High Court throws out Duncan Smith’s “flawed and tawdry” retrospective workfare law

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allowance, appeal, benefit, Cait Reilly, compensation, Court of Appeal, criminal, Department, Disability Living Allowance, dismiss, DLA, DWP, employment, ESA, european convention, government, High Court, human rights, Iain Duncan Smith, IB, illegal, Incapacity, Jobseeker's Allowance, Jobseekers (Back to Work Schemes) Act 2013, judicial review, loophole, Mandatory Work Activity, national interest, Pensions, Personal Independence Payment, PIP, Poundland, retroactive, retrospective, sanction, support, Supreme Court, trial, Vox Political, work, Work Programme, Workfare

Criminal: Iain Duncan Smith has made the UK government into a criminal regime, illegally victimising its most vulnerable citizens.

Iain Duncan Smith took an metaphorical slap in the face from the High Court today when Mrs Justice Lang said his retroactive law to refuse docked payments to jobseekers was not legal.

The Jobseekers (Back to Work Schemes) Act 2013 was rushed onto the statute books after the DWP discovered the rules under which it had docked Jobseekers’ Allowance from 228,000 people, who had refused to take part in Workfare schemes, were illegal.

The ruling does not mean that everyone who was penalised for refusing to take part, or for leaving the scheme once they had started it and realised what it was, may claim back the JSA that had been withdrawn from them.

But anyone who appealed against a benefit sanction on the basis of the previous decision will be entitled to win their appeals and be repaid the withheld benefits – as Vox Political advised at the time. That payout could be as high as £130 million.

The judge said retrospective application of the 2013 law conflicted with the European Convention on Human Rights and “interfered with the right to a fair trial” of all those affected.

(This is, of course, one reason why the government wants to repeal the Human Rights Act – your human rights obstruct ministers’ ability to abuse you.)

This is the latest twist in a legal challenge brought by Cait Reilly, a graduate who fell foul of the scheme, in 2012. She demanded a judicial review on the grounds that being forced to give up voluntary work in a museum (she wanted to be a museum curator) to stack shelves in Poundland breached her human rights.

Poundland no longer takes part in mandatory work activity schemes run by the UK government.

Her challenge succeeded when the Court of Appeal ruled that she had not been properly notified about the scheme. This meant that the government was guilty of criminal acts in removing benefit from Ms Reilly and hundreds of thousands of others.

In response, the Coalition passed an Act that retrospectively legalised its actions – but claimants argued that this was unfair and demanded their compensation.

In the meantime, Iain Duncan Smith’s own appeal was heard – and dismissed – by the Supreme Court.

And after the Act was passed, it became clear that the Coalition had known since 2011 that the policies it was enforcing do more harm than good and are not in the national interest.

Mrs Justice Lang said today (July 4) that “the absence of any consultation with representative organisations” as well as the lack of scrutiny by Parliamentary committees had led to “misconceptions about the legal justification for the retrospective legislation”.

The 2013 Act introduced a new “draconian provision, unique to this cohort of claimants” which was “not explained or justified” by the government in Parliament “at the time”.

Mrs Justice Lang rejected the Secretary of State’s assertion that flaws in the 2011 Regulations were simply “a technicality or a loophole”, that the 2013 Act sought to give effect to Parliament’s ‘original intention’ or that repayments to benefits claimants would be “an undeserved windfall”.

She also recognised that it would be “unjust to categorise the claimants in the Cait Reilly case as claimants “who have not engaged with attempts made by the state to return them to work”, as asserted by the Department for Work and Pensions.

“This case is another massive blow to this Government’s flawed and tawdry attempts to make poor people on benefits work for companies, who already make massive profits, for free,” said solicitor Phil Shiner of Public Interest Lawyers, who appeared for the unemployed.

“Last year the Supreme Court told Iain Duncan Smith and the Coalition government that the scheme was unlawful. In this case the High Court has now told the Government that the attempt to introduce retrospective legislation, after the DWP had lost in the Court of Appeal, is unlawful and a breach of the Human Rights Act and is a further disgraceful example of how far this Government is prepared to go to flout our constitution and the rule of law. [bolding mine]

“I call on the DWP to ensure that the £130 million of benefits unlawfully withheld from the poorest section of our society is now repaid.”

So there it is, in black and white. Iain Duncan Smith has made the Coalition government a criminal organisation, guilty of 228,000 human rights violations.

This is a serious matter; some of these people may have been put in serious financial hardship as a result of the Coalition’s actions. One hopes very much that nobody died but if they did, those fatalities should be added to the many thousands who have passed away as a result of Iain Duncan Smith’s homicidal regime for claimants of incapacity benefits.

Let us not forget, also, that we remain at the mercy of these tyrants. Iain Duncan Smith has announced he intends to waste yet more taxpayers’ money on another appeal. In the meantime, a DWP spokeswoman said the legislation remained “in force” and the government would not be compensating anyone pending the outcome of its appeal.

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Vigil to support judicial review for ESA claimants with mental health issues

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allowance, appeal, benefit, Department, Disabled People Against Cuts, DPAC, DWP, employment, Equalities Act, ESA, health, judicial review, Justice, mental health, Mental Health Resistance Network, MHRN, Mike Sivier, mikesivier, Pensions, people, reasonable adjustment, Royal Courts, sick, social security, support, The Strand, vigil, Vox Political, WCA, welfare, work, work capability assessment

Vigil: This was taken when the case was appealed in October 2013.

Does anybody fancy helping create a stir outside the Royal Courts of Justice next week? Don’t worry, you shouldn’t get arrested.

The courts will be the venue for the judicial review of government policy regarding claimants of Employment and Support Allowance who have mental health issues, from July 7-9. That’s between Monday and Wednesday next week.

On Tuesday (July 8), the Mental Health Resistance Network, supported by Disabled People Against Cuts, will be holding a vigil at the front entrance of the Royal Courts of Justice building on The Strand, between midday and 2pm.

The aim is to highlight the important issues around the case.

This should help: Buses 4,11,15,23,26,76,172 and 341 all stop at the front of the Royal Courts of Justice, 171, 188, 243, 521 and X68 stop at Kingsway and Aldwych Junction nearby. The nearest underground station is Temple (District Line), Holborn (Central and Piccadilly Line) and Chancery Lane, (Central Line).

Anyone with stories of how you have been affected by the Work Capability Assessment is invited to come and share them – and support the fight for justice.

So how about it?

DPAC’s website has this to say about the judicial review: “Two people who claim benefits on mental health grounds initiated a judicial review of the Work Capability Assessment (WCA), supported by the Mental Health Resistance Network (MHRN). In May 2013, the judges presiding over the case ruled that the WCA places mental health claimants at a “substantial disadvantage” and that the DWP should make “reasonable adjustments” to alleviate this.

“Often mental health claimants struggle to provide further medical evidence to support their claim for Employment Support Allowance (ESA) and may not be able to accurately self report how their mental health conditions affect them, either when completing forms or at face to face assessments. Many claimants are wrongly found fit for work and subjected to the stress of appealing the decision.

“The claimants who brought the case, DM and MM, asked the court to rule that the DWP should be responsible for obtaining further medical evidence at every stage of the process to improve the chances of a more accurate decision being reached about whether a person is able to work or to start preparing for work and to avoid the need for a face to face assessment in cases where this would be especially distressing for the claimant. In addition, claimants who are at risk of suicide or self harm would be more likely to be identified. In such cases, regulations 29/35 would apply. These regulations are intended to reduce risk of harm but the DWP often fail to identify who they apply to.

“The Department for Work and Pensions appealed the judgement. Their appeal arguments were mainly concerned with legal technicalities but in December 2013 the judges issued a ruling that upheld the original judgement in May. The DWP did not launch a second appeal.

“Under the Equalities Act of 2010, the Secretary of State for Work and Pensions is required to make ‘reasonable adjustments’ to mitigate any disadvantages experienced by disabled people. The forthcoming hearing will be concerned with establishing what adjustments the DWP should make to the WCA process. We already know from the original hearing that they plan to run a pilot study to assess the “reasonableness” of obtaining further medical evidence. We want to ensure that any study will be fair, honest and approached with an open mind. Unfortunately we find it hard to trust that this will happen.

“In his witness statement of July 2013 Dr Gunnyeon, Chief Medical Advisor and Director for Health and Well-Being at the DWP wrote, ‘ESA was designed to be a different benefit from Incapacity Benefit (IB), being a functional assessment rather than a diagnostic one. The face-to-face assessment is a key part of this process as the only truly independent part of the process. Moving away from this would, I believe, be a retrograde step which would seriously undermine the way in which the assessment process has been conceived and designed. It would represent a return to the position in Incapacity Benefit (IB), where claimants were “written off” on the basis of their diagnosis’.

“Most people would be amazed to learn that the DWP are fighting tooth and nail against having to consider a person’s actual problems when assessing them for benefits.”

For those who cannot attend the vigil, it is still possible show your support on Facebook and Twitter, using the hashtag #wcamentalhealth

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Defeated again over work schemes: Iain Duncan Smith loses his case in court

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abuse, appeal, Article 4 (2), benefit, benefits, Cait Reilly, Coalition, compensation, Conservative, Court of Appeal, death, Department, Department for Work and Pensions, die, DWP, european convention, government, health, human rights, Iain Duncan Smith, IDS, Jamieson Wilson, Jobseekers (Back to Work Schemes) Act 2013, judicial review, Mandatory Work Activity, mental, Mike Sivier, mikesivier, Mr Justice Foskett, Pensions, people, politics, Poundland, power, Public Interest Lawyers, repay, retrospective, returned to unit, RTU, rule, rule of law, ruling, sanction, social security, suicide, Supreme Court, taxpayer, Tories, Tory, undermine, unemployment, Vox Political, welfare, work, Work Programme, Workfare

Victory at last: The Supreme Court’s ruling means vindication for Cait Reilly, who has spent nearly two years battling against a system that costs the taxpayer millions while failing to increase employment.

It’s a return to the drawing-board for the man we call ‘Returned To Unit’ after the Supreme Court ruled against Iain Duncan Smith’s Workfare appeal.

The five Supreme Court justices upheld a Court of Appeal decision, made against the government in February.

The case had been brought by Cait Reilly, a geology graduate who, while unemployed but volunteering at a local museum in order to gain experience towards getting a curator’s job, had been ordered by the Department for Work and Pensions to work for her benefits, stacking shelves at Poundland.

It should be remembered that Poundland is perfectly capable of employing its own workers on full wages. At the time, it ran 390 stores nationwide and made £21,500,000 profit in 2010 – enough to employ extra staff at all its branches and still make a good profit.

The amount it was saving by not paying Ms Reilly, coupled with the fiscal multiplier that adds around 60p to every pound she would have earned if she had been an employee, means Poundland could have made a £1,188.48 profit from the work she was doing for the firm at the taxpayers’ expense.

Total profit for all companies using benefit recipients on ‘Mandatory Work Activity’ between June 2011 and July 2012 (878,000 people): £894, 416, 090 – nearly £1 billion.

Loss to the taxpayer: £16,933,000 (not including payments to Work Provider companies).

Together with another claimant, Jamieson Wilson, Ms Reilly brought a judicial review against the scheme, claiming it was a violation of human rights under article 4 (2) of the European Convention on Human Rights: “No one shall be required to perform forced or compulsory labour” – and the government lost the case.

Mr Justice Foskett stated: “Her original complaint arose from what she was wrongly told was a compulsory placement on a scheme that (a) impeded her voluntary efforts to maintain and advance her primary career ambition and (b) having embarked upon it, from her perspective, did not offer any worthwhile experience on an alternative career path. It is not difficult to sympathise with her position from that point of view.”

At the time (August 2012), the right-wing media slanted their reports to make it seem that Ms Reilly and Mr Wilson had lost, but this was soon rectified because the government appealed against the ruling, which stated that, if Ms Reilly had been properly informed of the regulations, she would not have been led to believe she was being put into forced labour.

The problem for Mr… Smith was that Ms Reilly and Mr Wilson were not the only ones to have been misled in this way, and the ruling opened up the government to claims for compensation, from thousands of benefit claimants, for millions of pounds that had been taken away from them because they had refused to take part in the ‘work-for-benefits’ schemes. The illegality of the regulations meant the DWP, under Iain Duncan Smith’s supervision, had broken the law more than 228,000 times – RTU is a criminal more than a quarter of a million times over.

In any case, evidence quickly piled up, proving that Workfare doesn’t work. During its first 14 months, only 3.53 per cent of jobseekers who took part in the government’s mandatory work activity programme – of which Workfare is a part – actually found a job for six months or more. They would have had a better chance of finding a job if the work programme had not existed.

This did not prevent the Department for Work and Pensions from appealing against the ruling and, in February, the Court of Appeal responded – by upholding the claim that the scheme was unlawful.

This meant that anyone who was penalised for refusing to take part, or for leaving the scheme once they had started it and realised what it was, could claim back the Jobseekers’ Allowance that had been withdrawn from them for non-compliance. The payout could have been as high as £130 million.

Smith wasn’t going to have any of that! He launched emergency legislation to reverse the outcome of the decision and change the regulations retrospectively, making it impossible for benefit claimants to demand payouts of between £530 and £570 each for decisions made while the illegal rules were in force.

Lawyers and campaigners branded the DWP’s move as “repugnant” and “unbelievably disgusting”, saying it undermined the rule of law. This blog concurs with that assessment. It is an appalling abuse of governmental power.

But the government succeeded in undermining the rule of law after all but a few members of the Labour Party allowed it to pass, having negotiated a few “safeguards” that have proved to be useless in practice.

Fortunately, some people have a little more backbone and Ms Reilly and Mr Wilson took their case to the Supreme Court. It is from this body that today’s – final – judgement has come.

Now comes the nitty-gritty.

After the introduction of the emergency law, the solicitors Public Interest Lawyers (PIL), who represent Reilly and Wilson, lodged a judicial review accusing RTU of conspiring to undermine basic human rights by enacting the retroactive legislation. They say they will continue to pursue that judicial review after their success in the supreme court.

A spokesperson for PIL said: “Following today’s judgment, any… jobseekers can object to sanctions that have been imposed and seek the repayment of their benefits. It is truly staggering that Duncan Smith has found himself in this position even after fast-tracking emergency retrospective legislation through parliament. We intend to work with advice organisations to ensure that, following this ruling, affected individuals have the right information and assistance.”

It seems the firm believes the retrospective part of the Jobseekers (Back to Work Schemes) Act 2013 is no longer valid. That means all 228,000 Workfare victims who were penalised by the DWP will be able to claim their compensation and force the £130 million payout.

Not only that, but it seems reasonable that a legal penalty should be imposed on ‘RTU’ himself. Not only did he enforce the schemes under the illegal regulations, but he also imposed a lengthy and costly legal battle on those who stood up against it, even though it had been found to be wrong in law.

Who knows how much hardship this has caused to people who were already on the breadline before his brutal sanctions were imposed?

How much despair has he caused to people who had no other means of support?

Has anybody died because of this – through health problems, mental health issues leading to suicide, or for other reasons?

It is time for the people who have been most seriously affected by this to get together and start talking to lawyers – Public Interest Lawyers might be a good place to start – about getting restitution from the man who caused this mess.

The taxpayer may well have to foot the bill for the illegal benefit sanctions, and that is only right. They should never have been imposed in the first place and this will only set matters straight.

But the individual minister who caused this should not get away without paying a personal penalty.

Let’s have some accountability in government, Mr… Smith.

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More dodgy numbers on jobs for the disabled from the fake statistics machine

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Access to Work, aid, avoidance, benefit, benefits, business, Coalition, commission, competitive, Conservative, Democrat, Department, Department for Work and Pensions, disability, disabled, discriminate, DWP, economy, electorate, Employment and Support Allowance, equipment, ESA, firm, government, Group, haven, innovation, insolvent, job, Jobseeker's Allowance, judicial review, Lib Dem, Liberal, mental health, Mike Sivier, mikesivier, Pensions, people, Plan for Growth, politics, private sector, provider, self employ, skills, social security, support, supported internship, tax, tax system, Tories, Tory, trainee, travel, Treasury, unemployment, Vox Political, welfare, work, work experience, Work Programme, work-related activity, WRA, WRAG, young, Youth Contract

Making up the numbers: Thousands more disabled people are becoming self-employed, contributing to a huge boost in the number of private businesses – or are they?

Someone in the Coalition government needs to watch what they’re saying – otherwise people all over the UK might come to unintended conclusions.

Take a look at this: “Over 2,000 more disabled people got the support they needed to get or keep their job, compared with this time last year, official figures released today (22 October 2013) show” – according to a Department for Work and Pensions press release.

It goes on to say that the number of people receiving support under the Access to Work programme between April and June this year increased by 10 per cent on the same period last year, to 22,760. Access to Work “provides financial help towards the extra costs faced by disabled people at work, such as support workers, specialist aids and equipment and travel to work support”.

Apparently the new stats show the highest level of new claims since 2007 – 10,390; and more people with mental health conditions than ever before have taken advantage of Access to Work.

The press release also states that young disabled people can now get Access to Work support while on Youth Contract work experience, a Supported Internship or Traineeship; and businesses with 49 employees or less no longer have to pay a contribution towards the extra costs faced by disabled people in work. It seems they used to have to pay up to £2,300 per employee who uses the fund.

Now look at this: According to a press release from the Department for Business, Innovation and Skills, the number of private sector businesses in the UK increased by 102,000 between the beginning of 2012 and the same time in 2013.

There are now 4.9 million private businesses in the UK, with those employing fewer than 50 employees comprising nearly half of the total.

Some might think this is brilliant; that the DWP and BIS are achieving their aims of boosting private-sector business and finding work within those businesses for disabled people.

But dig a little deeper and a more sinister pattern emerges.

Doesn’t this scenario seem odd to anybody who read, earlier this year, that the DWP was having deep difficulty finding work for disabled people from the ESA work-related activity group?

Or, indeed, to anybody who read the BBC’s report that work advisors were pushing the jobless into self-employment?

Isn’t it more likely that the DWP and Work Programme providers, faced with an influx of disabled people into the programme from the ESA WRAG at the end of last year, encouraged them to set up as self-employed with their own businesses in order to get them off the claimant books?

Does it not, then, seem likely that a large proportion of the 22,760 getting help from Access to Work were offered it as part of a self-employment package that also, we are told, includes start-up money (that admittedly tapers away over time) and tax credits. The attraction for WP providers is that they would earn a commission for every claimant they clear off the books in this way.

So it seems likely that a large proportion of the 22,760 may now be self-employed in name alone and that these fake firms are included in the 102,000 new businesses lauded by BIS.

Is it not logical, therefore, to conclude that these are not government schemes, but government scams – designed to hoodwink the general public into thinking that the economy is improving far more than in reality, and that the government is succeeding in its aim to bring down unemployment?

The reference to jobs for people with mental health problems would be particularly useful for a government that has just appealed against the result of a judicial review that found its practices discriminate against this sector of society.

Some might say that this conclusion is crazy. Why would the government want to release information that directly indicates underhanded behaviour on its part?

The answer is, of course, that it would not. This government wants to convince an undecided electorate that it knows what it is doing and that the country’s future is safe in its hands. But its right hand doesn’t seem to know what its left is doing – with regard to press releases, at the very least.

And let’s not forget that, since the Coalition came into office, 52,701 firms have been declared insolvent and 379,968 individuals. Around 80 per cent of new self-employed businesses go to the wall within three years.

Therefore we can say that, in trying to prove that it is competent, the Coalition government has in fact proved the exact opposite.

So someone really needs to watch what they’re saying – if they don’t want people all over the UK to come to unintended conclusions!

AFTERTHOUGHT: The BIS press release adds that the government’s ‘Plan for Growth’, published with the 2011 budget, included an aim to create “the most competitive tax system in the G20”. By “competitive” the Treasury meant the system had to be more attractive to businesses that aim to keep as much of their profits away from the tax man as possible. It is a commitment to turn Britain into a tax haven and the VP post earlier this week shows that the government has been successful in this aim. What a shame that it also means the Coalition government will totally fail to meet its main policy commitment and reason for existing in the first place: It can’t cut the national deficit if the biggest businesses that operate here aren’t paying their taxes.

Bedroom tax decision: So Cameron has committed contempt of Parliament too

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Act, appeal, bedroom tax, benefit, benefits, children, Coalition, Conservative, contempt, corrupt, David Cameron, Department for Work and Pensions, disability, disabled, discretionary housing payment, equalities, evict, falsehood, government, health, High Court, homeless, Hopkin Murray Beskine, human rights, Iain Duncan Smith, judicial review, Leigh Day, lie, Lord Freud, Mike Sivier, mikesivier, Parliament, people, politics, Public Law Solicitors, sick, social security, spare room subsidy, under occupancy charge, Vox Political, welfare

It was hardly the resounding victory on which the government must have been depending; faced with a ruling in favour of the DWP, the 10 families who brought a judicial review against the bedroom tax just said, “We will have to appeal.”

The High Court ruled yesterday that the change to housing benefit, subtracting amounts according to whether tenants had one or more ‘spare’ rooms according to arbitrary guidelines laid down by the DWP, do not breach the human rights of disabled people.

The families – all disabled or parents of disabled children – had challenged the changes, claiming violations of the Human Rights Act and the Equalities Act.

The DWP was quick to get a comment out to the press. Unfortunately for ministers, it was shrill in tone and undermined the department’s case.

A DWP spokesperson said: “We are pleased to learn that the court has found in our favour and agreed that we have fulfilled our equality duties to disabled people. Reform of housing benefit in the social sector is essential, so the taxpayer does not pay for people’s extra bedrooms.”

(Let’s just pause to bear in mind that one of the architects of the bedroom tax is Lord Freud, whose eight-bedroom mansion is indeed funded by the taxpayer. How many extra bedrooms is that?)

“But we have ensured extra discretionary housing support is in place to help those who need it and today we have announced a further £35m of funding to councils to aid residents.”

That’s right, there is a discretionary fund that councils can use to help social housing tenants. At £150 million, it is considered woefully inadequate for the task.

The fact that the DWP announced a further £35 million for this purpose indicates that the government thinks so, too. So, despite insisting that they are fulfilling their duties, ministers under Iain Duncan Smith are also admitting that they aren’t.

Meanwhile, lawyers representing the families who launched the legal challenge released comments of their own, in which they made it perfectly clear that they were not going to go down without a fight.

A statement from Leigh Day, one of the three law firms representing the claimants, said: “The Court found that the Secretary of State has been aware that the law must be changed to provide for disabled children since May 2012, and they were highly critical of his failure to make regulations to provide for them. Lord Justice Laws said that the current state of affairs ‘cannot be allowed to continue’.

“The Government must now make regulations ‘very speedily’ to show that there should be ‘no deduction of housing benefit where an extra bedroom is required for children who are unable to share because of their disabilities’.”

This means Iain Duncan Smith has known for more than a year that the bedroom tax would discriminate against disabled children, and has done nothing about it. One can only wonder which of his beliefs justified this cruelty.

The Leigh Day statement continued: “The court held that discrimination against adults with disabilities, even those in the same situation to children with disabilities who could not share a room, was justified. Lawyers for adults with disabilities today said that they believe this cannot be right. They should be entitled to full Housing Benefit for the accommodation they actually need.

“Lawyers for adults with disabilities… confirmed that they intend to appeal the ruling, arguing that the discriminatory impact of the measure on people with disabilities cannot be justified and is unlawful.

“Disabled children and their families also intend to appeal as they are now left in a position where they do not know whether in fact they are entitled to full housing benefit to meet the costs of the homes that they need. This is because the Government has declined to confirm that the new regulations, which the court says must be made, will cover their situations, or to provide a date by which the new regulations will be made.

“Since the new housing legislation was introduced it has had a devastating effect on many people across the country. Charities, social landlords and advice agencies have spoken out about the plight of people with disabilities who have been affected by the measure.

Richard Stein from the Human Rights team at Leigh Day added: “We will be seeking an urgent appeal to the Court of Appeal. Many people with disabilities including our clients may lose their homes unless the law is changed. Their lives are already difficult enough without the fear of losing their accommodation, which has been provided specifically to meet their exceptional needs.”

Two other law firms are representing the claimants: Hopkin Murray Beskine and Public Law Solicitors.

Rebekah Carrier of Hopkin Murray Beskine said: “The Government’s position in relation to disabled children is incomprehensible. In May 2012, the Court of Appeal held that the Secretary of State was discriminating against disabled children who need to share a bedroom because of their disabilities, yet by February 2013, when these proceedings were issued, no action had been taken.

“The Prime Minister then told the House of Commons in March that disabled children were exempt, when this was plainly not the case. When he was questioned, the Government rushed out a circular to local authorities, which suggested that the rule may not apply to some disabled children; yet the Government continued to fight this case.

“It is no wonder local authorities and affected children and families are confused.”

She said: “We are pleased that the court has recognised that the current situation is not acceptable and that the Government must act quickly. We are disappointed however that the Government has delayed for so long already and is still foot-dragging.

“Until it is absolutely clear that these claimant families and others like them will not have their benefit cut on the basis that they live or hope to live in homes which meet their children’s needs, these claimants, like the disabled adults, have no choice but to appeal.”

Emma Burgess from Public Law Solicitors said: “The Government has failed to recognise that many people with disabilities will not be able to make up the shortfall in rent by working or taking in a lodger; and many will not be able to move due to the nature of their disabilities. The Discretionary Housing Payment scheme ‘safety-net’ relied on by the government is inadequate to plug the gap.

“A July survey by the Papworth Trust, backed by the National Housing Federation , said nine out of 10 disabled people are cutting back on food or bills to pay the bedroom tax if they are refused a safety-net housing payment.

“Left unchanged these measures will see disabled people facing eviction and homelessness.”

So yet again we have a Secretary of State who knew there was an urgent need for action to rectify his flawed policies but – as in so many other cases we have witnessed – did nothing.

And our sorry excuse for a Prime Minister actually lied to Parliament about the threat to disabled children – let’s say that again, to DISABLED CHILDREN!

This blog has already called for Iain Duncan Smith to be thrown out of Parliament for the contempt he has shown that institution by knowingly telling falsehoods to its members. It therefore follows that David Cameron should suffer the same fate.

The longer they remain in office, the more we may conclude corruption has set into the highest level of government.

And there is no way they can argue that the relevant legislation was only recently found to be inadequate. Look at this comment from Esther McVey, Tory minister for disabled people, in The Telegraph: “This has gone through a lot of reviews, it has gone through a lot of decision-making and it’s taken a long period of time.” So there is no excuse for the dog’s breakfast that the High Court upheld with yesterday’s decision.

Fortunately, there are developments among the Opposition that will hearten anyone fighting the bedroom tax.

In a letter to constituency Labour organisations, Peter Wheeler, a member of the Labour Party’s National Executive Committee has stated: “To win the election it is vital that we are very clear with the electorate that a Labour Government will offer real hope to people suffering under this government.

“One of the key issues will be the bedroom tax. We need to be very clear that a Labour Government will abolish this wicked piece of Tory legislation.” He went on to call for constituencies to demand that this will be a part of the Labour election manifesto in 2015.

Oh – one more thing: The Tories are still referring to the bedroom tax in terms of removing a ‘spare room subsidy’. Let’s just remind them that there is no such thing. If there was, then they should be able to tell us when this amount was added to housing benefit payments and what piece of legislation made it possible. Was it an Act of Parliament? I’m sure we’d all like to know.

(The first collection of Vox Political articles, Strong Words and Hard Times, is available now in paperback or as an eBook, containing the best articles from 2012, fully supported with a large ‘footnotes’ section in which you can actually connect to internet links, if you’re reading on a device that supports this kind of activity.)

Perverting the course of justice: Once a crime, now government policy

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Chequebook justice: Your unelected government wants to ensure that nobody can challenge its policies and decisions – by putting justice within the reach of only the wealthy.

David Cameron and Chris Grayling have been messing with the justice system again. This time, according to The Telegraph, they are planning to make it “tougher” for judicial reviews to be brought to court, to stop the process being “abused” by pressure groups and campaigners.

There’s a lot of Telegraph-speak in that first paragraph, as the Tory-supporting newspaper was working desperately to make governmental perversion of justice acceptable. What this actually means is that Cameron wants to make it impossible for organisations that are capable of mounting legal opposition to unreasonable Conservative/Coalition policies ever to do so.

The only people able to seek judicial reviews of government policy would be individuals who are directly affected – and the government is hoping that these mostly poor people would be unable to afford the cost, thanks to changes in Legal Aid that mean it could not be claimed for welfare or employment cases.

You see how this works? With those changes to Legal Aid and the possibility of wholesale privatisation of the entire court system, where justice was once open to everyone, it will soon be a privilege available only to the wealthiest in the UK.

To Cameron, and his crony Grayling, justice isn’t for you. In fact, it won’t be for anyone. The UK will be about money and power, just as Michael Meacher stated in his recent blog article.

So, for example: The ‘Poundland’ case, which The Guardian reported was to be heard in the Supreme Court yesterday (Monday). The original judicial review was launched in the names of Cait Reilly and Jamieson Wilson, who were both directly affected – but were both unemployed and penniless, and therefore could not afford to take the case to court on their own. Their case was brought with the aid of Public Interest Lawyers – who would most likely be barred from taking part, being considered a pressure group with no direct interest in the matter.

The original case resulted in the government taking the unusual – and highly suspect (in legal terms) – step of passing an emergency retroactive law to legalise its employment schemes, after the tribunal ruled that all of the Coalition’s schemes were acting illegally and opened the government up to a potential £130 million worth of claims for wrongfully-withheld benefits.

PIL has now started a second judicial review – on the retrospective law – claiming it undermines its clients’ right to justice and violates article 6 of the European Convention on Human Rights. Under the new procedures this, too, would be inadmissible.

On the same lines, the judicial review that ruled (in May) that the test used to decide whether people are fit for work actively discriminates against the mentally ill, brought by the Black Triangle Campaign with the charities MIND and Rethink Mental Illness, would also be inadmissible.

So we have examples in which it is clearly in the interests of justice for new laws to be challenged – but which would be blocked outright under Cameron and Grayling’s plan.

According to The Telegraph, “Ministers plan to change the test for applying for a review so that only people with a direct link to policies or decision can challenge it, rather than anyone with a ‘sufficient interest.’

“The concerns echo those of the Prime Minister who previously said the judicial review process was slowing the country’s economic growth as well.”

In fairness, the paper adds: “There are fears that changing the judicial review process could lead to government decisions going unchecked, and charities have also raised concerns about not being able to use the process to challenge decisions and ensure the government is meeting its obligations.”

Meanwhile, Unison has been given leave to launch a judicial review of the introduction of fees for workers seeking employment tribunals.

The BBC reported that people wanting to bring tribunals must now pay a fee for the first time since they were created in the 1960s. It will cost £160 to lodge a claim for matters such as unpaid invoices, with a further charge of £230 if it goes ahead.

More serious claims, such as for unfair dismissal, would cost £250 to lodge, and a further £950 if the case goes ahead.

The plan here is clearly to make it impossible for an unfairly-sacked worker to take a firm to judicial review; how many poorly-paid working class people (and remember, wages have fallen by nine per cent since the credit crunch) have twelve hundred quid knocking around in their back pockets?

“The introduction of punitive fees for taking a claim to an employment tribunal would give the green light to unscrupulous employers to ride roughshod over already basic workers’ rights,” Unison general secretary Dave Prentis told the BBC.

“We believe that these fees are unfair and should be dropped.”

The judicial review will take place in October. Considering Lord Judge’s recent change of heart over privatisation of the courts, it’s a safe bet that by then the government will have ‘persuaded’ any judges hearing the case to support the new charges.

As Mr Meacher wrote: David Cameron’s instincts are “that there is no such thing as the rule of law, and that the only things that ultimately matter are power, fear and money”.

DWP allowed to appeal against ruling that ‘fitness for work’ test is illegal

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appeal, Atos, benefit, benefits, Black Triangle, Cait Reilly, Coalition, Conservative, Department for Work and Pensions, disability, disabled, discriminate, DWP, Employment and Support Allowance, Equalities Act, ESA, fit, for, government, health, Iain Duncan Smith, illegal, illness, Incapacity Benefit, Jamieson Wilson, judicial review, Liberal, Liberal Democrat, mental health, Mike Sivier, mikesivier, network, Paul Jenkins, people, politics, problem, resistance, rethink, sick, social security, Tories, Tory, Vox Political, WCA, welfare, work, work capability assessment

All rise: The British court system is supposedly the best in the world – but can we trust it to make the right decision when it is the government that is appealing against a ruling?

It may have taken almost a month and a half, but judges have agreed to let the Department for Work and Pensions appeal against the judgement that the work capability assessment discriminates against people with mental health problems.

According to the Mental Health Resistance Network the DWP was denied permission to appeal on the first attempt.

Iain Duncan Smith’s lackeys then resorted to a second route – applying directly to the Court of Appeal – and it was this court that granted permission.

A spokesperson for the Mental Health Resistance Network said: “This is not the news we wanted, but the Tories were never going to give up without a fight as they are desparate to destroy our welfare state.

“Needless to say we will be fighting back.”

Vox Political was one of many who reported, back in May, that a judicial review had ruled that the work capability assessment actively discriminates against the mentally ill.

The tribunal found that, no matter how ill or even delusional a person may be, the system places on them the responsibility for gathering their own medical evidence and sending it in – otherwise the material will not be considered.

For the DWP to win at appeal, it will have to prove that this is possible for anyone, no matter how severe their mental illness may be.

The current system, for which the DWP lost the judicial review, means that paperwork sent in by anyone else on behalf of a patient with mental illness may be ignored and their ability to work judged using evidence from a 15-minute interview with a stranger who is unlikely to have had any mental health training, and who has no idea what expert opinion has to say.

Vox Political said at the time that we all knew Iain Duncan Smith would not accept this. That prediction has been borne out by current developments.

Paul Jenkins, CEO of Rethink Mental Illness, said after the tribunal decision that it meant the government should halt the mass reassessment of people receiving incapacity benefits immediately, until the system is fixed.

Does anybody think this has happened?

If not, then the government has been acting illegally for almost a month and a half. It is to be hoped that the appeal tribunal takes this into account when considering its decision. If assessments have continued, then the DWP has shown flagrant disregard for the legal process.

Such behaviour would also add emphasis to the Black Triangle Campaign’s comment in May, that the assessment system was “completely at odds with the government’s repeated insistence that mental health is a top priority”.

The campaign’s spokesperson said it was “sad that it took a court case to force the DWP to take action”.

It’s even more sad that the only action so far has been an appeal against the decision.

Some commentators speculated that Iain Duncan Smith might introduce retroactive legislation to re-legalise the work capability assessment – as he did with workfare after Cait Reilly and Jamieson Wilson won their cases against the department.

Unfortunately for him, the current controversy involves a breach of the Equalities Act, which has far-reaching effects.

If he tries to repeal it, we’ll know two things for sure:

1. Iain Duncan Smith is a dangerous fool.

2. The Coalition government has no respect for the rule of law.

To be honest, we knew both of those already.

Why did the DWP push ahead with illegal sanctions, knowing they don’t do any good?

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allowance, benefit, benefits, Cait Reilly, Chris Grayling, Coalition, Conservative, Department, Department for Work and Pensions, despair, DWP, employment, ESA, esther mcvey, government, health, Iain Duncan Smith, Jobseeker's Allowance, Jobseekers (back to work schemes) Bill, judicial review, Maria Miller, mark hoban, Mike Sivier, mikesivier, national interest, Parliament, Pensions, people, politics, sanction, sick, Skwawkbox, social security, suicide, Suicide Act 1961, support, Tories, Tory, unemployment, Vox Political, WCA, welfare, work, work capability assessment, Work Programme, Workfare

Don’t shrug your shoulders, Smith! It’s time the people of the UK found a way to make him care about the deaths he is causing.

Today’s article on the Skwawkbox blog is extremely interesting, for anyone with an interest in the public services and the welfare state.

It seems the Department for Work and Pensions has pushed ahead with a regime including the Work Programme and the sanctions imposed for those who refuse to take part, and even changed the law to reinforce its position, despite having documentary proof that is two years old, showing that these policies do more harm than good and are not in the national interest.

You can read the article here to get the full picture. The gist is that a DWP report from 2011 advised the secretary of state, Iain Duncan Smith, that these policies were a bad idea – but he went ahead with them anyway.

So the report concludes that the Work Programme, and other training programmes imposed by the DWP, cause harm by preventing people from looking for work and forcing them to attend useless training sessions (as flagged up in this Vox Political article).

It admits the policy harms people who were already involved in training or volunteer work – on their own initiative – because they had to end it to take part in ‘mandated’ training or face sanction if they declined (Cait Reilly, for a much-publicised example).

People who didn’t attend, didn’t complete or rejected a training course because it was unsuitable were still sanctioned (even though the policy states – and the government has adamantly claimed for many months – that this does not happen. Transport difficulties and childcare problems were also flagged up as potentially leading to sanctions, even though they were not the fault of the jobseeker.

The report went on to criticise the sanctions regime – because it is harmful not only to the jobseeker but to members of that person’s family and friends as well. This is because it forces them to rely on family and friends for their survival, if they are lucky enough to have such people around to help; it damages family relationships and harms the well-being of low-income families who have to stretch their resources to help a sanctioned person, including younger brothers or sisters who have to rely on the money earned by their elders for their own sustainance. In other words, not only do sanctions harm individual jobseekers, but they also harm people who have had nothing to do with the benefits being suspended. As Steve Walker writes, that is “about as unjust as you could possibly get”.

There’s more, but you should visit the article because I want to ask a few more, searching, questions.

We’ve seen that the DWP was warned against imposing Workfare onto people who were already involved in training or volunteer work that they had initiated themselves. Isn’t that exactly what happened to Cait Reilly?

Then, rather than admit its mistake, pay her back the money she had lost through sanctions and let her go back to the volunteer work that might actually help her get a long-term career, the government forced her to take the matter to a lengthy (and, one expects, expensive) judicial review to prove her case.

When Ms Reilly won at the Court of Appeal (meaning the costs had to be paid by the DWP), it meant that tens – maybe hundreds of thousands of jobseekers who had been wrongly sanctioned could claim their money back. Mr… Smith immediately told the world that he wasn’t putting up with that and, diverging even further from the path of wisdom, tabled a Parliamentary Bill to change the law, in order to keep the money he and his department had stolen – yes, I think ‘stolen’ is the appropriate word – from the many taxpayers they had wronged.

Faced with this evidence, one finds it necessary to ask: In the name of sanity, why?

Why go ahead with a policy that cannot possibly be in the national interest? It stops people getting jobs; it harms jobseekers, their families and friends; it drives them to despair.

It drives them to despair.

Another recent article came our way via Facebook, and relates to the Suicide Act, 1961. It draws attention to the fact that the DWP and the wider UK government has been told, repeatedly and at length, that its policies are leading to suicides. The article itself refers to the many deaths we know take place every week because of the work capability assessment for Employment and Support Allowance, but it is also known that jobseeker suicides rise by around 10 per cent during times of high unemployment and the figures should be available to support a contention that this is taking place now.

The article goes on to say that continuing to authorise procedures that are known to end in suicide – as Iain Duncan Smith and his various lieutenants, Mark Hoban, Esther McVey, Chris Grayling and Maria Miller, have done – may therefore be viewed as procuring suicide from the disabled and otherwise disadvantaged population of the UK.

This is a criminal offence under the Suicide Act, 1961.

So it seems we have a government that has ignored the advice of its own reports in order to pursue a course of criminality that has led (as we all know) to many thousands of deaths.

Does anybody feel like calling the police?

DWP: Denial With Prejudice?

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Atos, benefit, benefit cap, benefits, carer, children, Coalition, Conservative, Department for Work and Pensions, disability, Disability Living Allowance, disabled, discriminate, DLA, DWP, Employment and Support Allowance, Equality Act, error, ESA, fraud, government, health, High Court, Iain Duncan Smith, ill, Incapacity Benefit, Inside Housing, Jobseeker's Allowance, judge, judicial review, Major Projects Authority, mental, Mike Sivier, mikesivier, minority, people, Personal Independence Payment, PIP, politics, racial, religious, sick, social security, three strikes, Tories, Tory, unemployment, Universal Credit, Vox Political, WCA, welfare, women, work capability assessment

Despite being beleaguered with defeat in the courts, the threat of further legal action for a different reason, and criticism that a flagship project is likely to fall flat on its arse, the DWP denial machine steams onward.

The fact that it continues to do this flies in the face of logic – but then, this blog has consistently argued that logic has nothing to do with DWP decisions. How can it? This is the government department with Iain Duncan Smith at the helm.

We all know that the Department of Welfare Persecution lost a court case last week, when High Court judges found that the regulations covering assessment of the mentally ill for Employment and Support Allowance break the Equality Act.

Yesterday it was reported – in Inside Housing, because none of the mainstream media would dream of reporting anything that criticises our alleged government – that no fewer than four families have launched a judicial review against the government’s benefit cap on grounds that it is “discriminatory and unreasonable”

They will argue that Mr… Smith did not take into account the impact of the policy on women, children, the disabled, racial and religious minorities, and carers when formulating the policy. Two of the families are expected to immediately fall into rent arrears and face eviction and street homelessness, because their rent exceeds the level of the cap – £500 a week.

And two of the families have fled domestic violence in circumstances where they were financially reliant upon their abusive partners and now risk losing their homes.

The DWP says the benefit cap sets “a fair limit” on what people can get from the state, which is not more than “£500 a week, the average household income”.

The average household income, once state benefits to which they are entitled is taken into account, is currently £605 per week.

On the same day that this new legal challenge was reported, the government itself revealed that it considers the Department of the Wastefully imPracticable’s flagship Universal Credit scheme to be in serious difficulty.

The Major Projects Authority has given it “amber-red” status, which denotes a project in danger of failing – and it wasn’t alone. Also in danger were the department’s fraud and error programme and its plan to introduce the new Personal Independence Payment, which is intended to replace Disability Living Allowance.

The DWP has argued that the rating is out of date, reflecting where the project was eight months ago – but this is clearly nonsense. Eight months ago, the government was telling us that Universal Credit was on track. Now it is saying this is no longer the case.

Also, any fool can say that the evidence is out of date because all statistics used in such reports are from a point in the past. That doesn’t mean they are inaccurate.

In the United States they have – or had – in their justice system a convention known as the “three-strikes law”. This was a statute enacted by state governments which demanded harsher sentences on habitual offenders who are convicted of three or more serious criminal offenses.

Since we in the UK seem to be adopting more and more American policies (their rubbish health system springs immediately to mind), perhaps we should adopt this system. Iain Duncan Smith has already lost in the courts on workfare and on the work capability assessment.

If he loses on the benefit cap, that will be the third strike against him and he should be ejected from government (if this has not already happened by then) along with all the silly so-called ministers who support him.

With new minds at the top of the DWP, its possible that Universal Credit would then be halted and we could see a return to something approximating sanity.

I doubt it, but hope springs eternal.

The future’s terrifying – if the future’s Tory

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benefit, benefits, Conservative, debt, deficit, disability, disabled, economy, education, Europe, european union, flat rate, Free School, government, health, income, insurance, judge, judicial review, law, Michael Gove, Mike Sivier, mikesivier, national, National Health Service, NHS, Parliament, pay, people, police, politics, private, profit, regional, road tax, sick, social security, tax, Tories, Tory, unemployment, unum, Vox Political, welfare

What does the future have in store for the UK, if the Conservatives win the 2015 election?

It seems sensible to conclude my loose series on the current changes to social security benefits – see here, here, here, here and here – by taking a look at what we know they have planned, and what we can reasonably expect from them. Some of this comes from the document ‘2020 Vision’, which has been produced by a group of Conservative Parliamentarians; some is just pushing current activity to a logical conclusion.

It’s all horrifying. Let’s have a look:

1. Conservative ministers to be above the law. That’s right; they want their future governments to be answerable only to Parliament, not to judges. Apparently they think the possibility of judicial review when they make illegal decisions means that the system is too slow. Of course, being answerable to Parliament means being answerable to nobody because a Conservative majority means Parliament will rubber-stampe anything they do, no matter how hare-brained, harmful or tyrannical.

2. NHS to be fully privatised. Of course this is already well on its way now, with the collusion of the right-wing press in keeping some of the major changes quiet. Just take a look at some of the measures being brought in by Jeremy Hunt, right now, if you don’t believe me.

3. Benefits system to be privatised. There has been some discussion of this on the blog already. The idea is simply to switch the system from being nationwide and run by the state to a patchwork of private insurance, run by private companies, for profit. From what’s being said, the biggest player in this would be Unum, the disgraced American company which is already doing considerable damage in the Netherlands, from what one reader has been telling us.

4. Police to be privatised. This is being piloted in certain parts of the UK already. Of course, with private companies running a police service for profit, only the rich will be able to afford their services. In other words, its a wheeze to ensure the poor lose what little luxuries they currently have and are unable to turn to our law guardians for justice.

5. Regional pay for all employees. This is in order to accelerate the race to the bottom of the pay scale for the people who do the actual work. If pay for the same job varies between UK regions, then employers can happily turn to their workforce at any time and say, “They’re doing it for less over the border, so you can take less as well.” The government tried it with public sector pay but was told to think again. We know some of them want to do it with benefits. It’s only a matter of time before it happens.

6. UK to exit Europe. Not because the EU is anti-democratic, forcing unreasonable demands on the UK, but because its human rights laws are damned inconvenient for a political party that wants to crush anyone who isn’t in the top 10 per cent of earners (I may be exaggerating this; it could be that they’re only interested in the top one per cent).

7. Free movement to be discouraged. They already have plans for a two-tier road tax system.

8. Education to be fragmented so you only get the best if you pay for it. Obviously we’ve always had private education but the starvation of the state system to fund ‘free schools’ is softening the system up for worse to come. Can anyone say they honestly understand Michael Gove’s divisive and wasteful policies?

9. Flat-rate taxes. This is a Conservative dream, because flat-rate taxation – one percentage for everybody – provides an unfair advantage to those who have more money to start with. They recognise that there are people in the UK who understand how unfair it is, so they launch periodical campaigns to point us in the other direction. Hence the current push to get us to believe a 20 per cent rise in JSA, from £59.15 to £71 (a rise of just £11.85), is totally unfair when compared to a 12 per cent rise in average wages, from £420 to £468 (a rise of £48 – more than four times as much). How can it be unfair to keep the level of the former the same, as a proportion of the latter – especially when one considers the rocketing prices of groceries and utilities? Those of use who can remember the Community Charge should also remember that this was also a flat-rate tax. People took to the streets to put an end to it but clearly the Conservatives have not learned the lesson. ‘2020 Vision’ suggests that Income Tax could come down to 20 per cent for everybody. This means someone earning £25,000 a year would have £20,000 left after Income Tax. Someone paying themselves £1 million a year would have £800,000 left afterwards. And we wouldn’t have anything like the public sector services that we have, even today after nearly three years of Coalition rule – that level of taxation cannot sustain that level of spending.

10. Continuation of the high-level national deficit and debt. This is to justify the shrinking of the state. The changes that have been made so far, including those that are to come in this year, are not intended to boost the economy – quite the opposite. If this government wanted to boost the economy it would close tax loopholes (including those that have been created by the current Chancellor) that allow the richest in the UK to avoid paying more than £100 billion every year and ensure that any of them who wish to leave this country as a result pay their fair share before they leave. It would also borrow – yes, borrow; don’t you know that interest rates are fantastically low just now? – in order to invest in British jobs and industry, the new technologies that will power the world in the future. They’re not doing that, for specious reasons, and they know that the poorest in the UK will suffer as a result.

That’s what the UK will look like under a government of Tory tyrants.

No wonder so many Scots want to leave.