Case proven? Government stays away from benefit deaths tribunal

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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.

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Jobseekers told to do more to find (non-existent) work

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benefit, benefits, bullied, bully, Coalition, Conservative, Democrat, Department, diminish, double standard, draconian, DWP, employment, esther mcvey, fraud, government, harass, identity, incentive, jobseeker, Jobseeker's Allowance, JSA, Liberal, Mike Sivier, mikesivier, minister, Pensions, people, politics, poverty, pretend, protect, repressive, Richard Hutton, sanction, scrounge, scrounging, search, self employ, sex work, shirker, social security, support, tax credit, theft, thief, thieves, Tories, Tory, training, undermine, Vox Political, welfare, work, work experience, Work Programme, Workfare

Esther McVile: The employment minister, who claims adamantly that changes to housing benefit do not constitute a ‘bedroom tax’, is pictured complaining about a so-called ‘tunnel tax’ in her own constituency in a blatant display of double standards.

WARNING: This article has been edited using the ‘Guide to DWP euphemisms’ published by Richard Hutton, and with inspiration from it.

New rules coming into force at the end of the month mean jobseekers will have to do more to find work – even though there are currently five of them for every job available – the Department for Work and Pensions has announced.

Simply ‘signing-on’ for benefits will be a thing of the past under the draconian and repressive new rules.

Employment Minister and double-standards queen Esther McVey has hailed the new rules as undermining the range of support available, which helps diminish aspects of the social security system so that it no longer protects anybody from being left impoverished – in this case by making sure people cannot start claiming Jobseeker’s Allowance (JSA) by just signing-on without first humbling themselves before the Tory-led government.

She said: “With the economy growing, unemployment falling and record numbers of people in work, now is the time to start expecting more of shirkers if they want to claim benefits. It’s only right that we should push people who are unemployed into such a depth of poverty that even ‘in-work’ poverty is a step-up.

“This is about taking support away from people and undermining the range of support available to them so they can hit rock bottom faster. In return, we will give people as much harassment as possible, to make them stop scrounging or face sanctions, because we know from employers that we have to break people’s spirit before they’ll work for a really low wage.”

To prepare for their first interview with a Jobcentre Plus adviser, people looking for work will be told they will not even be able to sign as unemployed until they have prepared a CV, set up an email address – even though they might not have a computer on which to use it – and registering with the government’s discredited jobs website Universal Jobmatch, which will expose them to identity thieves and exploiters looking for sex workers. This change will make it possible to exploit people as soon as they start their JSA claim.

People who don’t tow the line will receive more harassment from their Jobcentre Plus adviser – weekly rather than fortnightly – to ensure they can be cleared off the books via sanctions if it proves impossible to push them into poverty work.

All new JSA claimants will also now have a quarterly review with their adviser, who will try to find a reason to impose sanctions and get them off the books.

These new measures are being introduced as figures show the number of people claiming Jobseeker’s Allowance fell by over 363,000 on the year, the largest annual fall since 1998. This shows that the system of sanctions, putting people on Workfare to hide the fact that they are unemployed, and asking them to pretend that they are self-employed in order to fraudulently claim tax credits instead, is working.

The government is committed to sanctions and the vast majority of people are bullied off JSA quickly – more than 75 per cent of people end their claim within six months. Every working day Jobcentre Plus advisers shout at 98,000 interviews jobseekers and there are a range of ploys available to push them off the system. These include:

• Hiding them on the Work Programme
• Referring them for ‘training’ by companies that provide the minimum help available, take the money and run
• Putting people on pointless ‘work experience’ that won’t lead to a job but will clear them off the claimant count
• Fooling people with ‘incentives’ that mean nothing
• Getting people to pretend they are self-employed.

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Never mind literacy and numeracy, Mr Gove – let’s have a bit less duplicity

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academies, academy, Al-Madinah, Coalition, Conservative, Department, DfE, double standard, duplicity, education, free schools, government, inspection, inspector, Kenneth Baker, literacy, Michael Gove, Mike Sivier, mikesivier, Nick Clegg, numeracy, politics, secretary, teacher, Tories, Tory, trainee, Vox Political

Speaking with a forked tongue: The Education Secretary appears to have been exposed pushing double-standards into the school system. [Picture: Jonathan Brady/PA Wire]

The Department for Education has been parading the success of “more demanding” rules for teacher trainees – less than 10 days after swearing blind that people did not need to have any qualifications at all.

According to Michael Gove’s Department for Education, “new figures show that changes to toughen up the skills tests taken by prospective teachers have raised the quality of those entering the teaching profession”.

The rules, introduced in September 2012, mean “only high-quality candidates with good levels of literacy and numeracy go on to train to be teachers. This will raise standards in schools,” a DfE spokesperson said.

The press release states that 98 per cent of candidates in the 2011-12 academic year passed skills tests in both literacy and numeracy, meaning they could progress to qualified teacher status – but after the new rules came in, the proportion of passes dropped to 88 per cent – and this after three attempts.

The remaining 12 per cent did not pass both skills tests, including almost three per cent who failed three times and may not progress to teacher training for at least two years.

This is, in fact very good news for school pupils. Yr Obdt Srvt is the son of a teacher and has been well aware of a drop in standards over the last 20 or 30 years – probably since Kenneth Baker was Education Secretary.

There was a big effort to get unemployed people to train as teachers and it was around that time that literacy went out the classroom window, with teachers being permitted to ignore spelling mistakes in pupils’ work (or at least, that’s how it seemed). Numeracy nosedived with an over-reliance on pocket calculators or other such mechanical devices, rather than exercising youngsters’ brains.

That’s not to say that all teachers gave up on their subjects, of course. Teaching is not just a job; for most of the profession it is a vocation – what they were born to do – and many of them carry out their duties with exceptional ability, passion and, let’s not beat around the bush, flair.

But we have also seen the results of lacklustre teaching. Running a blog, one tends to read an appalling amount of bad English in the comments that are submitted. They can’t all be ascribed to difficulties that are particular to the person writing the comment – some are certainly the result of indifferent schooling.

And we see it in the real world as well. People who are perfectly capable of expressing themselves verbally in clear, cogent ways collapse completely when asked to put it in writing.

So the announcement is to be welcomed.

The problem is that it comes hot on the heels of a huge controversy over the quality of teaching in Michael Gove’s pet project, the ‘Free Schools’ system.

Vox Political reported on October 20 that the Al-Madinah Free School, serving 400 Muslim pupils in Derby, received the lowest marks possible from inspectors – in every category. Inspectors railed against the fact that teachers were not trained. Two unqualified head teachers also quit jobs at other free schools after criticism.

Nick Clegg, climbing on the bandwagon as is his way, made a speech in which he said unqualified people should not be allowed to teach in state-funded schools: “Frankly it makes no sense to me to have qualified teacher status if only a few schools have to employ qualified teachers…  I believe that we should have qualified teachers in all our schools.”

But the Department for Education hit back by claiming that head teachers of academies or Free Schools should have the freedom to employ untrained teachers, in the same way that private schools hire “the great linguists, scientists, engineers and other specialists they know can best teach and inspire their pupils”.

In the light of this statement, what are we to make of the latest announcement?

It seems that Mr Gove is trying to face in two directions at the same time. Doesn’t this make him two-faced? With Free Schools he seems determined to defend the employment of unqualified teachers, no matter how badly they wreck pupils’ education and future chances in life, but with the remaining state schools he seems equally determined to ensure that pupils have a higher standard of teacher, who has the qualification to prove it.

Or is it just that he wants to ensure that fewer people qualify to be teachers, leading to a shortage that would logically culminate in the employment of more unqualified people in the state sector?

Duplicity: The quality or state of being twofold or double.

Not a good standard for our education system.