Work Capability Reassessments

Jim Shannon Excerpts

Wednesday 5th December 2012 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for being a champion of this cause. I have a staff member who looks after nothing else but ESA and DLA appeals, because of the volume of those coming in. That is one of my great concerns. For descriptors, they ask them, “Can you move the box from here to there?” or “Can you hold the pint of milk?” Those descriptors do not apply to blind people, to people with depression or to those with severe mobility and other issues. Does the hon. Lady feel that the Government could look upon this matter more favourably and ensure that people have a report from a general practitioner, the person who medically knows them best of all?

[Sheila Gilmore]

Without a doubt, that is one way that it could be done. The flaws of the system include whether people are able to present information, when it is accepted and how it is used.

It seemed that the former Minister at least was prepared to move in respect of people’s being called back too quickly. I put this issue to the new Minister at the Select Committee on Work and Pensions evidence session held on 21 November, but I did not get a particularly helpful response. The Minister said,

“There is the opportunity for the tribunal to make a recommendation”,

which suggests that the tribunal could do that, but he then said,

“When that recommendation is made, it is something that the decision maker should take into account. I think there is also an issue about at what point of time is the tribunal disputing DWP’s decision.”

Should they be looking at

“the point in time the decision was made, which could be nine months earlier…or is it based on what they saw on the day in the tribunal? So there is a lack of clarity there, but I think we should take a fairly clear view about when reassessments should take place, and it is an area that decision makers should work on.”

The Minister used a lot of words, but did not provide clarity about our making progress on this matter. He was far less clear than his predecessor talking on a television programme. That was disappointing. Perhaps the Minister will provide clarification when responding.

Can the judges suggest a different prognosis time? Are they given guidance as to when they should and should not set prognosis times? Do the Government collect statistical analysis of how often judges take up this option? If they are allowed to do so, they appear to exercise that ability rarely. At what point and how are decision makers brought back into the process once a fit-for-work decision has been overturned? If that happens, could a decision maker at that stage, as opposed to at appeal, suggest a new prognosis time, even if the judge has not taken up the option? What guidance is provided to decision makers in this regard and are there any statistics on it?

I shall pre-empt the Minister by acknowledging that in government my party introduced ESA and the work capability assessment. I do not raise these issues to make political points, but in a genuine attempt to get them dealt with. I have repeatedly stated that I came to this place determined to raise these issues, regardless of who won the election. I first came across many of the issues as I was campaigning for election. I was concerned about a politicised response at the last Work and Pensions oral questions, consisting too much of saying, “You introduced it,” which did not get to the crux of these issues.

It would help if the Minister provided clarity on the following points. Do decision makers set prognosis times for claimants found fit for work? If so, why are those not overturned when this happens to corresponding fit-for-work decisions? Can judges set new prognosis times when they overturn decisions? What role do decision makers have with respect to prognosis times following successful appeals?

Finally, I seek an update on the apparent instruction from the former Minister to civil servants that the time between reassessments should be reduced. A central recommendation of Professor Harrington’s first report was that the WCA should be more compassionate and empathetic, and this will only be achieved once Ministers intervene and stop people being called back for reassessments immediately after successful appeals.

--- Later in debate ---

[Jim Shannon]

In my earlier intervention, I mentioned the possibility of medical evidence being sought before any decision. Have the Government considered direct contact with the GP so that an assessment of the person can clearly be made on a medical basis?

[Esther McVey]

As I said, all factors will be taken into account for the individual having an assessment. It is true that a small number of claimants are asked to attend a further work capability assessment as little as three months after a successful appeal, but only after careful consideration of all the available evidence by the decision maker. Our latest data show, however, that that only happens in around 5% of cases. As part of our ongoing commitment to continuous improvement, the process was reviewed, with revised guidance issued to decision makers in February 2011 to ensure that they were actively considering a suitable re-referral date, so that claimants are called back when most appropriate for them.

Following the recommendations from Professor Harrington’s year two review, a regular audit of decision-maker performance is now conducted via the quality assurance framework, whereby checks are made on a sample of ESA and IB reassessment decisions. We also conduct twice yearly calibration exercises at a national level to ensure consistent application of the quality assurance framework. More than 90% of decisions met the required standard each month between February and September 2012. Additionally, due to changes introduced in July 2012, we have improved the process for receiving feedback from the tribunals if the tribunal has overturned the original decision. Judges now have the discretion to include a recommendation of when the next WCA should take place on the tribunal’s decision notice. The decision maker will take account of that recommendation when setting the review date.

I recognise that the number of appeals that the Department receives, as well as the effect on the individuals concerned, is an emotive issue. I also acknowledge that the volume of appeals has increased significantly over recent years, but that, too, is being addressed. I want to ensure that the decision making is right first time around, which was a focus of Professor Harrington’s independent reviews of the WCA. He has made a number of recommendations to support such an approach to decision making. As a result, we have: changed how we communicate with claimants, to explain the process more clearly; put decision makers at the heart of the process; and introduced the quality assessment framework to improve the quality of decisions made. We have also introduced the personalised summary statement and regional mental function champions to improve the quality of face-to-face assessments.

If a claimant disputes a decision, however, we must be able to resolve the dispute within the DWP, whenever possible. If the dispute cannot be resolved within the DWP, we need to ensure that an effective and efficient dispute resolution procedure is in place. The DWP and Her Majesty’s Courts and Tribunals Service are working together to improve the quality of initial decision making to address the high levels of appeals while ensuring that fairness and efficiency are maintained.