Errol Graham: DWP and Safeguarding Adults Board Inquiry

Lilian Greenwood Excerpts

Tuesday 6th June 2023 Commons Chamber

[Debbie Abrahams]

The hon. Gentleman is absolutely right. In fact, he was in the Chamber back in February 2020 when we had the previous debate and described some of these events. Three years on, nothing has changed. He is absolutely right: not only would it be nice, but it is a requirement. The DWP has a safeguarding requirement and a responsibility to ensure that the claimants who come to its attention are adequately protected.

[Lilian Greenwood (Nottingham South) (Lab)]

I congratulate my hon. Friend on securing today’s debate, which obviously highlights the sad death of my constituent Errol Graham. The purpose of a safeguarding adults review is not to hold an individual or organisation to account, but it is about agencies learning lessons to improve future practice. If tragedies such as Errol’s death are to be prevented in future, which I am sure is what we all want, surely all agencies must share the relevant information with the board. Does she share my concern—I know she does—that in failing to share that 2014 assessment, the DWP did not assist the local authority in its really important duty in that respect?

[Debbie Abrahams]

My hon. Friend is absolutely right. That is the purpose of this Adjournment debate. The situation has gone on for too long, with information not shared and information lost—I will come to that later on. There have been concerns about how the Department has acted to safeguard not just individual claimants but the information it has on claimants, so that it can learn those lessons and improve its practices.

This information from the 2014 work capability assessment—do not forget, Errol died in 2018—expressed in the clearest language that he would not be fit to work “indefinitely”. That was the language of the assessor. It was not him saying that he was not fit to work; it was the language on that 2014 work capability assessment, which was not presented either to the safeguarding review or to the High Court judge. It also was not presented at the coroner’s inquest. The presenting of that report to the organisations that should have had it when making assessments of the circumstances of Errol’s death has been carefully avoided. This is serious stuff. I know that the Minister is relatively new in the role, but I want to know why that 2014 work capability assessment was not provided specifically to the recent safeguarding review board. I will go back to the other instances in a moment.

My hon. Friend is absolutely right about to Errol. Errol was her constituent, and I have had long-standing contact with Mr Graham’s daughter-in-law, Alison Burton. She has said that the Department’s behaviour raises “serious questions” about its honesty and transparency, given the Department’s knowledge of Errol’s significant mental distress and its failure to disclose it to the safeguarding review. That can be taken in conjunction with the Department’s failure to provide peer review reports into the deaths of claimants to the independent reviewers of the work capability assessment, Professor Harrington and Dr Litchfield. Members will be aware that there was a statutory requirement to undertake independent reviews of the work capability assessment. There were two separate assessors; one was Professor Harrington, and the other was Professor Litchfield. None of the peer reviews—there have been a number of different names for what happens when the Department investigates the deaths of claimants—or serious case reviews and so on were provided to the independent reviewers.

The response I got when I asked various urgent questions on this issue a few years ago was, “Well, they did not ask for them.” Then—this is all on the record; I was going over it last night when I was writing this speech— in response to the urgent question that I secured on this issue, the answer was, “Well, they were lost. We no longer have these reports, so we cannot provide them.” It is clear to see why there is a crisis in confidence in the Department and why there is a lack of trust from not just families, but claimants themselves.

This issue needs to be seen in the context of the recent action by the Equality and Human Rights Commission, which 14 months ago issued a section 23 notice to the Department over its concerns about the evidence that the Department is discriminating against disabled claimants. For 14 months, there has been nothing—nothing—from the Department, and there has been nothing from this Government. Surely as a Government they would see that the equality laws that have been set for everyone should also apply to them, but, no, 14 months on, there has been nothing. I will let people draw their own conclusion on what drives that, but if we say that the first duty of any Government is to keep their citizens safe, I think we would all agree that the DWP is clearly failing as far as disabled claimants are concerned.

In a 21st-century civilised society, the circumstances that led to Errol’s death should shock us all, but Errol’s death, unfortunately, is just one of many, and there is a pattern here. In addition to the lack of safeguarding provisions that led to Errol’s death—even though, as I say, there was an awareness from 2014 of his severe condition—many social security claimants have been found fit to work and have then died. For example, a freedom of information application in 2019 showed that 274 claimants a month—a month—who had been found fit for work subsequently died within six months, which is a much higher mortality rate than for the population as a whole.

The true scale and causes of these deaths are simply unknown. In an answer to a written question I submitted last year, it was revealed that between 2019—so since the inquest into Errol’s death—and June 2022, 140 more claimants and 39 serious harms were being investigated by the DWP, but that is only what the Department says it is investigating. The National Audit Office, in its review in 2020, said that it is probably a much, much higher figure.

Errol’s story is an example of the Department’s failure to safeguard claimants, and subsequently to avoid any form of scrutiny or accountability. Any Government who were confident in their policies would be open to scrutiny, but there is a pattern of avoidance by the Department, including the refusal to provide various reports and data to the Work and Pensions Committee, on which I sit. I have asked this in the past, but I am going to give the Minister and the Government one more opportunity: will the Government convene an independent inquiry into the scale and causes of the deaths of social security claimants? The Minister is welcome to intervene on me, but if he wants to include that in his response to the debate, that would be absolutely fine.

The seven Nolan principles of public life apply to us all—Ministers and MPs. Two of them are openness and transparency, but unfortunately, those principles are absent from the Minister’s Department. In an area such as social security, this could not be more important. We need a paradigm shift in our social security system from one that demonises to one that is supportive and enabling. Disappointingly, I see a re-emergence of the vile shirker-scrounger narrative from 10 years ago, and a focus on working-age sick and disabled people and social security claimants.

I do not know whether there is anybody from The Daily Telegraph in the Gallery, but I have to point out that I saw its shameful editorial last week. Not only was it ignorant in some of the assertions made, but it has what I see as absolutely disgraceful rhetoric in trying to vilify social security claimants. Just like our NHS, our social security system should be there for any one of us in our time of need, providing dignity and security for all.

In 2020, I read from a list of people who we knew had died. At the time, I said:

“The death of any person as a result of Government policy is nothing less than a scandal… For too long, the Department has failed to address the effects of its policies. It must now act. Enough is enough.”—[Official Report, 24 February 2020; Vol. 672, c. 155.]

Three years later, 140 more families are grieving. When will the Government sort this out?

[Lilian Greenwood (Nottingham South) (Lab)]

I thank my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) for all her work on this issue, and for the support that she has offered to Errol Graham’s family. Errol’s death was shocking and disturbing. We cannot change what happened, but we can and must learn the lessons. I am sure that all Members of the House have experience of supporting constituents who are facing work capability assessments, and know the anxiety that such reviews can induce.

I was not intending to speak today, but reading the safeguarding adults board review again prompted me to want to share this. At his inquest, a letter written by Errol was read out. His family believe that he had intended to take it along to the work capability assessment. We do not know that; the letter is undated and it was never sent, but I think it gives an insight into how he felt, and I hope the House will indulge me if I share it now—it is relatively short.

“Dear Sir/Madam,

I’ve had to put in writing how I feel as I find it hard to express myself. I wish I could feel and function normally like anyone else, but I find this very hard. I can’t say I have a typical day because some are good, not many, clouded by very bad days. I get up as late as I can so that the day doesn’t seem too long. On a good day I open my curtains, but mostly they stay shut. I find it hard to leave the house on bad days. I don’t want to see anyone or talk to anyone. It’s not nice living this way. I’m afraid to put my heating on and sit with a quilt around me to keep me warm. I dread any mail coming, frightened of what it might be because I don’t have the means to pay, and this is very distressing. Most days I go to bed hungry, and I feel I’m not even surviving how I should be. Little things that people brush off are big things to me.

I have come on my own today because I have been unable to share how I feel with anyone because I don’t think they would understand. It has made me ill to come here today. It is a big ordeal for me. My nerves are terrible and coping with this lifestyle wears me out. Sometimes I can’t stand to even hear the washing machine and I wish I knew why. Being locked away in my flat I feel I don’t have to face anyone. At the same time, it drives me insane. I think I feel more secure on my own with my own company, but wish it wasn’t like that. I’m not a drinker and have never been so don’t think that I’m here to abuse the system. Please judge me fairly. I am a good person but overshadowed by depression. All I want in life is to live normally. That would be the answer to my prayers. Thank you to all for taking the time to read this letter, I really appreciate it. I don’t know how I’ll cope when I see you all. I hope I will be OK.”

I appreciate that the DWP did not know that that was how Errol felt, and neither did his social landlord or his GP. The coroner concluded that none of them were individually responsible for his death. However, the DWP was aware that Errol had a mental ill health condition.

In his response, will the Minister set out the steps that he is taking now to ensure that other claimants, both those currently supported by the DWP and those who might need support in the future, get the support that they need, and do not have their benefits cut off as a result of their poor mental health and inability to engage with the outside world and the agencies that should be there to support them? Errol’s case is utterly heartbreaking. We cannot change what happened, but we must learn the lessons for others and prevent future deaths of that sort.

--- Later in debate ---

[Lilian Greenwood]

I have listened with interest to what the Minister has said. As a result of the changes that the Department has made, is he confident that no one else will face the same position Errol faced because he disengaged? Nobody denies that he was not engaging with his GP, housing provider or the DWP, but the tragic fact is that he starved to death as a result of that failure to engage. The Minister described the new layer that is now in place if there are two failed safeguarding visits, but is he confident that someone whose mental ill health prevents them from engaging, as is set out so clearly and poignantly in the letter, would not face the same position of having their benefits withdrawn and, as a result, having nothing to eat, in a freezing cold home, with no utilities connected?

[Tom Pursglove]

It is impossible not to be incredibly moved and concerned by what happened to Errol Graham. Both Ministers and officials in the Department are absolutely determined that the learning that comes out of this case, which is reflected in the recommendation that has been made by the safeguarding adults board, must be acted upon. We must continue to consistently ensure that where issues that require improvement are highlighted, we take steps in reality, in terms of our processes, to make sure that that follows on.

It is significant that there are now checks that ensure people’s cases are not suspended or terminated when we have not heard back from them, and that we have senior customer service leaders who work on a cross-agency basis to ensure that people are properly supported. They were the right steps to take and they have been informed by cases like this. It is right that we continue to constantly monitor and understand our claimants’ circumstances and needs, and that we improve the journey through the benefits system more generally, wherever there is an opportunity to do that.

That is why I am passionate about the reforms that were announced through the White Paper, including matching expert assessors with particular conditions, monitoring fluctuating conditions more effectively and ensuring that people have the smoothest possible journey in their experience and interaction with the DWP. The hon. Lady has my commitment that we will continue to learn. We will undertake to make sure that all our processes are fit for purpose and kept under review, and to make changes when they are required.

That is the constructive spirit in which I am approaching our conversations with Rethink, for example, which has an insight into mental health conditions, so that we can understand what more we can do to ensure our processes are responsive to those with mental health conditions. I know Rethink participated in some engagement with my officials only yesterday.