Two TV programmes last night exposing the scandal of the DWP and ATOS perversely declaring people fit for work when they clearly aren't. I am interviewed on Panorama.
Most disturbing of all are the evasive and contradictory comments on Panorama by DWP Minister Chris Grayling MP about whether or not there are targets to cut the numbers getting benefits. In the context of a legally regulated system, targets would not only be unlawful but potentially actionable by anyone who has lost out as a result.
Just as well he was not appearing before a Tribunal or his evidence might be declared unreliable. Also his awful comment which encourages judges to ignore the law when making decisions on appeals.
Funny how many rulers seem to think that the rule of law only applies to laws which control the poor and not to laws which empower them and help them achieve justice.
BBC Panorama Channel 4 Dispatches
Tuesday 31 July 2012
More forced, unpaid labour
A report that compulsory unpaid work for Jobseekers Allowance claimants will be extended. I did warn you. All the evidence (examples given in this blog) shows that this won't reduce unemployment, so the government's response will be to extend it further: 9 months? 12 months? Forever?
Note the typically hopeless comment by the useless Liam Byrne MP.
Note the typically hopeless comment by the useless Liam Byrne MP.
Sunday 8 July 2012
Doctors' advice ignored by politicians
The doctors' professional association, British Medical Association, is the latest organisation to call for the Employment and Allowance Work Capability Assessment to be scrapped. They rightly describe it harmful to vulnerable people and "accusatory".
You can read their comments here.
Shortly after, Citizens Advice reports a surge in people seeking advice about ESA appeals - at a time when funding for advice agencies is being cut back.
Like patients who are too obsessed and arrogant to have any insight into their health-damaging behaviour, I doubt that any national politicians will be taking the doctors' advice.
You can read their comments here.
Shortly after, Citizens Advice reports a surge in people seeking advice about ESA appeals - at a time when funding for advice agencies is being cut back.
Like patients who are too obsessed and arrogant to have any insight into their health-damaging behaviour, I doubt that any national politicians will be taking the doctors' advice.
The on-off video
The Ministry of Justice publishes several public information videos on YouTube - topics include how to be a witness, what happens at an Employment Tribunal and so on. It's the sort of neutral and useful information you'd expect to see. In March they uploaded a short video showing what happens at a Tribunal hearing Employment and Support Allowance (ESA) appeals.
Obviously the DWP didn't like this - by demystifying the process, it was likely to encourage appellants to attend the Tribunal and thus increase their chances of success. So on 19th March Chris Grayling MP, DWP Minister responsible for ESA sent an email to the Ministry of Justice objecting to the content.
I obtained the email using the Freedom of Information Act. Here it is:
“From: Minister for Employment [mailto:MINISTER.EMPLOYMENT@DWP.GSI.GOV.UK]
Sent: 19 March 2012 14:32
To:
Cc: Minister for Employment
Subject: Youtube video about appeals
Afternoon, our attention has been drawn to a video on your official youtube channel that talks about making an appeal on Employment and Support Allowance: http://www.youtube.com/watch?v=4L8EPHDjeqU
Specific concerns are:
• The line that the claimant may not have had a chance to talk to someone since the decision was made - our new processes ensure that Jobcentre Plus will have spoken to the claimant to ensure they understand what the decision is, why it’s been made and what they can do next;
• It says the claimant will have received a medical examination - the Work Capability Assessment is not a medical examination, if the word medical must be used we’d be OK with medical assessment, but would prefer something like “an assessment of your capability for work”;
• It mentions bringing additional evidence to the tribunal - again, our new processes are trying to ensure that new medical evidence doesn’t just go to the tribunal but instead gets to JCP first so we can undertake a reconsideration;
• It notes that JCP doesn’t normally send anyone to a tribunal - while this is true both because of cost and because the evidence suggests it makes no difference to the tribunal decision, it does feel quite a negative comment. The appearance of a presenting officer or not doesn’t reflect how important we feel the tribunal is or the claimant’s case is; and
• A couple of times it’s noted that a claimant is twice as likely to win their appeal if they turn up in person - again this is broadly true, but doesn’t help to reduce the opinion that it isn’t the facts of the case that are important, but the turning up in front of a tribunal and pleading their case.
Can we discuss what we might be able to do? ”
So basically, Grayling objected to various comments which would encourage people to participate in the hearing. His objection to "medical examination" is perverse - not only is the phrase used in the law, but it's also used by ATOS and DWP in their letters to people.
He also wanted people to not send in evidnce to the Tribunal - this would put people at a huge disadvantage and the rationale that DWP should see it is misleading because all evidence sent in advance is copied to all parties, including DWP and if they had the courtesy to actually attend Tribunal hearings, they'd get to see evidence handed in at the hearing. And as we all know, even when they have seen compelling evidence, the DWP still ignore it.
Anyway, having had this information released, by coincidence (?) the video re-appeared on YouTube the same day I received the information. This then led to over 9,000 views as word got out on the disability and advice networks - Grayling's attempt to censor the video just increased the level of interest in it. Curiously, the Ministry of Justice denied that any information exists about the video!
Having had such a surge in interest, the video was again taken offline by the Ministry of Justice. "Mystery of Justice" might be a better description.
I have fired off another Freedom of Information request, but this will take weeks. In the meantime, various people made copies of the video and you can view it on Youtube by searching here.
So far over 5,000 people have since seen it.
Obviously the DWP didn't like this - by demystifying the process, it was likely to encourage appellants to attend the Tribunal and thus increase their chances of success. So on 19th March Chris Grayling MP, DWP Minister responsible for ESA sent an email to the Ministry of Justice objecting to the content.
I obtained the email using the Freedom of Information Act. Here it is:
“From: Minister for Employment [mailto:MINISTER.EMPLOYMENT@DWP.GSI.GOV.UK]
Sent: 19 March 2012 14:32
To:
Cc: Minister for Employment
Subject: Youtube video about appeals
Afternoon, our attention has been drawn to a video on your official youtube channel that talks about making an appeal on Employment and Support Allowance: http://www.youtube.com/watch?v=4L8EPHDjeqU
Specific concerns are:
• The line that the claimant may not have had a chance to talk to someone since the decision was made - our new processes ensure that Jobcentre Plus will have spoken to the claimant to ensure they understand what the decision is, why it’s been made and what they can do next;
• It says the claimant will have received a medical examination - the Work Capability Assessment is not a medical examination, if the word medical must be used we’d be OK with medical assessment, but would prefer something like “an assessment of your capability for work”;
• It mentions bringing additional evidence to the tribunal - again, our new processes are trying to ensure that new medical evidence doesn’t just go to the tribunal but instead gets to JCP first so we can undertake a reconsideration;
• It notes that JCP doesn’t normally send anyone to a tribunal - while this is true both because of cost and because the evidence suggests it makes no difference to the tribunal decision, it does feel quite a negative comment. The appearance of a presenting officer or not doesn’t reflect how important we feel the tribunal is or the claimant’s case is; and
• A couple of times it’s noted that a claimant is twice as likely to win their appeal if they turn up in person - again this is broadly true, but doesn’t help to reduce the opinion that it isn’t the facts of the case that are important, but the turning up in front of a tribunal and pleading their case.
Can we discuss what we might be able to do? ”
So basically, Grayling objected to various comments which would encourage people to participate in the hearing. His objection to "medical examination" is perverse - not only is the phrase used in the law, but it's also used by ATOS and DWP in their letters to people.
He also wanted people to not send in evidnce to the Tribunal - this would put people at a huge disadvantage and the rationale that DWP should see it is misleading because all evidence sent in advance is copied to all parties, including DWP and if they had the courtesy to actually attend Tribunal hearings, they'd get to see evidence handed in at the hearing. And as we all know, even when they have seen compelling evidence, the DWP still ignore it.
Anyway, having had this information released, by coincidence (?) the video re-appeared on YouTube the same day I received the information. This then led to over 9,000 views as word got out on the disability and advice networks - Grayling's attempt to censor the video just increased the level of interest in it. Curiously, the Ministry of Justice denied that any information exists about the video!
Having had such a surge in interest, the video was again taken offline by the Ministry of Justice. "Mystery of Justice" might be a better description.
I have fired off another Freedom of Information request, but this will take weeks. In the meantime, various people made copies of the video and you can view it on Youtube by searching here.
So far over 5,000 people have since seen it.
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