capability Assessments came when Chris Grayling was delivering his speech. A woman shouted, “You’re killing us!” and was immediately told to shut up or the public gallery would be cleared.

It was an act of insensitivity that put into a nutshell the Coalition government’s attitude to public discontent over its Work Capability Assessment regime for claimants of the new Employment and Support Allowance (and soon, the new Personal Independence Payment); it doesn’t care what we say, it will carry on doing what it wants, and it will lie to us about what that is.

I was listening to the debate and watching responses on Twitter. John McDonnell MP tweeted: “Protesters sum up exactly what this debate is all about. The Atos system is causing immense suffering & killing people.”

Mr Grayling did not address these concerns in his speech.

He said the DWP would not be changing the controversial ‘descriptors’, that are used in WCAs by the tick-box assessors, who need them to understand whether any person’s abilities mean they deserve a much-coveted place among the 13 per cent of claimants in the ‘Support Group’ – or whether they should be turfed out into the ‘Work-Related Activities Group’ or market “Fit For Work”.

But a potential new set of descriptors, more appropriate to the conditions suffered by the sick and disabled, is still being considered. Where’s the truth?

He said the assessment regime had “no financial targets”. This was a flat-out lie. We know there are targets because Atos trainers made that perfectly clear in the recent Dispatches and Panorama documentaries on the subject.

“Atos do not take decisions.” Another lie. The DWP decision-makers rubber-stamp Atos recommendations in the vast majority of cases.

He repeatedly told us the process was “not an exact science” before contradicting himself by stating that the government wants to “get it right”.

Before he got up to speak, the criticisms had been mounting up like a tidal wave against him. All to no avail, as he sailed on, oblivious.

“How many people have died between being rejected and their appeal, and how many committed suicide?” This was a question I was hoping to hear, as this blog has been criticised for using the “32 deaths per week” statistic. No response to that one, though! And what about corporate manslaughter? The issue wasn’t even raised, but the government – and Mr Grayling, together with his (now former) boss Iain Duncan Smith – might be guilty of killing thousands.

“Will claimants still get ESA while they ask for a reconsideration?” The current answer is no. Judging from the lack of response in the debate, that will remain the case.

Assessors’ lack of mental health knowledge came up time and time again.

One MP after another got up to speak, making it clear that they had all received multiple accounts of mistreatment at the hands of a company that clearly couldn’t give… well… Atos: “There cannot be an MP that hasn’t heard terrible constituent stories over WCAs.”

Labour MP Stephen Timms made some strong points. He pointed out the fluctuating nature of many claimants’ conditions, and warned that the work capability assessment does not take account of changes. “The WCA must not be a snapshot,” he said, and went on to add that the test needs “radical improvement”.

He admitted that Employment Support Allowance was a Labour initiative – but made it clear that the Coalition rolled it out before trials to ensure it was fit for purpose had been completed.

And Dame Anne Begg MP won praise for listing poor decisions by assessors and the failings at Atos, repeating, like a mantra: “When people feel this persecuted, there is something wrong with the system.”

She called for the contract to be re-written, saying it “can’t be fixed with a few tweaks here and there”.

Tom Greatrex, who opened the debate, said too many people were being found fit for work when they weren’t fit at all. He said the £60 million cost of appeals against assessment findings meant the taxpayer was effectively paying for a system that doesn’t work, then paying again to put it right. He said details of the Atos contract should be made public (a forlorn hope; confidentiality is a large part of many government contracts with private firms, although the Atos contract is particularly vague).

And he pointed out that, although Mr Grayling had said the transfer schedule for moving people off Incapacity Benefit and onto ESA was on-target, it was in fact very far behind, with waiting times up by 85 per cent.

Honourable mention was given to the disability campaigns Disabled People Against Cuts (DPAC) and Black Triangle. Dishonourable mention was made of police brutality at last Friday’s protest outside the headquarters of Atos and the DWP in London.

Calls were made to reduce unnecessary assessments (of people whose condition was unlikely to change), anger was expressed that Atos is a sponsor of the Paralympics. The debate heard that applicants find the process of going through the Work Capability Assessment terrifying (I can personally attest to this, having witnessed my girlfriend’s. Terrifying and humiliating) – and that it was felt to take away their dignity as human beings.

Sadly, nobody called for a comprehensive study of the mortality rate.

Not one single Coalition backbencher indicated a desire to speak.

Amid all this, one online wit tweeted: “I do hope Osborne comes in at the end to take the now-traditional booing” – a reference to an incident the day before, which has already become infamous, when the Chancellor appeared at the Paralympics to hand out medals and was booed by the 60,000-strong stadium crowd.

Sonia Poulton, the Daily Mail columnist who became a campaigner against Atos, summed up the event: “W-C-A….SEIZE THE DAY! Yes, Labour started it, we ALL know that now…but Con-Dems butchered like never before. Time to get rid!”

If only we could.

For another perspective on the debate, please see the BBC website’s report at – oh. There isn’t one.

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The wages of sin: promotion?

03 Monday Sep 2012

Posted by Mike Sivier in Benefits, Conservative Party, Disability, Health, Liberal Democrats, People, Police, Politics, UK

≈ 10 Comments

Tags

32 deaths per week, Adolf Hitler, appeal, armed forces, Atos, Atos Victims Group, benefit, benefits, Cecilia Burns, Chancellor, Chris Grayling, Coalition, Conservative, David Cameron, Department for Work and Pensions, disability, disabled, Dispatches, DWP, employment, ESA, euthanasia, George Osborne, Germany, government, health, Hitler, Iain Duncan Smith, Incapacity Benefit, Liberal, Liberal Democrat, Maria Miller, Mike Sivier, mikesivier, minister, Nazi, Panorama, paralympian, Paralympics, Parliament, people, police, politics, Remploy, Tories, Tory, tribunal, unemployment, work capability assessment


Minister for the disabled Maria Miller (left) is unlikely to be losing sleep over the death of cancer patient Cecilia Burns when she could be promoted for her efforts to persecute those she is supposed to represent.

The minister for disabled people, Maria Miller, may be in line for promotion in David Cameron’s cabinet reshuffle, according to the BBC.

This individual, under the guidance of DWP boss Iain Duncan Smith, has presided over the closure of dozens of Remploy factories, forcing thousands of disabled workers onto the dole.

Her colleague at the DWP, Chris Grayling, is also in line for promotion after being responsible for the Work Capability Assessment regime run by the infamous Atos organisation, which has caused the deaths of 32 people per week, on average, since the beginning of last year.

(The figures show that, between January and August last year, 1,100 claimants died after they were put in the “work-related activity group”. A further 1,600 people died before their assessment had been completed, and 5,300 seriously disabled people died after being put into the support group – the group for people who are found to be genuine in their need for continued support. The number who died after being judged “fit for work” was not recorded because the DWP does not keep records of those who have been written off its books.)

The latest person to lose her life was cancer patient Cecilia Burns, who was judged ‘fit for work’ by Atos in February this year. Her benefits were restored just a few weeks ago but the ordeal was clearly too much for a person in a weakened state due to fighting a potentially terminal illness, and she passed away last week.

Atos is still claiming that it does not make decisions on people’s benefit entitlement – it merely carries out the assessments and refers the results to the DWP. We know from TV documentaries Dispatches and Panorama that the findings of the assessments are rubber-stamped by the civil servants in the vast majority of cases.

The firm also claims that its service is “highly professional and compassionate” and that it adheres strictly to the rules. What it doesn’t say is that the government changed the rules – and the benefit – in order to make it easier to cut claimants off. Even after that, 40 per cent of those who appeal win their case at tribunal. If they have legal representation, that figure rises to 90 per cent.

I understand that our Paralympians have been safeguarded from assessment so far – but will all face Work Capability Assessments of their own next year. Like our armed forces, it seems the Coalition government is happy to use them for good publicity in the public eye; once that gaze has moved elsewhere, they’ll be shunted onto the scrap pile.

The reshuffle – and possible promotion for Ms Miller and Mr Grayling – follows a week of protests by the Atos Victims Group, focusing on the Paralympic Games. This culminated in demonstrations outside Atos’ London headquarters and the offices of the DWP on Friday, in which it has been claimed the police physically attacked those present, breaking one protester’s shoulder and damaging a wheelchair user’s chair.

This is what the Coalition government wants to do with the disabled, it seems – push them out of the way, cut off their benefits, forget about them, let them die.

This is extremely pertinent at the moment. Why? Because it is 73 years since the government of a certain European country put its own policy for disabled people into action. Adolf Hitler signed an order to begin the systematic euthanasia of Germany’s mentally ill and disabled people on September 1, 1939.

According to the Nazi policy of racial hygiene, people with physical and mental disabilities were “useless” in German society, and they were a threat to Aryan purity. They were deemed unworthy to live. The euthanasia programme (‘Operation T4’) cost the lives of around 270,000 people.

The best figures we have suggest that the new British assault on the disabled has killed nearly 5,000 so far (rising to almost 10,000 if you include those in the support group). But the Chancellor wants to cut a further £10 billion from the welfare budget (rather than get his rich pals to pay their taxes) so who knows how high this figure may rise before we get a chance to restore sanity in 2015?

I’m already having nightmares about it.

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