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Tag Archives: Samuel Miller

Sickness benefit death statistics – a quick update

26 Saturday Apr 2014

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

≈ 17 Comments

Tags

allowance, benefit, benefits, Coalition, Conservative, death, Department, DWP, employment, ESA, FOI, Freedom of Information, government, health, IB, ill, Incapacity, Mike Sivier, mikesivier, Pensions, people, politics, request, Samuel Miller, sick, social security, statistics, support, Tories, Tory, tribunal, Vox Political, WCA, welfare, work, work capability assessment


(No, I haven’t had the tribunal’s decision yet!)

Those of you who have read my report on the benefit deaths tribunal will know that Samuel Miller received a response to his own Freedom of Information request for updated death statistics of incapacity benefit (and ESA) claimants a few weeks ago – but it did not cover the correct dates and was not ordered in a similar way to the ‘Incapacity benefits: Deaths of recipients’ report released in 2012.

It was impossible for anyone to consider it an update of the figures in that report, as the Department for Work and Pensions was claiming by sending it to Mr Miller.

I reported on Thursday that he had requested another response, made out in an appropriate manner, and that he had been advised he would receive this soon.

In fact, he was told the response would arrive yesterday (Friday).

Guess what?

That’s right – no show.

“As you know, I had asked the DWP to put these latest mortality statistics into context. Well, they haven’t responded by today’s date, as promised,” Mr Miller said on Twitter.

Quelle surprise.

Perhaps we can hope this is a simple mistake and the numbers will be with him soon.

Just don’t hold your breath waiting – or you may become another government statistic.

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Case proven? Government stays away from benefit deaths tribunal

24 Thursday Apr 2014

Posted by Mike Sivier in Benefits, Democracy, Disability, Employment and Support Allowance, Health, Justice, Law, People, Politics, Poverty, UK

≈ 73 Comments

Tags

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So – for now – the long wait continues.

But it is nearly over.

Follow me on Twitter: @MidWalesMike

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More statistical shenanigans from obstructive DWP

26 Wednesday Mar 2014

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

≈ 14 Comments

Tags

'ad hoc', allowance, benefit, death, Department, die, DWP, employment, ESA, figure, FOI, Freedom of Information, IB, Incapacity, mortality, Pensions, release, request, Samuel Miller, SDA, Severe Disablement Allowance, statistic, support, work


131109doublespeak

Should we be pleased that the Department for Work and Pensions has finally graced a Freedom of Information request about the number of people who have died while claiming incapacity benefits (including ESA) with a response?

No.

Disability campaigner Samuel Miller was the recipient of this kindness, bestowed only after he called in the Information Commissioner to demand it.

Needless to say, it doesn’t provide the information that was requested; it doesn’t even conform to the dates in his request.

Mr Miller had asked: “Can you please provide me with the number of Incapacity Benefit claimants who have died so far in 2012 only? I wish to bring to your attention that http://statistics.dwp.gov.uk/asd/asd1/adhoc_analysis/2012/incap_decd_recips_0712.pdf is outdated, as it only provides mortality statistics up to November 2011.”

This referred to the now-infamous ‘ad hoc’ statistical release of mid-2012 which showed that an average of 73 people whose assessments were not complete or who had been put in the Work-Related Activity group of ESA had died every week between January and November 2011.

It was an update of this figure – derived from ‘Table 3’ of the ‘ad hoc’ report – that Mr Miller wanted, but the DWP has not given him that. He got an update of ‘Table 1’, entitled ‘IB/SDA and ESA off-flows with a date of death recorded at time of benefit off-flow”.

This covers the period of the financial year 2011-12, and therefore misses out eight months of the period with which Mr Miller’s request was concerned.

It covers all Incapacity Benefit, Severe Disablement Allowance and ESA claims for that period and does not differentiate between them, so it is impossible to work out the number of ESA claimants who died between December 2011 and March 2012, which is the extent of the new period covered.

It also registers a drop in deaths from the previous financial year – from 41,750 to 39,860 – against a rise in the number of people losing benefit – from 728,740 to 949,330. If we were to try to use these figures, we would be claiming an average of 764 deaths per week (down from 800 the year before).

The DWP would be able to say there had been a drop in the number of deaths, and would have been able to ask why we have been complaining.

But these figures are an evasion.

As already mentioned, they are not relevant.

They do not cover the period following November 2011 to the end of 2012, and they do not differentiate between claimants who were receiving as much support as the state could give, and those the state said should be fit for work within a year or were still being assessed.

The new figures are, to be blunt, useless.

The DWP would claim that it has provided the information Mr Miller wanted but this is not true. His request was made in November 2012, for up-to-date statistics, and even the material provided to him only runs to the end of March in that year.

Mr Miller has put in a new request seeking figures for WRAG and Support Group deaths for 2011-12. Unfortunately he appears to have missed out the statistics for those who have died during assessment. If he receives a response (and I doubt it), it will again run to the end of March 2012 only, and will not give us an average we can compare with what we got from the ‘ad hoc’ release.

My opinion is that the DWP will continue to guard these numbers jealously until ministers are forced to give them up.

Let’s all hope this happens after my information tribunal takes place, sometime between now and mid-May.

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Was Mark Wood the last stumbling-block for Atos?

01 Saturday Mar 2014

Posted by Mike Sivier in Bedroom Tax, Benefits, Crime, Disability, Employment and Support Allowance, Health, People, Poverty, Public services, UK

≈ 49 Comments

Tags

allowance, assessment, Atos, bedroom tax, benefit, claimant, corporate manslaughter, criminal, David Cameron, dead, death, Department, die, director, DPP, DWP, employment, ESA, FOI, food, Freedom of Information, government, health, human rights, IB, ICC, Incapacity Benefit, Information Commission, International Criminal Court, Mark Wood, medical, mental, Mike Sivier, mikesivier, mortality, Pensions, people, phobia, police, Public Prosecutions, Samuel Miller, sick, social security, starve, Stephanie Bottrill, support, un, united nations, Vox Political, welfare, Witney, work, work capability


140301markwood

Everybody should know by now that British citizen Mark Wood starved to death four months after a medical assessment by Atos found him fit for work, even though it was only reported widely yesterday.

The ruling on the 44-year-old was made against the advice of his GP and in the knowledge that Mr Wood – who lived in David Cameron’s Witney constituency – had mental health conditions including phobias of food and social situations. He weighed just 5st 8lbs when he died in August last year.

His GP, Nicolas Ward, told an inquest into Mr Wood’s death: “Something pushed him or affected him in the time before he died and the only thing I can put my finger on is the pressure he felt he was under when his benefits were removed.”

In a normal society operating under the rule of law, that should be enough to trigger a halt on all work capability assessment medical tests while the entire system is examined with a view to preventing further harm. This was discussed in Parliament last week (read my live blog) but because this was a backbench motion the government has insisted that it only needs to take the unanimous vote in favour of the move as “advisory” – and has done nothing.

That is not good enough for many of us. Samuel Miller, the campaigner who has been trying to bring UK government discrimination against the disabled to the attention of international organisations like the United Nations has already signalled that he will be demanding action.

On Twitter yesterday (February 28), he wrote: “I’ll inform the UN’s human rights office… as well as write the Director of Public Prosecutions (DPP); a corporate manslaughter investigation into Atos and the DWP needs to be opened.

“I’ll also file a criminal complaint against Atos and the DWP with Britain’s Metropolitan Police Service.”

Mr Miller has also been awaiting a ruling from the Information Commissioner on his Freedom of Information request from November 6, 2012, demanding details of post-November 2011 Incapacity Benefit and Employment and Support Allowance claimant mortality statistics. The Commission called on the Department for Work and Pensions to come up with a valid reason for its refusal, under the FoI Act and the DWP has failed to provide one so far.

For Mr Miller, the situation has now dragged on far too long. “I’m not going to wait for a ruling from the Information Commissioner’s Office, which I’m unlikely to win. Due to the tragic starvation death of Mark Wood, I’m going to request that the UN’s human rights office obtain a subpoena from the International Criminal Court prosecutor, requiring that the Department for Work and Pensions release the post-November 2011 IB and ESA claimant mortality statistics that I requested on November 6, 2012.”

He is also awaiting the findings of an inquest into the death of Stephanie Bottrill, the Bedroom Tax victim who died when she walked in front of a lorry on a busy motorway, after leaving a note blaming the government. That hearing has not yet taken place.

Samuel Miller has cerebral palsy and lives in Canada, and yet he is willing to do all this to correct injustice in the UK. He puts most of us to shame.

Of course, I am looking forward to my tribunal hearing, in which I hope to trigger the release of those post-November 2011 IB and ESA claimant mortality statistics. If Mr Miller manages it first, then my hearing will focus on why my request for the information was dismissed as “vexatious”, as this has serious implications for any future Freedom of Information requests.

I’d like to hear from others who are doing something about this – even if it only comes down to contacting their MP.

Or do you think this man’s death should be in vain?

Follow me on Twitter: @MidWalesMike

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Gotcha! Bureaucrats’ bid to stifle freedom of information is uncovered

13 Monday Jan 2014

Posted by Mike Sivier in Benefits, Corruption, Disability, Health, Justice, People, Politics, Public services, UK

≈ 41 Comments

Tags

allowance, appeal, campaign, claimant, death, Department, die, died, disability, DWP, employment, ESA, FOI, Freedom of Information, harassment, hearing, IB, ICO, Incapacity Benefit, Information Commissioner, irrelevant, mortality, office, Pensions, Research, rights, Samuel Miller, support, tribunal, vexatious, violate, violating, violation, work


140113FoI

It seems DWP responses to Freedom of Information requests are now known before the questions have even been considered.

Disability researcher Samuel Miller received an email from a senior case officer at the Information Commissioner’s Office today (Monday), referring to his long-standing request for information on Employment and Support Allowance/Incapacity Benefit claimant mortality – the number of people who died in 2012 while claiming these benefits.

It stated: “I have reviewed all the information available to me and note that the Commissioner has dealt with a similar complaint.

“You may be aware of the decision notice issued in [the case of my own FoI request, which is well-documented on this site]. That case has now been appealed to the Information Tribunal by the complainant.

“Under the circumstances I would strongly recommend that we do not proceed any further with your case until the Tribunal has reached a decision.

“I understand that this is a highly sensitive and important issue to you, but there is little to be gained by continuing the case as it stands. This is because DWP has not specifically applied an exemption when refusing your request, other than stating it does not intend to publish a further report and is monitoring requests etc. Therefore, I would have to direct DWP to issue a new refusal notice citing an appropriate exemption, and the process would in effect begin again. An internal review would be required before bringing your complaint to the Commissioner. I note that your original request pre-dates that in [my case] so it is unlikely that DWP could apply the same exemption to your request in hindsight.

“I appreciate that this seems like unnecessary ‘red tape’ however, we are bound by the legislation we oversee. The most that could be achieved at this stage would be to potentially find DWP in breach of section 1 and section 10 of the FOIA.”

For information, section 1 covers a general right of access to information, and may apply as Mr Miller’s request was not recognised as coming under the FoI Act, while section 10 refers to the timescale in which a public authority must respond to a request for information (20 days in the case of FoI requests) so it is likely that this section was breached by no less than six months.

The case officer continued: “In the event that the Tribunal disagrees with the Commissioner’s decision they can order DWP to disclose the information requested. If that proves to be the case then the information will be in the public domain and likely to be on the DWP website.

“Given the above, I recommend that this case is now closed. I would be grateful if you would confirm that you have no objection to this.”

The first thing to note about this is that it seems the Information Commissioner’s Office feels qualified to predict the result of a FoI request to the DWP.

Why go straight to rejection, when the request has not yet been considered in the context of the Freedom of Information Act? Should it not be examined in that light first, before proceeding to consideration of whether to provide the information or refuse it?

If the question has not been considered as a Freedom of Information request, a case officer from another organisation cannot – legally – tell a requester whether it will be refused or not.

This casts doubt upon the validity of the entire process.

Secondly, it seems both the Department for Work and Pensions and the Information Commissioner’s Office have chosen to link Mr Miller’s request with my own. This is inappropriate. My request was made after his was rejected, in response to that rejection, but is a separate request and each should be judged on its own merits.

For example, my request was rejected due to a claim that I had organised a campaign of harassment against the DWP. This is nonsense when applied to me, and irrelevant when applied to Samuel; nobody even knew about his request until he received his reply.

In my case, the Information Commissioner sided with the DWP for the even more ridiculous reason that I run a blog “in which the main focus is the DWP and their ‘cover-up’ on the number of IB and ESA claimants who have died in 2012”. That was “the most significant factor” in his opinion, but even the most disinterested glance through this site disproves it. Samuel Miller has a site, but it is concerned with documenting the problems facing disabled people and any suggestion that it is part of a plot to bring down any part of the government would be ludicrous.

Mr Miller is furious at this treatment of his entirely appropriate and legally-submitted request which, let’s not forget, pre-dates my own, as another part of the same matter. It isn’t.

As he put it in an email today: “No disrespect intended… but I take umbrage that the ICO is violating my rights by linking my case to your Tribunal appeal.  My case should be judged on its own merits, without the taint of a ‘vexatious’ ruling.

“It’s very upsetting that The Information Commissioner’s Office regards us as conjoined twins, joined at the hip like Chang and Eng Bunker (1811–1874).”

I sympathise completely.

I hope the ICO case officer will soon be receiving notice that Mr Miller does object to this treatment, that he wants his request considered on its own merits, and that he will consider any further action after a decision has been made in the proper manner.

But I feel constrained to go on record right now to say that, if he does, I will have had nothing to do with it.

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Information Commissioner rules on the cover-up of DWP-related deaths

28 Thursday Nov 2013

Posted by Mike Sivier in Benefits, Conservative Party, Cost of living, Employment and Support Allowance, Health, Justice, People, Politics, Poverty, UK

≈ 120 Comments

Tags

allowance, appeal, assessment, Atos, benefit, benefits, Britain, British, Coalition, Conservative, death, Department, Department for Work and Pensions, disability, disabled, disrupt, DWP, dying, economy, employment, Employment and Support Allowance, ESA, fatal, fit for work, FOI, Freedom of Information, government, harassment, health, Iain Duncan Smith, ICO, ill, immigration, Incapacity Benefit, Information Commissioner, Jacqueline Harris, medical, Mike Sivier, mikesivier, minimum wage, mortality, obsessive, overdose, Parliament, Pensions, people, policy, politics, public interest, request, Samuel Miller, serious, sick, social security, suicide, support, Tories, Tory, UK, unemployment, vexatious, Vox Political, WCA, welfare, work, work capability assessment


What we're fighting for: It seems certain that Jacqueline Harris (pictured) died because her benefits were stripped from her after a one-question medical assessment. The DWP wants to hide the number of other people who are dying in similar circumstances.

What we’re fighting for: It seems certain that Jacqueline Harris (pictured) died because her benefits were stripped from her after a one-question medical assessment. The DWP wants to hide the number of other people who are dying in similar circumstances. [Picture: Daily Mirror]

Long-term readers will know that the author of this blog has spent the last few months trying to get officials at the Department for Work and Pensions to release mortality statistics for people undergoing the assessment procedure for Employment and Support Allowance.

It is in the public interest for the nation to know how many seriously ill or disabled people are dying while they wait to undergo the controversial Atos-run medical assessment, while they await the result, and while they appeal against a result that puts them in the wrong group or claims they are fit for work.

These deaths may be due to deterioration in their health – whether or not it was caused by the process – or suicide prompted by the process or the decision.

An initial Freedom of Information request was rejected by the DWP on the grounds that it was “vexatious”. I disputed that claim, and eventually had to appeal to the Information Commissioner for a ruling after ministers proved intractable.

The first obvious implication of this behaviour is that the number of deaths has been increasing and the DWP is trying to hide that fact from us. During 2012, when the department was still publishing the figures, we saw the average number of deaths leap from 32 per week to 73 per week.

The second obvious implication is that DWP policy is causing the deaths. With regard to this, your attention is drawn to the fact that this decision has been published a matter of days after it was revealed that Jacqueline Harris, of Kingswood, Bristol, died from a suspected overdose after the DWP signed her ‘fit for work’ – on the basis of a ‘medical assessment’ that consisted of one question – “Did you get here by bus?”

The partially-sighted former nurse, who required walking sticks, had a bad back and was in constant pain due to arthritis in her neck, lost all her benefits on the basis of her one-word answer – “Yes.” Amazingly, she lost an appeal against that decision and her death followed soon after.

An inquest has been opened and adjourned, so it is not possible to state the cause of death for certain – but any suggestion that the DWP decision was not a factor must beggar credulity.

That is the context in which the Information Commissioner’s ruling arrived.

You’re really not going to like it.

“The Commissioner’s decision is that the DWP has correctly applied the vexatious provision.”

It seems it is therefore impossible to use the Freedom of Information Act to extract this information from the Department for Work and Pensions. Ministers will never provide it willingly, so it seems we are at a dead end.

Apparently, “The DWP explained to the Commissioner that on 25 June 2013 they received 11 identical FOI requests and in the following days another 13 identical requests. They claim that this was the direct response to an online blog written by the complainant [that’s me] on 25 June 2013.

It seems that I am at fault for encouraging this as, after detailing my FOI request, I did write, “I strongly urge you to do the same. There is strength in numbers.” After a commenter asked if they could copy and past the request, I responded, “Sure, just make sure they know you’re making it in your own name”. And the following day, another commenter wrote, “If we swamp the DWP with requests they surely must respond”. Then on June 29, in another article, I added, “If you believe this cause is just, go thou and do likewise.”

The Information Commissioner’s decision notice states: “In this case, there were 24 identical requests which were sent to the DWP in a short space of time and the Commissioner has seen three identical complaints from the individuals that the DWP believes are acting in concert.

“Given that this issue was raised in a previous request at the end of 2012, it is apparent that the wording of the complainant’s online blog on 25 June 2013 prompted the numerous requests on this issue at the end of June 2013.

“Taking this into account the Commissioner has determined that there is sufficient evidence to link the requesters together and to accept they are acting in concert.”

It seems that there isn’t strength in numbers after all – or rather that the way that the large (by the DWP’s standards) number of us expressed ourselves was detrimental to our efforts. I take responsibility for that. I should have said that if you really believed in the issue, you needed to do something that was clearly separate from my own efforts. With hindsight this seems obvious, but only because we have all learned about the process as we went along. Would anybody have known better?

Regarding the impact of dealing with the requests, “The Commissioner accepts that when considered in the wider context, 24 requests on one topic in a few days could impose a burden in terms of time and resources, distracting the DWP from its main functions.

“The Commissioner accepts that the purpose of the requests 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.”

Surely, one of its main functions is the continued well-being of those claiming benefits. If people like Jacqueline Harris are dying because of DWP policy, it could be argued that the requests were reminders of its main function – not a distraction.

I have maintained throughout this process that there was no intention on my part to disrupt DWP functions. The only intention has been to see the mortality figures published. It seems neither the DWP nor the Information Commissioner are willing to allow that.

You have to wonder why, don’t you?

There are gaps in the argument which might provide future possibilities.

According to the decision notice, “The DWP argue that ‘the nature of the actual request is not the issue here. It is merely how these requests were instigated and orchestrated which led to them being treated as vexatious.”

In that case, why did the DWP not honour Samuel Miller’s original request for the information, which was turned down in June? If the nature of his request “is not the issue here”, then it should have been honoured and my own FOI request would never have been made. By its own intransigence, the DWP has wasted not only its own time but mine and that of 24 other people.

How many other requests were made, on the same subject, that the DWP could not associate with this blog?

Also, I was surprised to read the Information Commissioner’s statement: “However, the most significant factor is that the complainant runs an online blog in which the main focus is the DWP and their ‘cover-up’ on the number of Incapacity Benefit and Employment and Support Allowance claimants who have died in 2012.”

If that was the most significant factor in this ruling, then the decision is invalid. This blog was not set up to focus on the DWP’s admittedly despicable behaviour towards its clients; its focus is on British politics in general. Look at the articles published in the last week, covering topics ranging from immigration to the minimum wage, to the economy, and – yes – concerns about the DWP. If DWP ministers think the entire blog was set up to harass them, they’re getting ideas above their station.

It could also be argued that the quoted belief of the DWP, that “it is reasonable to view the requests as part of an obsessive campaign of harassment against it and its officers” is insupportable. If 24 people made FOI requests, but only three complained about the response, this is hardly obsessive. Were any of these people writing in on a regular basis, or were they corresponding only after they themselves had been contacted? I think we all know the answer to that.

Also, the Commissioner’s comment that “the disparaging remarks and language used in the blog cannot be overlooked and does demonstrate a level of harassment against the DWP” is insupportable. The language of the articles has been moderate, when one considers the subject matter. Regarding remarks made by other commenters, the DWP and the Information Commissioner should bear in mind that the comment column is a forum where people may express their opinions. If the DWP doesn’t like those opinions, it should modify its corporate behaviour.

It seems I have a further right of appeal, to the First-Tier Tribunal (Information Rights). I will consider this; observations from interested parties are encouraged.

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Coalition: Put your own house in order before you patronise foreigners about disability

24 Tuesday Sep 2013

Posted by Mike Sivier in Bedroom Tax, Benefits, Conservative Party, Disability, International Aid, Liberal Democrats, People, Politics, Poverty

≈ 46 Comments

Tags

access, benefit, benefits, burden, Coalition, cover-up, death, Democrat, demonise, destitution, developing world, disability, disabled, discrimination, education, employment, extreme poverty, government, great neglect, healthcare, human rights, hypocrisy, international development, Justice, Lib Dem, Liberal, Lynne Featherstone, Mike Sivier, mikesivier, minister, people, politics, purge, Samuel Miller, school, sick, social security, social support, special rapporteur, suicide, UK funding, un, unemployment, united nations, Vox Political, vulnerable, welfare


Lynne Featherstone: Her speech may have been well-intentioned, but was also patronising and hypocritical in the light of the Coalition's treatment of disabled people in the UK.

Lynne Featherstone: Her speech may have been well-intentioned, but was also patronising and hypocritical in the light of the Coalition’s treatment of disabled people in the UK.

Today the Coalition government announced it is showing the developing world how to treat people with disabilities (don’t laugh) – by ensuring that schools built with direct UK funding will have easy access for the disabled.

According to a government press release, Liberal Democrat International Development Minister Lynne Featherstone used the High Level Meeting on Development and Disability at the United Nations in New York – the biggest disability rights meeting in five years – to call on the international community to tackle the ‘great neglect’ of a billion people globally who face unequal access to education, employment, healthcare, social support and justice as a result of disability.

Did her speech make any mention of the ‘great neglect’ of people in her own country who face discrimination on exactly the same grounds, caused by her government?

“Those living with a disability are disproportionately some of the poorest and most marginalised people in the world – part of an unseen great neglect,” she told the meeting. “It is telling that of the 57 million children currently out of school in the world today, over a third have a disability.

“As a global community, we have a duty to safeguard the most vulnerable. If developing countries are to move forward into prosperity and greater self-reliance, they must take everyone on the journey.

“That’s why from this day forward, all schools built with the direct support of British taxpayers will be designed to allow disability access.

“With the ongoing discussion of what development should focus on when the Millennium Development Goals expire in 2015, we have a once-in-a-generation chance to finally put disability on the agenda.”

Leaders of developing countries would have been justified in looking askance at the British minister while she was making this speech, with her hypocrisy on display for everybody to see.

They would be right to ask themselves: “Is this not a minister from a country that demonises its disabled people? That treats them as a burden on the community? That is trying to purge its society of them?

“Did her government not drive 73 disabled people per week to suicide or death through the exacerbation of their health problems – both brought on by cuts to state benefits and the threat of destitution – during 2011? And is her government not now refusing to provide up-to-date figures on the deaths its policies have caused?

“Does this not mean that deaths of disabled people caused – directly or indirectly – by UK government policies have increased dramatically during this time period, and the same government is trying to cover up the fact?”

It is notable that the government’s announcement landed on the same day that disability activist Samuel Miller received the following correspondence from the office of the UN’s special rapporteur on extreme poverty and human rights:

“On behalf of the Special Rapporteur, thank you very much for your communications… Ms Sepulveda is observing very closely the situation with the UK welfare policies and their effects on persons living in poverty, including persons with disability.

“She is doing her best within the limits of her mandate to address such situations not only in the UK but globally through direct engagement with Governments.

“She would like to commend you for your tireless efforts and wishes you all the best in your endeavours.”

In the light of all this, would leaders of developing countries not be right, while thanking the UK government for its well-intentioned offer, to ask why Ms Featherstone feels justified in talking down to them about the disabled when her government refuses to allow those in its own country an opportunity to live with dignity.

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UN housing investigator’s report exposes Shapps’ lies

11 Wednesday Sep 2013

Posted by Mike Sivier in Benefits, Conservative Party, Housing, Law, People, Politics, Poverty, UK

≈ 24 Comments

Tags

abolish, BBC, bedroom tax, benefit, benefits, Coalition, Conservative, Daily Record, debt, Department for Work and Pensions, disability, disabled, discretionary housing payment, DWP, government, Grant Shapps, hardship, health, housing, human rights, law, liar, lobbying, Mike Sivier, mikesivier, people, politics, preliminary report, Raquel Rolnik, regressive, retrospective, Samuel Miller, sick, social security, spare room subsidy, special investigator, tax, The Guardian, Tories, Tory, unemployment, united nations, Vox Political, welfare, work, Work Programme, Workfare


A liar revealed: Grant Shapps, chairman of the Conservative Party (not 'Michael Green', as his name-badge suggests). The assertions he made this morning were proved wrong this afternoon.

A liar revealed: Grant Shapps, chairman of the Conservative Party (not ‘Michael Green’, as his name-badge suggests). The assertions he made this morning were proved wrong this afternoon.

Oh, so she wasn’t invited by the government and she didn’t visit government offices, did she?

And did she really not use the proper terms for government policies like the bedroom tax?

The press statement by Raquel Rolnik, UN special rapporteur on adequate housing, on her mission to examine the effects of the bedroom tax on the people of the UK suggests otherwise. In no uncertain terms.

Once again, Grant Shapps is exposed as a liar.

He is the chairman of the Conservative Party, the organisation that tells us it is running the country, and you can’t believe a word he says.

But we’ll let the report speak for itself, shall we?

London, 11 September 2013

Introduction

From 29 August to 11 September 2013, I undertook an official visit to the United Kingdom of Great Britain and Northern Ireland at the invitation of the Government. My visit included various cities in England, Scotland and Northern Ireland. I also had the opportunity to meet Government office from Wales in London.

The main objective of my visit was to assess the country’s achievements and challenges in guaranteeing the right to adequate housing and non-discrimination in this context, in accordance with existing international human rights standards. The assessment includes legislation and policy frameworks as well as the consideration of concrete outcomes from those policies, examining how they respond to the housing needs of women, men and children, with a particular focus on those most vulnerable and disenfranchised.

I wish to start this statement by expressing my gratitude to the various Government Departments, for the cooperation and hospitality extended to us during the organization and throughout the development of this fact-finding visit. I have had the opportunity to meet with numerous Government officials, including some Ministers. In England I met with the Department for Communities and Local Government, the Department for Environment, Food and Rural Affairs, the Ministry of Justice, the Department of Work and Pensions, the Homes and Communities Agency, the Department for International Development and the Manchester City Council. I also met with officials from the Department of Housing and Regeneration from the Welsh Government. In Scotland, I met with the Scottish Government, including the Housing Services and Regeneration, the Housing Supply, the Homelessness and Equality Policy Departments; and with the Scottish National Housing authorities and Planning and Architecture Division. In Northern Ireland, I had the opportunity to meet with the Department for Social Development, and with the Northern Ireland Housing Executive.
I am also grateful for the opportunity to meet with the Equality and Human Rights Commission, including a representative from Wales, the Scottish Human Rights Commission, the Northern Ireland Human Rights Commission and with a wide range of civil society organizations, including housing charities, human rights organizations, housing federations, housing associations, campaigners, researchers, litigators and academics.

Lastly, but most importantly, I am thankful for the opportunity to visit housing estates, local areas, Gypsy/Traveler sites and homeless centers, which took place in London, Basildon, Edinburgh, Glasgow, Belfast and Great Manchester. I was able to hear first-hand testimonies and insights from residents of all ages, and witness living conditions. I wish to thank all those who took the time to meet with me, to travel to join meetings and hearings, and to offer their personal experiences to help me better understand the situation. Without their involvement, support and cooperation this mission would not have been possible.

Preliminary remarks

As I have said throughout my visit, the United Kingdom has much to be proud of in the provision of affordable housing. It has had a history of ensuring that low-income households are not obliged to cope with insecure tenure and poor housing conditions, and can be well-housed. Some of the policies and practices that have played a role in providing social housing include the construction and further regeneration of a large social housing stock as well as a welfare system which covers housing as part of a social safety net. These can serve as an inspiration to other parts of the world. There are also specific efforts to prevent and address homelessness, and the Scottish Homelessness Act abolishing a priority needs test deserves mentioning. These, and others, must be commended and recognized as good human rights practices to be sustained for present and future generations, both by the Central Government as well as the devolved Governments in Wales, Scotland and Northern Ireland.

At the same time, I wish to suggest that the United Kingdom’s Government revisits some policy decisions with direct and indirect impacts on housing as a human right. I will limit myself to a few preliminary and provisional remarks on some of the issues of special concern. These along with other topics will be explored in more detail in my official report to the United Nations Human Rights Council at its 25th session in March 2014.

In carrying out my assessment, I am guided by relevant international human rights law, in particular by the International Covenant on Economic, Social and Cultural Rights, articles 2 and 11. The United Kingdom ratified this binding instrument on 20 May 1976 without reservations. According to it, the United Kingdom has obligations to take steps to ensure and sustain the progressive realization of the right to adequate housing, making use of the maximum of its available resources. Progressive realization represents a strong presumption against retrogressive measures in the protection and promotion of human rights. State parties cannot move backward without offering a strict, evidence-based justification of the need to take such measures and without having weighted various alternatives. Most importantly, Governments must put in place effective safeguards to protect the most vulnerable sectors of society if such decisions are made.

Some of my main preliminary findings indicate signs of retrogression in the enjoyment of the right to adequate housing. It is not clear that every effort has been made to protect the most vulnerable from the impacts of retrogression, indeed much of the testimony I heard suggests they are bearing the brunt. Housing deprivation is worsening in the United Kingdom. Increasingly, people appear to be facing difficulties to accessing adequate, affordable, well located and secure housing. The numbers of people on waiting lists for social housing have risen, with reports indicating waits of several years to obtain a suitable house.

The trend has been to give priority to home ownership in detriment of other forms of tenure and to encourage a private renting sector with flexible tenure arrangements. Today, in England, approximately 17.4% of the population is renting in the private market and social housing renters provides for 17.3%. Figures of social renters are slightly higher in Scotland and Northern Ireland, but considerably lower than two decades ago everywhere in the UK. Furthermore, private tenancies can be as short-lived as six months and significantly more expensive than the social rental sector.

Home ownership has provided housing for more than one generation and it is deemed a common aspiration for many. However, the takeover of the housing sector by the financial sector has exposed many households to a highly volatile market, with skyrocketing prices during the boom years and, since 2008, a credit crunch that has essentially paralyzed access to credit. Various stakeholders have warned of potential risks once the interest rate on mortgages starts to claim back. In Northern Ireland, repossessions due to mortgage default continue to be one of the issues of concern.

In England the Government and most stakeholders report that there is a clear shortage of housing due to a mismatch between supply and demand. For example, estimations range around 221,000 new homes needed in England per year, with less than 50% of this need actually being met (approximately 110,000). In view of the Government, this shortage is due to two main factors: the lack of available financing for the housing sector and planning constraints which lead to lack of available land for housing development.

In order to respond to this critical situation, the current Government has launched several initiatives contained in its 2012 Housing Strategy in England, and has created various schemes for investment such as “Help to buy equity loan” and the “Build to Rent” to support private house buyers and developers. A smaller funding allocation is provided for grants for affordable housing under this same package of initiatives. In devolved Governments, various schemes have also been created. For example, in Wales, the “Houses to Homes” initiative aims at bringing long term empty homes back into use.

A second element of this strategy is a significant reform to the planning system which, among other aspects, aims at reducing long and cumbersome administrative processes, by eliminating the regional level planning and pre-defined benchmarks for local councils to provide housing. In turn, this means that local authorities have more responsibilities as well as more direct and autonomous decision-making power. In Scotland, regional level planning has been retained in the four largest cities. A third aspect of the strategy involves the unlocking and selling of public land for housing development, through auctions in the private market without any conditionality.

Simultaneously, the Government has also taken fiscal austerity measures in the context of the economic downturn in efforts to curve spending. The Welfare Reform Act of 2012 which applies UK-wide, includes some measures that have particular impact on the housing benefits, including the housing benefit cap, reductions in legal aid, and in council tax benefit.

Especially worrisome in this package is the so-called “bedroom tax”, or the spare bedroom under occupancy penalty. It came into force on 1 April 2013, without having been previously piloted. It essentially means a reduction in the amount of benefit paid to claimants if the property they are renting from the social housing sector is considered under occupied. The Government has argued that this policy reduces dependency and will make available a stock of under occupied homes.

Fiscal austerity measures include budget cuts in local Government expenditure, as well as significant reduction on the grants available for housing associations to provide social and affordable homes. This implies that social landlords will be required to reach out to the private financial markets in order to fund their building activities. As a consequence they will be pressured to increase their profit-making activities, potentially being forced to increase rent and reduce the stock made available to social renters.

Let me briefly examine how these measures are in line with the right to adequate housing and their impact on the lives of individual people. Allow me to explain.

It is true and I fully share the view of many stakeholders that house building is essential for the economy and for creating much needed jobs. I also fully share the view that there is a shortage on the supply side of the equation, especially in some high demand areas like London or other main cities. However the right to adequate housing compels Governments to look beyond aggregated general figures of supply and demand in order to place housing needs – and not housing markets – at the center of the decision-making.

The right to housing is not about a roof anywhere, at any cost, without any social ties. It is not about reshuffling people according to a snapshot of the number of bedrooms at a given night. It is about enabling environments for people to maintain their family and community bonds, their local schools, work places and health services allowing them to exercise all other rights, like education, work, food or health.

Some researchers argue that the “Help to Buy” scheme can intensify the pressure on prices, which are already high in a number of places. Also, according to recent trends in the housing market and taking into account the high prices of land, market builders have moved towards the higher end of the market. This will not increase the supply for the ones who are struggling to pay their rents or who linger for years in the social housing waiting lists.

Historically, access to affordable housing has been sustained by two main policies, namely, development of social housing with public funding and a needs-tested welfare system including housing benefits and other services that have been directly or indirectly been linked to housing for low income households.

I would like to refer now to the package of welfare reform and its impact on a number of human rights, but especially on the right to adequate housing, such as for those seeking to live independent and dignified lives with physical and mental disabilities. The so-called bedroom tax is possibly the most visible of the measures. In only a few months of its implementation the serious impacts on very vulnerable people have already been felt and the fear of future impacts are a source of great stress and anxiety.

Of the many testimonies I have heard, let me say that I have been deeply touched by persons with physical and mental disabilities who have felt targeted instead of protected; of the grandmothers who are carers of their children and grandchildren but are now feeling they are forced to move away from their life-long homes due to a spare bedroom or to run the risk of facing arrears; of the single parents who will not have space for their children when they come to visit; of the many people who are increasingly having to choose between food and paying the penalty. Those who are impacted by this policy were not necessarily the most vulnerable a few months ago, but they were on the margins, facing fragility and housing stress, with little extra income to respond to this situation and already barely coping with their expenses.

Another aspect that deserves some comments is the reform of planning policies in England, gives local level authorities expanded responsibilities. The power dynamics of a particular local council may not allow for a forceful negotiation with developers, to speed up delivery, and this situation may last for years despite the urgent need for additional housing stock. In fact, several documents and assessments acknowledge that land with permits has increasingly become the asset in itself, rather than an asset for the social well-being of the community. Similarly, it is also of concern that there is no property tax on land, including dormant or vacant land for years. Land value, including in the financial circuits, has escalated in the last decades, yet it is still mostly regarded as a private matter, hence for-profit. I would recommend that the Government sets a regulatory framework to avoid this kind of speculation.

Similarly, on the land and planning strategies let me say that selling public land to private developers for the best price can mean that a valuable public resource is not being used as a means to increase the availability of housing for those who need it, in times of housing stress. A significant part of the existing social housing stock in UK was built on local council and other public land. In times of pressure on affordable housing, the mobilization of public land can be an important tool, so I recommend that the Government releases public sector land only for social and affordable housing to be built.

Planning systems reforms are also being considered in Northern Ireland, devolving powers to Local Councils, which will also be territorially redefined. In this context, I want to express my concern at the potential that this decentralization may have for increased sectarianism and discrimination.

In closing, let me also mention that during my visit I have also received multiple testimonies on the shortage of sufficient, adequate and safe sites for Gypsy and Traveller communities across the United Kingdom, many of whom feel this is part of the stigma and discrimination they regularly face from Governments and society as a whole. Despite multiple efforts and policies put in place to address this situation, it is fair to say that leaving local authorities to make their own decisions with no accountability and national process to reconcile the Gypsy and Traveller communities with settled communities remains a source of concern. Gypsy and Traveller communities too should engage more in the political debate and make efforts to ensure that their situation effectively changes.

Other population groups, highlighted by the Committee on Economic, Social and Cultural Rights in 2009, which continue to face inadequate access to affordable housing are Catholics in Northern Ireland, specifically in North Belfast. The current allocation scheme was created to be fair and open, and to allocate accommodation on the basis of meeting the housing need of people. Despite the efforts of the Northern Ireland Housing Executive, I remain concerned that full equality has not been achieved yet.

I also received information and testimonies about discrimination in access to housing by EU citizens, migrant workers and their families, refugees and asylum seekers. I am especially concerned with the policy which places the responsibility (backed by the threat of a fine) on landlords to check residence status of tenants, which I have heard often pushes undocumented people into the most insecure, worst quality and poorest located housing.

Summary of recommendation

As a brief summary of my preliminary remarks, I would like to highlight three recommendations:
First, and foremost, I would suggest that the so-called bedroom tax be suspended immediately and be fully re-evaluated in light of the evidence of its impacts on the right to adequate housing and general well-being of many vulnerable individuals.
Secondly, I would recommend that the Government puts in place a system of regulation for the private rent sector, including clear criteria about affordability, access to information and security of tenure.
Thirdly, I would encourage a renewal of the Government’s commitment to significantly increasing the social housing stock and a more balanced public funding for the stimulation of supply of social and affordable housing which responds to the needs.

I hope that my visit and subsequent report will be able to assist the Governments in England, Scotland, Northern Ireland and Wales in these efforts and I look forward to continuing the constructive dialogue established during my visit.

Look at those recommendations.

Ms Rolnik has put the UK’s Coalition government in direct opposition to the United Nations. There is no way the Conservatives will accept the need to repeal the bedroom tax. The Party of Deregulation will never willingly install a new regulatory procedure and increasing social housing would reverse a policy they have been running since the days of Thatcher.

Shapps’ complaint to the UN secretary general will come to nothing because he doesn’t have a leg to stand on.

And anyway – to mix metaphors – the shoe is on the other foot now.

Do not expect to see this in the right-wing mass media unless they are given no choice about it, as it shows up the Coalition government for the steal-from-the-poor-to-give-to-the-rich, money-grubbing liars that they have been all along – and that’s not part of the narrative the Murdoch press or the Daily Heil want to push onto you.

But something’s going to happen because the Coalition – and especially the Tories – are being told in no uncertain terms: Change direction or be declared an outlaw state.

It’s as serious as that.

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UN bedroom tax report reveals truth about Tories

11 Wednesday Sep 2013

Posted by Mike Sivier in Benefits, Conservative Party, Housing, Law, People, Politics, Poverty, Tax, UK

≈ 39 Comments

Tags

abolish, BBC, bedroom tax, benefit, benefits, Coalition, Conservative, Daily Record, debt, Department for Work and Pensions, disability, disabled, discretionary housing payment, DWP, government, Grant Shapps, hardship, health, housing, human rights, law, liar, lobbying, Mike Sivier, mikesivier, people, politics, preliminary report, Raquel Rolnik, regressive, retrospective, Samuel Miller, sick, social security, spare room subsidy, special investigator, tax, The Guardian, Tories, Tory, unemployment, united nations, Vox Political, welfare, work, Work Programme, Workfare


The facts: United Nations special investigator Raquel Rolnik has been criticised by Grant Shapps because she has refused to allow the government to influence her report on how the Bedroom Tax has inflicted misery on families across the UK.

The facts: United Nations special investigator Raquel Rolnik has been criticised by Grant Shapps because she has refused to allow the government to influence her report on how the Bedroom Tax has inflicted misery on families across the UK. (Picture: Daily Mirror)

What a spoilt little brat Grant Shapps has shown himself to be.

After the United Nations’ special investigator on housing told the Coalition government it should scrap the bedroom tax, describing the policy’s effect on vulnerable citizens as “shocking”, he threw a hissy fit.

He claimed that Raquel Rolnik had been biased from the start and had not met any ministers or officials, and said he would be writing to protest to the UN secretary general.

Why would an investigator, who has come to this country to see for herself the actual effect of a government policy, waste any time listening to ministers who want to overwrite her report with their own agenda?

Ms Rolnik is perfectly capable of accessing the reams of material that has already been written by the government about the bedroom tax – or spare room subsidy, as Mr Shapps (if that’s what he’s calling himself today) still insists on describing it.

She wanted to find out what it actually means to people it affects. And she did find out, didn’t she?

“My immediate recommendation is that the bedroom tax is abolished,” she said.

“I was very shocked to hear how people really feel abused in their human rights by this decision and why – being so vulnerable – they should pay for the cost of the economic downturn, which was brought about by the financial crisis. People in testimonies were crying, saying ‘I have nowhere to go’, ‘I will commit suicide’,” she told The Guardian.

Ms Rolnik told the newspaper she was “disturbed by the extent of unhappiness caused by the bedroom tax and struck by how heavily this policy was affecting ‘the most vulnerable, the most fragile, the people who are on the fringes of coping with everyday life’.”

She said that the bedroom tax should be scrapped and rapped the Coalition for damaging the UK’s record on human rights by allowing it onto the statute books. She said the UK’s previous good record was being eroded by a failure to provide enough social housing.

And she said the government’s regressive changes to social security were forcing the poorest in the country to suffer extreme hardship, just to keep a roof over their heads. The country was “going backwards in the protection and promotion of the human right to housing“.

“It’s so clear that the government didn’t really assess the impact on lives when it took this decision. The mechanism that they have in place to mitigate it – the discretionary payment that they provide the councils with – it doesn’t solve anything, it’s for just a couple of months, and the councils cannot count on that on a permanent basis.

“They don’t know if it’s going to be available next year, so it’s useless,” she said.

The UN investigator spoke to dozens of council house tenants during a two-week visit in which she travelled to Belfast, Manchester, Glasgow, Edinburgh and London, visiting council estates, food banks, homelessness crisis centres, traveller sites and housing association developments. And she has received correspondence about the situation from people across the country.

The bedroom tax could constitute a violation of the human right to adequate housing in several ways, she said – for example, if the extra payments forced tenants to cut down on their spending on food or heating their home.

She said her conclusions should carry weight in British courts, where legal challenges to the bedroom tax are under way. “It depends on how much the judiciary here takes into account the international legislation. In principle they should because the UK has signed and ratified the International Covenant on Economic, Social and Cultural Rights,” she said, referring to the document which defines adequate housing as a human right.

This blog could not be more delighted by Ms Rolnik’s findings – even though that may seem a strange thing to say about such universally negative results. They vindicate everything that has been said here since August last year, and provide solid support to all the evidence sent by our good friend Samuel Miller, who has been providing evidence on this matter – and others – to the UN for a considerable time.

Mr Shapps has taken a different view – one that he managed to undermine personally by saying that Ms Rolnik had not been invited by ministers. According to the Daily Record, “It was the Tory-led Government who gave the Brazilian housing and architecture academic permission to carry out the study.” Shapps now denies this, but he is a well-known and long-since-exposed habitual liar, of course.

“It is completely wrong and an abuse of the process for somebody to come over, to fail to meet with government ministers, to fail to meet with the department responsible, to produce a press release two weeks after coming, even though the report is not due out until next spring, and even to fail to refer to the policy properly throughout the report,” he said.

Some might say the Tories would know all about abusing process, considering the way they pushed a retrospective law through Parliament after their government was found to be breaking the rules on Workfare/The Work Programme – or indeed with the so-called Transparency of Lobbying Bill today.

And is publication of a preliminary report not established practice in matters such as this?

As for whether it is improper to refer to the policy as a bedroom tax rather than a spare-room subsidy, let’s repeat the challenge: Would anybody connected to the government please indicate which piece of legislation enshrined a subsidy on spare rooms in law?

Any takers?

Didn’t think so.

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DWP – Department of Wayward Perversion?

08 Thursday Aug 2013

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

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'ad hoc', Army, austerity, benefit, cap, computer, death, Department, disabled, Employment and Support Allowance, ESA, face-saving, FOI, Freedom of Information, Iain Duncan Smith, Job Centre, lieutenant, life-saving, mark hoban, Mike Sivier, mikesivier, mortality, Pensions, perverse, perversion, Samuel Miller, Sandhurst, sick, Universal Credit, vexatious, Vox Political, work


Call him RTU: In the Army to which he once belonged, failures were 'Returned To Unit' (or quietly retired). This man's policies are not just failures; they're disasters. So let's give him the nickname he deserves.

Call him RTU: In the Army to which he once belonged, failures were ‘Returned To Unit’ (or quietly retired). This man’s policies are not just failures; they’re disasters.
So let’s give him the nickname he deserves.

Is the madness currently exhibited by the Department of Work and Pensions a symptom of the Secretary-in-a-State’s personal condition, or an indication of a much wider malaise?

This is a question we should be asking, publicly, with increasing frequency as each new revelation about the Department’s irrational behaviour is revealed.

This article, for example, suggests that wayward perversion is now normal behaviour there. How else is one to interpret the actions of government officers who refuse to carry out a function for which they have all the tools and information necessary, while practically foaming at the mouth in their eagerness to convince us that they can manage assessment tasks – even if they must be done by hand and at enormous cost?

Today we learned that Samuel Miller, the disability specialist accusing the British government of employing draconian austerity measures to expose its sick and disabled citizens to fatal stress, has received new information from the DWP on the deaths of disability benefit claimants.

The department published an ‘ad hoc’ report in July last year, on deaths that occurred during 2011, but – perhaps discouraged by the overwhelmingly negative backlash caused by the admission that an average of 73 people were dying every week after being marked ‘fit for work’ or able to make themselves ready for work – its ministers have refused to publish a follow-up.

Freedom of Information requests from both Mr Miller and myself have been refused – mine on the grounds that it was “vexatious” (although the DWP definition of this word clearly differs from that defined in the relevant Act of Parliament).

Now it has confirmed that “the Department does hold information which could be used to analyse the mortality of benefit claimants after November 2011 but this has not been compiled”.

The information is all there, waiting to be provided. People have requested it, under an Act of Parliament that states it must be handed over, if it is in the public interest for that to happen. But ministers have vetoed this, stating reasons that can only be described as perverse.

This happened on the same day that the Daily Mirror revealed “Ministers are blowing £1.3 million on staff to carry out checks for its flagship benefits cap – because the computer system needed to do the job has yet to be built”.

The cap, locking benefits to a £500-per-week limit for all families, was introduced in a few pilot areas in April, in order to cut the amount of money being spent on social security by £270 million. But a Parliamentary answer by employment minister Mark Hoban revealed that the department had been forced to employ 112 workers to check what each household receives and determine whether any are exempt from the cap.

He said it would remain in place “until an automated solution is developed and introduced”.

It is clear that ministers at the DWP had no intention of admitting that this work was being carried out manually at huge cost – just as they have done everything they could to deny the failure of the Universal Credit computer system that has meant the roll-out of Iain Duncan Smith’s flagship scheme was at first limited to the easiest claims in just one Job Centre, where they could be worked out on paper.

What sort of person believes that £1.3 million is better spent on a face-saving exercise than a life-saving one? This, too, is perverse. The money could be spent supporting some of the many thousands whose lives are being wrecked by current DWP policies.

Sadly, we all know exactly who would behave this way: Iain Duncan Smith, Secretary of State for Lying.

One of the few facts about LieDS’ life that we know to be true is that he spent time in the military, where he served as a bag-carrier for a superior officer. Put this career under scrutiny, though, and there are parts of it that don’t stand up. for example: the claim that he left the Army as a captain is not true, according to the London Gazette.

A commenter on politicalscrapbook.net has discovered that he only made it up the greasy pole to Lieutenant before leaving.

Another commenter pointed out that he attended Sandhurst, and that “five years out of Sandhurst you either make Capt. or leave”. This suggests another possibility.

‘Returned To Unit’ or ‘RTU’ refers to a military member being returned to their home base or home unit, and may be applied to a soldier who has failed officer training – but in these cases it is more likely that the person in question will be quietly returned to civilian life. The Army is not proud of its failures.

This is what Iain Duncan Smith is – a failure. His DWP policies show that in painful (and in some cases, terminal) clarity. It seems likely that his Army career, if examined with proper rigour, was similarly disastrous.

So here’s an idea. Let’s not call him ‘IDS’ any more. That’s far too respectful for this piece of… work.

From now on, he can be RTU.

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