Work Capability Assessment update
Posted Wednesday 31 August 2011
The Work Capability Assessment (WCA) is probably the single issue that Mind has received the most contact about over the last couple of years. In response to this, and other concerns about issues like DLA reform and the new Work Programme, welfare and benefits has become one of Mind's key campaigning priorities.
The WCA was introduced in October 2008 as the gateway to the new
Employment and Support Allowance, which replaced other incapacity benefits. Since its introduction we have heard from huge numbers of people who have had a bad experience of the process. We have been raising these concerns with both the previous Government, who introduced the scheme, and the new Coalition, who have embraced it as if it were their own.
However, these concerns seemed to largely fall on deaf ears, or were simply brushed aside as isolated anecdotes of poor practice. But when Professor Harrington took up the role of independently reviewing the system we felt we had found someone who took our views seriously and was willing to try and address them. We submitted a response to his review (PDF) based on the comments of Mind supporters and were pleased to see that many of our key concerns we addressed in his first report (PDF).
Professor Harrington clearly recognised that there was a serious problem with how mental health and learning disabilities were assessed by the WCA and so he also asked Mind, Mencap and the National Autistic Society to come up with some proposals for improving the 'descriptors' used to assess people.
Although we welcomed many of the recommendations that the first Independent Review put forward, and the opportunity to improve the descriptors, we were concerned that the Government planned to press ahead with the start of the 'migration' of claimants of other incapacity benefits onto the new system just a few months later. We felt that it would take a significant period of time to fully implement Harrington's recommendations and even longer to bring about the changes to the descriptors we wanted to see.
The Government did not heed our warnings and the migration began in early 2011. They also made changes to the descriptors recommended by a previous review, led by the Government, that we believed were a backwards step. Since then, we have been trying to monitor the implementation of Harrington's recommendations and the experiences of those being transferred to the new system, as well as continuing to raise the problems with the WCA in the media.
Meanwhile, we waited to hear how the Government would respond to our descriptor proposals, taking note of ominous murmurings including Chris Grayling's suggestion that we had 'turned his car into a boat' as an analogy for our proposals being too radical.
As a damp and interrupted parliamentary recess draws to a close, things are about to come to another head with the WCA: Professor Harrington has released a call-for-evidence for his second review (which we encourage you to respond to); a survey of welfare rights advisers through the Disability Benefits Consortium suggests that the recommendations from the first review are yet to have a real impact; and we are due to meet with the Government to discuss our descriptor proposals.
Although the positive feeling we had after Professor Harrington released his first report may have subsided, we still believe that his recommendations will have a positive impact in time.
However, there remain fundamental issues with the WCA to address and we are concerned that the Government still doesn't comprehend the extent of the problems with the current system. Too many people continue to experience distress, poor treatment and unfair verdicts as they are pushed through the WCA.
Tom Pollard, Mind Policy and Campaigns Officer
22 Comments
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I still do not understand why charities even bother talking to politicians. Marie Miller was on television this morning talking about DLA reassessments which clearly means disability benefit cuts, humiliation and the innuendo of fraud.
Doesn't seem like much support on welfare either from psychiatrists or mental health services. Frightened to rock the boat or perhaps they think workfare and benefit cuts can save money and protect their jobs.
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Government are happy to pay millions to ATOS, happy that millions are wasted on appeals/tribunals - this isn't about reassessment or helping people, it's about getting everyone under 66 years of age who's sick or disabled onto JSA and Workfare - AT ANY COST - to people.
Government subsidizes crap employers paying minimum wages with employees still needing tax credits/housing benefit, it makes a mockery of a living wage. Council housing building is virtually zero and private landlords rents are ever higher [and how many ministers rent out a second home?].
They don't care about the distress is causes, the readmissions or the suicides, literally nothing touches them, this is about a deeply ingrained hatred of sick/disabled/unemployed people. Until everyone stands up together [health/social care/council workers can't all be sacked if they ALL take a stand], then this will continue.
It's a paper exercise them even meeting with charities [they don't respect you] and reviews/consultations will never be heeded.
Nothing short of all out strikes and [non-violent] sustained action will make a dot of difference.
In your position Mind I would change tack completely, they are only ever going to throw crumbs and view anything you say as "radical" in which case why not tell them you intend to collect the readmission/suicide/crime/homelessness stats in relation to this instead? Be a national point for receiving this info, at least that would be hard evidence for possible judicial reviews in a few years time. Also why not fund lawyers to take this up at a higher level because how can these assessments and what is happening not be breaching human rights? -
I know this is a huge worry for many people but there is a loophole even for those who get back into work. I have worked for many years after a long illness and still have problems if I dare to take time off with my mental health condition. The problem is with archaic sickness management policies that hinder rather than help people stay in work! I have worked really hard to stay in work and still have problems; it would be easier to get assistance to stay in work if I came from Mars!
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I'd just like to second Mindreader's ideas; I think they're very good. The Government know that people have died because of this and their lack of action shows that they don't care. We have to recognise that and use it as our starting point.
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I find the Charities collaboration with Government quite disturbing over this matter, the only charitable groupswho openly speak up against this Welfare Reform don't get any financial support from government, stooges are a word I like to use.
The Harrington Review is a total waste of time, it's an insult to all disabled people who have to endure the interrogation process which the DWP/ATOS call an assessment?
The whole Welfare Reform process is about cutting costs, it has absolutely nothing to do with helping people back into the workplace.
The Charities who show any support for this government over welfare reform should hang their heads in shame, they should totally refuse to have anything to do with it.
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I agree with Register of Shame
While it is good that Charities talk to Harrington and the government about these issues. The problem is they are not listening Harrington On Radio 4 I will be checking Job centre plus staff to make sure they are being nicer to Applicants. WTF is that about. It is time for charities that claim to support people with disabilities to get out there an tell them how it really is and what their cuts are doing, to the most vulnerable in our society. I was a Psychiatric nurse during the Thatcher years and the disastrous move to so called community care and the closure of hospitals. Within months I was passing former patients of mine Living on the streets. It is going to happen again and this time it is personal as I am disabled an believe me I will not end up on the streets.. -
I know that Mind has tried to help with this issue but as far as Prof H goes he has clearly lost all impartiallity he is so emeshed with this gov he is unable to see that someone who works for Jobcentre isn't an appropriate judge of someone's health.
We need to join forces with all campaign groups & charities to launch an information blitz on the media & general public. let them know what is being done to Disabled, Sick & Elderly people to save money! -
I have to ask, after the government went directly against everything you said and did what they wanted to do anyway, what is the purpose of continuing this charade? Harrington's first report has been ignored and there is every reason to believe that any further report will be quietly filed away never to be seen again.
After innumerable untruths used by Parliamentary MPs, the DWP and the press to demonise the sick and disabled it is clear to almost everyone that the truth is not of interest to any of these groups.
The only purpose to this Harrington report is to provide the facade of a consultation exercise while the original plan is executed before the ink has even dried on the first draft and by continuing to go along with this fakery you are now helping them in putting a respectable, caring face on policy which is impoverishing hundreds of thousands if not millions.
At the first instance that it is clear that your consultation is only required so ministers can claim 'we consulted all the charities' in excuse for their acts, you should walk away and publicly condemn what is happening.
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I don't believe it's about cutting costs or welfare reform, I think it's just about robbery of the public purse. Calling it welfare reform is just the cover for it.
BB
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I can only fully back Mindreader's analysis - the ongoing government led attack on societies most vulnerable requires nothing short of a criminal investigation.
It is the whole WCA process that needs reassessing - not people with longterm and enduring mental and physical conditions.
How on earth can people being forced off incapacity benefit and responsible for paying household bills be expected to live on JSA rates, especially if Local Housing Allowance's do not cover rents?
People are literally being frightened to death and it has to stop.
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One of the groups was shut down for speaking out - and this is supposed to be a democracy?
When it comes to welfare and housing they can do anything they want to you now and there is little or no redress.
It all adds up to a government which fawns business, banks and high earners whilst detesting anyone who's on a low income, unemployed, sick, disabled and anyone in social housing - all of whom they would happily have in prefabs doing workfare. -
So mind who will you be talking on behalf of . Your TRUSTEES or us.
Mind you helped to start this you failed to support people ( guilt trip l ask) you where more interested in your government funding. An independent group should be representing us not mind you failed big time By the why what do you get out of this and please do not say we talk on behalf of people with M H as you do not -
I heard of a young girl with learning difficulties/mental health problems being asked to undress down to her underwear during her WCA. She was alone with a male doctor. She refused and as a result failed the assessment and was left traumatized.
It is therefore not enough to simply change the wording of the descriptors. As previously mentioned the review should look at what the whole experience of being treated like outcasts is doing to people already sick/disabled.
Many of the disabled could be assessed on medical/social/police evidence alone similar to the way claims for DLA are processed. This would result in huge savings both monetary and on the stress/trauma of having to attend the WCA. There should be a system in place for DWP to apply for evidence from any agencies involved with the claimant BEFORE the WCA. Having done the work of appointee for my son I know how hard this task can be and am aware that many sick/disabled people are not able to do this for themselves. This alone would ensure a fairer outcome and prevent thousands of cases having to go to appeal.
My son thought he'd committed a crime when attending his appeal in a local courtroom. -
Its obvious to everyone what this government is about and I dont need to repeat the excellent comments I have just read.
Anyhow - when all of this has passed say within ten years and scores of people have killed themselves and a generation of people have been lost, in history it will be recorded who did nothing to help the vulerable and everyone who lets us down will be held accountable.
I believe this is going to be a big shock to society. Everyone is scared - the people I work with feel guilt but are also becoming brain washed by this process - that its justified. It is simply everywhere you look. People know in their hearts that some people are going to be falling through the cracks, and rather sickenly this culture has got its priorities so wrong that people think that this is better for the "greater good"
I have never known of someone who claimed benefits when they could work "fraud" they call it. Im sure it happens but its not everywhere. The problem is the comparison with other countries - about our welfare state - but there are NO jobs in this country, terrible education, large areas of extreme poverty, family break down, drugs the rest of it that simply are not as bad as countries such as Spain and Germany.
In France there is a high crime rate - ghettos and thousands of people homeless, but they have "a low benefits bill." The tory government really need to evisage the future - these reforms if needed, FINE but why the extraordinary pace?
It is exceptable to reduce the benefits, but it can be done over ten - fifteen years and give people a chance to change their lives without being treated like criminals and the time to create better incapacity testsIf this is a mistake they will have the blood of disabled people on their hands - directly for they did, under the bullying and sweeping brivado that everyone on benefits is a work shy scrounger when it is unwarrented and untrue and this time, when its over and this all fails no one will forget it.
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If anyone finds themselves homeless, squat preferablly in a posh area. If they have nothing to eat then steal from a supermarket-when you have nothing, you have nothing to lose
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http://www.guardian.co.uk/society/2011/sep/06/no-turning-back-work-capability-assessment
Don't worry the WCA will be working well in five years. Some of Professors Harrington's comments in this article are in my view of an indvidual frightened to rock the boat.
ESA will be on the way out in five years replaced by universal credit They probably will not need any can do assessment then because all unemployed and sick will get the same means tested money. Everybody else will have insurance policies
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I reckon it is necessary for people like Mind to work with the govt. Fair enough, it won't change anything, but it's important to remain in dialogue - if not only to have evidence of everything the govt has ignored. Continuing to answer to consultations is still worth it. Even if the govt ignore everything you say (which they will) it provides a mount of evidence that the govt are ignoring people - and if charities predict something correctly, they can remind the press about it when it eventually happens.
Campaigning has a lot more to do with the press than the government. The govt will never and have never listened. So long as the public remains basically on their side, there is no incentive for them to do the right thing. That's why you have to raise awareness of the truth among the public and that means BIG media campaigns.
I agree with the person above who said charities should be fighting together. Why has a partnership not yet been made? Or has it and I don't know about it (because I read the paper and if you have done it you must let people know!) If charities protecting the disabled - whether they are mentally or physically ill - banded together and called on their supporters to take action, I'm pretty sure you could come up with a startling media campaign that would attract attention.
We need to come together as a block - numbers matter in this sort of thing.
How easy would it be for someone like me, who is passionate about this, to set up an independent campaign group that unites the sufferers by the way? Just to add an extra voice and raise the number of people calling for change? I want to do it but I'm really stressed and not coping at the moment and don't feel I can organise anything. Anybody think it is possible, though? I'm a journalist and really want to help in some way. Although maybe it isn't worth it or I'm being unrealistic? I'm not sure.
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I certainly share Paul's concern about those who can afford it being forced to take out insurance policies in the future due to the decimation of the welfare state, and particularly the welfare of people with long-term mental health conditions.
It does not take much research to uncover the part the disability insurance company Unum has played in welfare reform, indeed their chief medical officer has recently taken over that role for Atos Healthcare. Questions certainly should be asked concerning a 'conflict of interest'. Wasn't Atos Origin also looking at buying into the work programme not long ago?
Tom, although, some of Harrington's proposals may indeed help in the future - i am very concerned about Grayling's attitude to Mind's proposals for improvements to the descriptors. This is vital work alongside that being carried out Citizens Advice on 'a real world test', and were recommended by Harrington as part of his first review.
Like many of the commentators on the Guardian article, I am somewhat dismayed at some of Harrington's comments and was upset when he chose to include what i perceived to be simplistic 'work is good for you' propaganda in his first review.
On a positive note, I am pleased to see that the Hardist Hit campaign is continuing with a series of rallies on the 22nd October. I joined Mind's campaign team on the initial march in London and would encourage anyone who is able to take part in next month's events.
http://www.mind.org.uk/news/5592_uk_cities_set_for_disabled_people_protest-hardest_hit_day_of_action
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http://www.theyworkforyou.com/wms/?id=2011-09-07a.26WS.1&s=welfare+reform
It seems this government cannot wait to take peoples benefits off them. Grayling is bad news.
They are clearly hell bent on finishing off the welfare state. Vouchers, insurance and draconian means testing is the future.
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I still don't understand why you continue to focus on the tests and the descriptors. They are not the problem. he groups people get put in to are the real problem.
If you have a serious long term mental illness you have to go in to one of three groups.
JSA - very harsh time limits and sanctions and mandatory activity
ESA/WRAG - slightly less harsh sanctions, time limits, mandatory activity
Support Group - no coercion but not much help to work and fear of being moved up if you try and do voluntary work. Basically a safe place but not encouraging.
None of these groups are suitable.
People need a safe place where they can get help to work if they want it. No group provides that.
How can tests and descriptors allocate fairly between three unsuitable groups.
Get the groups changed to support and help people. Get the sanctions and time limits taken off the WRAG.
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Hello there,
Thanks for this update.
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My journey IBtoESA began on june11th and ended in september 9th. After all the fear and loathing that you experience, I turned up on time for the ATOS interrorgation to be told another letter was sent out cancelling and no need for assesment??
Allthough of course i was happy, i cant help thinking, that this was all part of the twisted process!!
So take heart to any of you, that has just recieved the white envelope and dont worry. Just remember to colate your medical evidence via your doctors, then you would have done as much as you can.
Goodluck
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