The contract for the new Health and Work Service in England and Wales will be delivered by Health Management Ltd – a MAXIMUS company.
This is triply bad for the United Kingdom.
Firstly, MAXIMUS is an American company so yet again, British taxpayers’ money will be winging its way abroad to boost a foreign economy, to the detriment of our own.
Next, MAXIMUS is already a Work Programme provider company in the UK. The Work Programme attempts to shoehorn jobseekers – including people on incapacity benefits – into any employment that is available, with the companies involved paid according to the results they achieve (on the face of it. In fact, it has been proved that the whole system is a scam to funnel taxpayers’ money into the hands of private firms as profit, whether they’ve done the work or not). Health and Work, on the other hand, is a strategy to slow the number of people claiming incapacity benefits with an assessment system – think ‘Work Capability Assessment’ designed to fast-track sicknote users back to their jobs.
We know from the government’s original press release that it has failed to reach its target for clearing people off incapacity benefit, so it seems that Health and Work has been devised to make more profit for MAXIMUS by ensuring that it can claim fees, not only for the number of incapacity benefit claimants it handles on the Work Programme, but also for the number of employees it ensures will NOT claim incapacity benefits.
It’s a win-win situation for the company and a clear conflict of interest – logically the firm will concentrate on whichever activity brings it the most UK government money. MAXIMUS may claim there are ‘Chinese walls’ to prevent any corruption, such as one activity being carried out by a subsidiary, but this must be nonsense. MAXIMUS will do what is best for MAXIMUS.
Thirdly, we have a new layer of bureacracy to torture sick people who only want peace and quiet in order to get better. Look at what Vox Political had to say about the scheme when it was announced in February:
“‘The work-focused occupational health assessment will identify the issues preventing an employee from returning to work and draw up a plan for them, their employer and GP, recommending how the employee can be helped back to work more quickly.’
“Health doesn’t get a look-in.
“No, what we’re most probably seeing is an expansion of the “biopsychosocial” method employed in work capability assessments, in an attempt to convince sick people that their illnesses are all in their minds. Don’t expect this approach to be used for people with broken limbs or easily-medicated diseases; this is for the new kinds of ‘subjective illness’, for which medical science has not been prepared – ‘chronic pain’, ‘chronic fatigue syndrome’, fibromyalgia and the like.
“People with these conditions will probably be sent back to work – with speed. Their conditions may worsen, their lives may become an unending hell of pain and threats – I write from experience, as Mrs Mike spent around two years trying to soldier on in her job before finally giving up and claiming her own incapacity benefits – but that won’t matter to the DWP as long as they’re not claiming benefits.”
That previous article was wrong, in fact. There is a health angle to this.
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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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“This particular Secretary of State, along with his Department, is pushing people through [the] cracks and hoping that the rest of the country will not notice that they have disappeared.” – Glenda Jackson MP, June 30, 2014.
If the man this blog likes to call RTU (Returned To Unit) thought he would be able to show that his behaviour had improved, he was sorely mistaken – as the comment above illustrates.
It is vital that this information reaches the general public despite the apparent news blackout, in the mainstream media, of any disparaging information about Duncan Smith or his DWP.
But we were discussing the debate as a trial. Let us first look at the evidence in favour of the government.
There. That was illuminating, wasn’t it?
Seriously, the government benches were unable to put up a single supportable point against the mountain of evidence put forward by Labour.
Iain Duncan Smith, the Secretary-in-a-State, resorted yet again to his favourite tactic – and one for which he should have been sacked as an MP long ago – lying to Parliament. He accused Labour of leaving behind a “shambles” – in fact the economy had begun to improve under intelligent guidance from Alistair Darling. “The economy was at breaking point,” he said – in fact the British economy cannot break; it simply doesn’t work that way. His claim that “We were burdened with the largest deficit in peacetime history” is only supportable in money terms, and then only because inflation means the pound is worth so much less than it was in, say, the 1940s – or for the entire century between 1750 and 1850. He called yesterday’s debate “a cynical nugget of short-term policy to put to the unions,” but the evidence below renders that completely irrelevant.
He said complaints about long delivery times for benefits were “out of date” – a common excuse. He’ll do the same in a few months, when the same complaint is raised again.
“Universal Credit is rolling out to the timescale I set last year,” he insisted – but we all know that it has been ‘reset’ (whatever that means) by the government’s Major Projects Authority.
He said there had been four independent reviews of the work capability assessment for Employment and Support Allowance, with more than 50 recommendations by Sir Malcolm Harrington accepted by the government. This was a lie. We know that almost two-thirds of the 25 recommendations he made in his first review were not fully or successfully implemented.
He said appeals against ESA decisions “are down by just under 90 per cent” – but we know that this is because of the government’s unfair and prejudicial mandatory reconsideration scheme – and that the DWP was bringing in a new provider to carry out work capability assessments. Then he had to admit that this provider has not yet been chosen! And the backlog of claims mounts up.
He tried to justify his hugely expensive botched IT schemes by pointing at a Labour scheme for the Child Support Agency that wasted hundreds of millions less than his Universal Credit, without acknowledging the obvious flaw in his argument: If he knew about this mistake, why is he repeating it?
Conservative Mark Harper said Labour opposed the Tories’ most popular scheme – the benefit cap. That was a lie. Labour supported the cap, but would have set it at a higher level. We know that the Coalition government could not do this because it would not, then, have made the huge savings they predicted.
Now, the evidence against.
First up is Rachel Reeves, shadow secretary of state for work and pensions: “After £612 million being spent, including £131 million written off or ‘written down’, the introduction of Universal Credit is now years behind schedule with no clear plan for how, when, or whether full implementation will be achievable or represent value for money.
“Over 700,000 people are still waiting for a Work Capability Assessment, and… projected spending on Employment and Support Allowance has risen by £800 million since December… The Government [is] still not able to tell us which provider will replace Atos.
“Personal Independence Payment delays have created uncertainty, stress and financial costs for disabled people and additional budgetary pressures for Government… Desperate people, many of whom have been working and paying into the system for years or decades and are now struck by disability or illness, waiting six months or more for help from the Department for Work and Pensions.
“The Work Programme has failed to meet its targets, the unfair bedroom tax risks costing more than it saves, and other DWP programmes are performing poorly or in disarray.
“Spending on housing benefit for people who are in work has gone up by more than 60 per cent, reflecting the fact that more people are in low-paid or insecure work and are unable to make ends meet, even though they may be working all the hours God sends.
“More than five million people — 20 per cent of the workforce — are paid less than the living wage. Furthermore, 1.5 million people are on zero-hours contracts and 1.4 million people are working part time who want to work full time.
“This… is about the young woman diagnosed with a life-limiting illness who has waited six months for any help with her living costs. It is about the disabled man whose payments have been stopped because he did not attend an interview to which he was never invited.
“The Government are wasting more and more taxpayers’ money on poorly planned and disastrously managed projects, and are allowing in-work benefits to spiral because of their failure to tackle the low pay and insecurity that are adding billions of pounds to the benefits bill.
“The Government are careless with the contributions that people make to the system, callous about the consequences of their incompetence for the most vulnerable, and too arrogant to admit mistakes and engage seriously with the task of sorting out their own mess.
“What this Government have now totally failed to do is to remember the human impact, often on people in vulnerable circumstances, of this catalogue of chaos. Behind the bureaucratic language and spreadsheets showing backlogs and overspends are people in need who are being let down and mistreated, and taxpayers who can ill afford the mismanagement and waste of their money.
“To fail to deliver on one policy might be considered unfortunate; to miss one’s targets on two has to be judged careless; but to make such a complete mess of every single initiative the Secretary of State has attempted requires a special gift. It is something like a Midas touch: everything he touches turns into a total shambles.
“Meanwhile, the Secretary of State will spew out dodgy statistics, rant and rave about Labour’s record, say “on time and on budget” until he is blue in the face and, in typical Tory style, blame the staff for everything that goes wrong.”
Julie Hilling (Labour) provides this: “The Government do not know what they are talking about… They talk about the number of jobs being created, but they do not know how many of them are on zero-hours contracts or how many are on Government schemes or how many have been transferred from the public sector.”
Stephen Doughty (Labour/Co-op): “another stark indictment of their policies is the massive increase in food banks across this country.”
Helen Jones (Labour): “When I asked how many people in my constituency had been waiting more than six months or three months for medical assessments for personal independence payment, the Government told me that the figures were not available. In other words, they are not only incompetent; they do not know how incompetent they are!”
Sheila Gilmore (Labour): “Although the problems with Atos were known about—and it is now being suggested that they had been known about for some time—a contract was given to that organisation for PIP. Was due diligence carried out before the new contract was issued?”
Gordon Marsden (Labour): “Many of my constituents have been caught by the double whammy of delays involving, first, the disability living allowance and now PIP. They have waited long periods for a resolution, but because a decision is being reconsidered, their Motability — the lifeline that has enabled them to get out of their homes — has been taken away before that decision has been made. Is that not a horrendous indictment of the Government?”
Emily Thornberry (Labour): “I have been making freedom of information requests.. in relation to mandatory reconsiderations. When people get their work capability assessment, and it has failed, before they can appeal there has to be a mandatory reconsideration. The Department does not know how many cases have been overturned, how many claimants have been left without any money and how long the longest period is for reconsideration. It cannot answer a single one of those questions under a freedom of information request.”
Natascha Engel (Labour): “The welfare state is designed as a safety net to catch people who absolutely cannot help themselves… That safety net is being withdrawn under this government, which is certainly pushing some of my constituents into destitution.”
There was much more, including the devastating speech by Glenda Jackson, partly in response to Natascha Engels’ comments, that is reproduced in the video clip above.
The vote – for the House of Commons to recognise that the DWP was in chaos and disarray – was lost (of course). A government with a majority will never lose such a vote.
But once again, the debate was won by the opposition. They had all the facts; all the government had were lies and fantasies.
By now, one suspects we all know somebody who has died as a result of Coalition government polices on welfare (or, preferably, social security). Two such deaths have been reported in the Comment columns of Vox Political since the weekend, and it is only Tuesday.
That is why it is vital that this information reaches the general public despite the apparent news blackout, in the mainstream media, of any disparaging information about Duncan Smith or his DWP.
Share it with your friends, use parts of it in letters to your local papers or radio stations, even mentioning it in conversation will help if the other person isn’t aware of the facts.
Don’t let it be suppressed.
You don’t want to do Iain Duncan Smith’s work for him, do you?
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Ignorance is most definitely not bliss for Dr Paul Litchfield.
The man was hand-picked by the Coalition government to review its hated Work Capability Assessment system of handling Employment and Support Allowance claims, amid rumours that previous incumbent Professor Malcolm Harrington had been unhappy with political decisions that ran against his findings. But he delivered a woeful performance to the House of Commons’ Work and Pensions committee last month.
He claimed to have no information about the staggering number of people who have died after going through the assessment system he is being paid to review, totalling 10,600 between January and November 2011 – that’s 220 per week or three every four hours. “I don’t have any information of that type; I haven’t seen numbers on that. Clearly every case would be a tragedy,” he said.
Clearly this expert has yet to gain access to some very important information!
In advance of the fifth and final review of the WCA, lead researcher and disabled veteran Mo Stewart has written to offer him the benefit of four years’ detailed research evidence.
“The lacklustre 4th review of the WCA left a great deal to be desired,” she told Vox Political. “Now, with the news that Litchfield worked with Unum Insurance on the Technical and Consultative Working Group involved with the creation of the WCA, it can’t be too much of a surprise that Litchfield claims that the WCA had been designed ‘…with considerable rigour’.”
Mo Stewart’s lengthy letter to Litchfield has been distributed to a long list of distinguished experts and professionals, and it will be interesting to see if Dr Litchfield takes the time to respond and to react to the detailed research evidence Mo exposed – evidence that has been frequently quoted during welfare debates in the House of Lords and the House of Commons over the past three years.
You can read her letter for yourself, because Mo has sent Vox Political a copy. Just click on the link here.
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He knows he’s in trouble: Mike Penning, staring down the hole in his claims about Atos.
The Liverpool Echo has reported the death of a woman who had been ordered to claim the new Personal Independence Payment – and was then denied any benefit payments for six months.
At the same time, we have learnt that disabilities minister Mike Penning has been caught giving false evidence to a Parliamentary committee on the way contracts for the assessment of disability benefits have been awarded.
The two are not unconnected, it seems.
Annette Francis was found dead at her home in Garston on May 22. She had been suffering severe mental illness but had not received a single penny of disability benefit for six months, since the Department for Work and Pensions had stopped her claim for Disability Living Allowance and told her to apply for PIP.
She did so – but was still waiting for her first payment at the time of her death. She leaves an 11-year-old son, who is currently in the care of his great-aunt.
Problems with the private companies that carry out work capability assessments for benefits including PIP and Employment and Support Allowance (ESA) were discussed with disabilities minister Mike Penning in December last year – right around the time Ms Francis’s DLA was being cut off.
He told the Commons Work and Pensions Committee that problems with the firm carrying out the assessments – Atos – were created because it was not possible to make a profit on the contract it signed with the previous Labour government.
He said: “We are picking up the mess behind that.”
If he was telling the truth, he didn’t pick it up quickly enough. But it seems more likely that he was lying.
According to Sheila Gilmore, a Labour MP who sits on the Work and Pensions committee, “he is not entitled to access advice given to the previous Government on the assumptions Atos made as part of their tender”. In that case, he could not possibly have been aware of the terms under which Atos was employed by Labour and was therefore lying to his fellow MPs.
So we are left to ask which situation is worse – one in which a woman has died because a private company carrying out a public service was upset that it couldn’t make a profit, or one in which she died because the same public service has been unforgivably delayed while the private company and the government have been arguing about how much profit it should make?
Either way, unless Penning gets his apology and correction sorted out quickly, he should be booted out of Parliament in disgrace.
His boss is Iain Duncan Smith, who will be appearing on the BBC’s Question Time on Thursday. Do you think this will get a mention?
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It seems some of your favourite bloggers – including Yr Obdt Srvt – have been hoodwinked by a hoax claim that assessment criteria for the new Personal Independence Payment have been made much more severe than has been the case until now.
If you were distressed by this article, please be reassured that – from what has been said over the last few hours – it is not accurate.
Vox Political only published the claims because they came here via a colleague of good character who in turn received it from a trustworthy source. There were telltale signs that it was a wrong ‘un – for example the fact that the story is based on unsubstantiated information allegedly provided by an anonymous Atos employee to an equally anonymous source – but here at VP it was felt that the possibility of another DWP betrayal merited a mention.
Much of the hoax article focused on the descriptors used to define the effects of their disabilities on a claimant. These are defined by regulations that can only be changed by Parliament (although not by an Act of Parliament, if I understand correctly) and that should have been evidence enough that the claims were false.
But we know that Iain Duncan Smith, Lord Freud and the other vipers infesting the Department for Work and Pensions like to change the conditions in which people receive benefit – especially if it helps them reach their savings targets. This goes for the rest of the Conservative-led government too; they hide information from us.
Look at the ‘negative resolution’ the government introduced last year, to open England’s health service to widespread competition. This happened after the Conservatives (Andrew Lansley in particular) promised on their honour that they would do no such thing. Their plan was that the new rules would not be discussed, and there would be no vote; instead they would automatically become law. How could any of us know whether the government was planning more of the same?
Let us decide, for the moment, that this was a hoax. Some commentators have suggested that it has been planted by fifth columnists working for the government but claiming to be acting for the people, in order to bring other, more substantial criticisms of DWP policies into disrepute. This seems unlikely.
Instead, it shows us that the policies put forward over the last four years by Mr Duncan Smith and his colleagues, together with the way they have been implemented, have shown ineptitude, underhandedness and treachery of such magnitude that people now believe they are capable of anything at all – even the bizarre and contradictory changes that were publicised yesterday.
This is the government department that changed the assessment rules for Employment and Support Allowance to such a degree that the death rate for people claiming the benefit rocketed. Iain Duncan Smith’s solution: Stop publishing mortality statistics for people claiming incapacity benefits.
This is the government department that, faced with a court ruling that its rules for mandatory work activity were illegal, simply changed the law in order to legalise them. This act alone made the Coalition government a criminal regime.
This is the government department whose behaviour shows only one area of consistency – continually making false or misleading claims about its work. Take a look at DPAC’s excellent Report on DWP Abuse of Statistics from June last year for no less than 35 examples of this.
When you are discussing liars it is easy to believe lies about them.
This is why it will be hard to believe any attempt by the DWP to discredit its critics on the basis of this single hoax.
If Iain Duncan Smith wants us to believe him, why doesn’t he give us those ESA death stats we’ve wanted for so long?
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Dr Paul Litchfield, here pictured giving evidence at another committee meeting – so it’s probably another load of tripe.
An evidence session on Employment and Support Allowance and Work Capability Assessments was held by the House of Commons Work and Pensions Committee on Wednesday – and was notable for the fact that the ‘expert’ hired to review the system claimed to know nothing about the thousands of deaths taking place because of the current system.
Dr Paul Litchfield OBE was hired to take over from Professor Malcolm Harrington to carry out the fourth annual independent review of the assessment process. It seems Prof Harrington was replaced amicably, but evidence has come to light that he was not happy with political decisions that ran against his findings.
A claim that the government was taking “appropriate steps” in areas singled out for improvement by Prof Harrington was disproved when it was revealed that almost two-thirds of the 25 recommendations he made in his year one review were not fully and successfully implemented.
The government also claimed, repeatedly, that Prof Harrington had supported the migration of Incapacity Benefit claimants to ESA. When fellow blogger Sue Marsh contacted him for confirmation, he responded: “I NEVER—repeat–NEVER agreed to the IB migration. I would have preferred that it be delayed but by the time I said that, the political die had been cast. I then said that I would review progress of that during my reviews. The decision was political. I could not influence it. IS THAT CRYSTAL CLEAR?”
The vehemence of his response suggests some friction with his former employers at the very least – and over “political” decisions.
Now we have Dr Litchfield, who claims to have no information about the staggering number of people who have died after going through the assessment system he is being paid to review. Doesn’t that seem – at the very least – a little odd?
He could have, at least, looked up the government’s own statistical release ‘Incapacity Benefits – Deaths of Recipients’ from July 2012. It is long out-of-date and pressure on the government for fresh figures has been stonewalled for two years, but it does show that 10,600 people died between January and November 2011 – including an average of 73 people every week, when the system claimed they were still being assessed or should be getting better. These figures are believed to be inaccurate measures as the government does not monitor deaths of people who have been refused the benefit – the vast majority of claimants.
It seems we are dealing with another Tory yes-man, hired not to improve ESA, but to make it and the government look good.
Dr Litchfield’s attitude is revealed on the video record of the meeting, which is available on the Parliament UK website, starting two hours, 11 minutes and 41 seconds into the recording.
Committee member Debbie Abrahams (Labour) had just received a Tweet stating: “Litchfield doesn’t want to come out and say scrap WCA because 10,600 dead or he’ll be out of a job, slime bag.”
Turning to Litchfield, she said: “I’ve just been contacted by someone who is commenting on the number of people that are dying every week as a result of being found fit for work after an assessment. I don’t know if you’d like to comment on that?”
The response – from the man who is supposed to have every scrap of information about ESA, let us remember – was as follows: “I don’t have any information of that type; I haven’t seen numbers on that. Clearly every case would be a tragedy.”
That is infuriating for campaigners – one of whom contacted Vox Political and stated: “The wicked toad said he had no knowledge of the deaths. What a lie, how evil – it’s common knowledge, it’s DWP’s own figure, it’s been brought up many times in House of Commons debates… They should sack him and not believe a word he says… no impartiality whatsoever.”
It seems the tragedy, in this case, is the hiring of Dr Litchfield.
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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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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.
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Dame Anne Begg has responded to concerns that people who submitted evidence to the Commons Work and Pensions Committee’s inquiry into Employment and Support Allowance and Work Capability Assessments were being sidelined – with a denial.
The committee’s chairperson said the call for evidence generated 190 submissions, and every single submission will be circulated to all committee members.
In addition, the committee clerk in charge of the inquiry, who will be writing the brief for committee members, has carefully read all the submissions as they have come in, she stated in an email yesterday. (March 30)
“However, in line with our practice in the past when we have received a large number of submissions describing personal experiences (such as our inquiries into the roll out of ESA and the Pensions Bill) we have taken the decision that not all of the personal submissions will be treated as ‘formal written evidence’ which is published along with our report,” she continued.
“This is because a number were very personal in nature, or didn’t address the terms of reference, while some asked for anonymity which isn’t possible in formal evidence, or included inappropriate language.
“It was made clear in our call for evidence that the committee would make the decision whether a submission would be treated as formal evidence or not. However, it is still treated as evidence – just not ‘formal written’ evidence.
“Once the formal evidence is published, you will be able to see that there are quite a number from individuals so it is simply untrue to say that all individual submissions are being ignored, suppressed or sidelined.”
Are you happy with that?
Personally, I can’t say that I am entirely convinced, as my own evidence (for example) fits the required criteria and should not be omitted from the formal evidence for the reasons Dame Anne mentioned in her email. Yet this is what has happened.
I responded, saying it is hard to give the benefit of the doubt to any Parliamentary investigation into this issue because of the mistreatment that people have suffered over the past few years.
While I would like to think that the Work and Pensions Committee, and those who work for it, will treat us all with fairness, it is only prudent to suggest that we all keep a watchful eye on proceedings, including all documentation that comes from this inquiry. If there is the slightest hint of foul play, then it will be our responsibility to raise the alarm.
Hopefully Dame Anne, the committee and its clerks have realised that their conduct is being scrutinised.
Vox Political speaks up for the people
… and we need people to ‘stump up’ for us.
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