Category: Social Policy

The ‘cognitive bias’ of behavioural economics and neuropolitics

technocracy

Richard Thaler was awarded the Nobel Memorial Prize in Economic Sciences for his contributions to developing the field of behavioural economics last month. Thaler, and legal theorist, Cass Sunstein, who co-authored Nudge: Improving Decisions about Health, Wealth and Happiness (2008), have popularised the ideas of libertarian paternalism, which is basically founded on the idea that it is both possible and legitimate for governments, as well as public and private institutions, to affect and change the behaviours of citizens while also [controversially] “respecting freedom of choice.”

Regular readers will know that I don’t like behavioural economics and its insidious and stealthy creep into many areas of public policy and political rhetoric. The lack of critical debate about the application of libertarian paternalism (which is itself a political doctrine) via policies which are designed as systems of political “incentives” at the very least ought to have generated a sense of disquiet and unease from the public and academics alike. 

Using “psychological insights” in public policy – which amount to little more than cheap political techniques of persuasion – no matter how well-meaning the claimed intention is – amounts to a frank state manipulation of the perceptions and behaviours of the public, without their informed consent. 

Furthermore, the application of libertarian paternalist policies is prejudiced – it’s asymmetric because the embedded “nudges” are allegedly designed to target “help” at people who are deemed to behave irrationally; those who don’t make “optimal” decisions and so are not advancing their own or wider society’s interests, while the state interferes only minimally with people who are deemed to behave “rationally”. 

Of course, by some extraordinary coincidence, those who are regarded as behaving rationally are in the minority – they happen to be the very wealthiest citizens. You could easily be forgiven for thinking that behavioural economics is simply a reverberation from within a totalising New Right neoliberal echo chamber. Of course it follows that poverty is the result of the cognitive “deficits” of the poor.

The government would have you believe that poverty has nothing to do with their programme of austerity, their socioeconomic policies, which are generous and indulgent towards the very wealthy, at the expense of the poorest citizens, and the subsequent steeply rising socioeconomic inequality. It’s because of the faulty decision-making of those in poverty.

The political shift back to a behavioural approach to poverty also adds a dimension of cognitive prejudice which serves to reinforce established power relations and perpetuate another layer of prejudice and inequality. It is assumed that those with power and wealth have cognitive competence and know which specific behaviours and decisions are “best” for poor citizens, who are assumed to lack cognitive skills or “bandwidth” (basic cognitive resources). 

It seems to me that the behavioural economists have colluded with the Conservatives in an ideological re-write of the principles of Abraham Maslow’s hierarchy of human needs. They say, for example:

“Research shows that money worries can absorb cognitive bandwidth, leaving less cognitive resources to make optimal decisions.”

“Absorb cognitive bandwidth”? What a load of technocratic psychobabbling and politically expedient tosh.

The solution to the problem of people’s widespread “money worries” isn’t nudge – which is simply more ideology to prop up existing ideology. The answer is to increase the income of those struggling with financial difficulties after seven years of austerity, stagnant wages and a rising cost of living. No amount of nudging poor people will redistribute wealth or reverse the effects of bad political decision-making.   

Maslow said that hunger, homelessness, being unable to keep warm – problems arising when we don’t have resources to meet our basic physical needs – means that our cognitive priorities are reduced to that of just survival. It means that we can’t fulfil our other “higher level” needs until we address our survival prerequisites. So looking for work and meeting compliance and welfare conditionality commitments by jumping through the endless ordeals that the Department for Work and Pensions put in people’s path to “nudge”  them away from social security isn’t going to happen.

I shouldn’t have to say this in 2017, but I will: people have to meet their needs for food, fuel and shelter, or they will simply die. That’s a pretty all-consuming attention grabber. Or struggling to survive absorbs all of a person’s “cognitive bandwidth” if you prefer. It takes up all of your time and effort and becomes your only priority. It’s hardly rocket science, yet the government and their team of behavioural economists seem to be deliberately failing to grasp this fundamental, empirically verified fact. Rather than addressing the socioeconomic and political reasons for poverty, the emphasis is on intrusive state tinkering with the psychological effects of poverty. 

Maslow once said that “The good or healthy society would then be defined as one that permitted people’s highest purposes to emerge by ensuring the satisfying of all their basic needs.”

Instead in the UK, the government employs a Nudge Unit to define how and justify why the UK is a shamefully regressive place where many ordinary citizens are hungry, homeless and without the essential necessities to live. That’s because of neoliberal policies that create crass inequalities, by the way, and has nothing to do with people’s “cognitive bandwidth” or their “optimal” decision-making capacities. 

Behavioural economics makes the political problem of poverty one of poor people’s decision-making capacity, whereas Maslow saw the problem for what it is – a lack of financial resources to meet basic needs. The answer isn’t to mess about nudging or “incentivising” people, and labelling them as “cognitively incompetent”: it is simply to ensure everyone has enough to eat, has shelter and can keep warm. It’s pretty simple, really, no excuses and no amount of managementspeak and psychobabble may exempt a government from ensuring citizens’ basic survival needs are met. Especially in a very wealthy, developed democracy. 

From the government’s perspective, poor people cause poverty. Apparently the theories and “insights” of cognitive bias don’t apply to the theorists applying them to increasingly marginalised social groups. Nor do behavioural economists bother with the “cognitive bias” of the hoarding wealthy, or those whose decisions caused the global crash and Great Recession and the subsequent political decision-making that led to austerity, more aggressive neoliberalism, exploitatively low, stagnating wages and a punitive welfare state that disciplines and punishes citizens, rather than providing for their basic survival needs – which was its original purpose.

No-one is nudging the nudgers. 

Conservative policies are extending a behavioural, cognitive and decision-making hierarchy that simply reflects the existing and increasingly steep hierarchy of power and wealth and reinforces competitive individualism and the unequal terms and conditions of neoliberalism. Behavioural economics has simply added another facet to traditional Conservative class-based prejudice, and a prop for the Conservatives’ profound ideological dislike of the welfare state and other public services.

It’s not “science”, it’s ideology paraded as science 

In the UK, the Behavioural Insight Team is testing libertarian paternalist ideas for conducting public policy by running experiments in which many thousands of participants receive various “treatments” at random. There are ethical issues arising from the use of randomised control trials (RCTs) to test public policies on an unsuspecting population. While medical researchers generally observe strict ethical codes of practice, in place to protect subjects, the new behavioural economists are much less transparent in conducting research and testing public policy interventions.

Consent to a therapy or a research protocol must possess three features in order to be valid. It should be voluntarily expressed, it should be the expression of a competent subject, and the subject should be adequately informed.

It’s highly unlikely that people subjected to the extended use and broadened application of welfare sanctions gave their informed consent to participate in experiments designed to test the theory of “loss aversion,” for example. (See The Nudge Unit’s u-turn on benefit sanctions indicates the need for even more lucrative nudge interventions, say nudge theorists.) Furthermore, the experiments are shaped by certain underpinning assumptions. They are not value-free, as claimed.

There is of course nothing in place to prevent a government from deliberately exploiting a theoretical perspective and research framework as a way to test out highly unethical and ideologically driven policies. How appropriate is it to apply a biomedical model of prescribed policy “treatments” to people experiencing politically and structurally generated social problems, such as unemployment, inequality and poverty, for example?

Conversely, how appropriate is it to frame illness and disability purely in terms of  individuals’ “faulty” perceptions and behaviours? The de-medicalisation of illness and disability is also a part of the Conservatives’ behaviourist turn, which is part of a justification narrative for the dismantling of support services and social security for ill and disabled people who are unable to work. (I’ve written at length about this here – Rogue company Unum’s profiteering hand in the government’s work, health and disability green paper.)

I guess if the government’s purposeful behavioural modification ordeals fail and you die, then at least the state will know that you were “genuinely” in need of support, after all. This logic operates rather like a medieval inquisitional technique, embedded at the core of the Kafkaesque Work Capability Assessment. The government inform us that this is necessary to aim at sifting out those “most in need” so that the government may “target” support provision to “ensure” that this ever-changing, politically redefined and shrinking group of “those most in need” are somehow distinguished from among the much larger group of those who are, in fact, most in need of support.

The government cannot see the woods because they are so busy indiscriminately pruning and felling the trees. 

Most people lacking a strong masochistic tendency would not try to claim disability support unless they desperately needed to. The very tiny minority of fraudulent claimants (less than 0.7%, and some of that tiny percentage includes bureaucratic errors) are unlikely to be deterred by the introduction of ordeals to the social security system, yet this vicious tactic was suggested by the Institute for Fiscal Studies (IFS) among others, to “deter fraud.”

However, byzantine “eligibility tests”, an authoritarian monitoring regime to coerce conformity and compliance of social security recipients, and a “robust” shaming and prosecution policy deter “genuine” applicants. Such processes are extremely intrusive, punitive and ultimately serve to reinforce public and political prejudices.  

Only those who are truly needy and disadvantaged would tolerate this level of state inflicted, coercive, aggressive and crude behaviourism for the provision of completely inadequate levels of support, through public shaming and through frequent, intrusive administrative forays into their personal lives. 

Governments in neoliberal countries portray welfare support as “profligacy” – an “unsustainable” big state over-indulgence – and couple that with a narrative founded on an inextricable dichotomy – that of the “deserving” and “undeserving” poor. Of course this is intentionally socially divisive: it purposefully marginalises and stigmatises those needing support, while creating resentment among those who don’t.   

The behaviourist perspective of structured ordeals as a deterrent is the same thinking that lies behind welfare sanctions, which are state punishments entailing the cruel removal of lifeline income for “non-compliance” in narrowly and rigidly defined “job seeking behaviours.” Sanctions are also described as a “behavioural incentive” to “help” and “encourage” people into work – the very language being used to describe the punitive actions of the state is also a nudge.

Behavioural linguistic techniques are being used to extend the view that state inflicted punishment is somehow in your best interests. It also serves to deny people’s accounts and experiences of punitive and unfair state interventions resulting in often harrowing adverse outcomes.

People who are ill, it is proposed, should be sanctioned, too, which would entail having their lifeline basic health care removed. Apparently, this stripping away of public services is also for our own good. 

The welfare state originally arose to ensure citizens can meet their basic survival needs. Now it is assumed that those who need social security are psychologically abnormal or inept, and have fundamental character flaws (“undeserving”). Social security is no longer about ensuring minimal standards of living, the government is now preoccupied with disciplining the “feckless” poor, apparently aiming to punish them out of poverty.   

On the face of it, welfare policy has been perceived over recent years as facing the challenge of balancing the three goals of keeping costs low, providing sufficient standards of living, and ensuring “work incentives.” This has sometimes been referred to as the “iron triangle” of welfare reform. The term reflects the difficult implicit trade-off between these three conflicting aims. It’s perceived that improvement of one dimension is usually gained only at the expense of weakening another. 

Neoliberal governments have tended to use aims one and three to justify the prioritisation of the second aim, which entails the lowering of costs “on the taxpayer” by lowering the standard of living for welfare recipients, in order to “incentivise” them to find work. The shift to behavioural explanations of poverty – that people need incentives to find a job in the first place – doesn’t, however, stand up to much scrutiny once we see that a large proportion of welfare spending actually goes towards supplementing low wages for those in work. The largest proportion of welfare spending is on pensions. The proportion of the welfare budget taken up by people who are unemployed is very small.

Image result for welfare spending uk pie chart

In the UK, the government have also introduced behaviourist in-work sanctions for people who “fail to progress” in work. Yet most wages are decided by employers, not employees. It’s not as if we have a government that values collective bargaining and the input of trade unions, after all. That’s a policy, therefore, that simply sets people up for sanctioning. It’s irrational and needlessly cruel.

It’s worth keeping in mind that social security constitutes a country’s lowest income security net. The levels of welfare benefits were originally calculated to meet only essential needs, providing sufficient income to cover the costs of just food, fuel and shelter, and are therefore directly related to the very minimum standards of living. 

Criticism of the “scientific” methodology of behavioural economics: promoting neoliberal outcomes and neurototalitarianism

“Epistemic governance” refers to the cognitive and knowledge-related paradigms that underlie a society. Behavioural economists have presented randomised control trials (RCTs) as providing “naively neutral” evidence of what policy interventions work, but this is misleading. RCTs are advocated as an effective way of determining whether or not a particular intervention has been successful at achieving a specific outcome in a narrow context.

One concern about the use of RCTs in public policy-making is that this method is being promoted as the “gold standard” in a hierarchy of evidence that marginalises qualitative research. Quantitative methodology significantly reduces the scope for citizen feedback and detailed accounts of their experiences. The issues of interpretation and meaning are lost in the desire to “tame complexity with numbers”. Such a non-prefigurative (insofar as it is founded on hierarchical values and doesn’t tend to reflect cultural diversity), non-dialogic approach is profoundly incompatible with democratic principles. 

As libertarian paternalism is specifically designed to lead to predetermined outcomes in terms of the behaviours it aims to produce – and it’s also constructed a rather miserable and prejudiced narrative of some humans’ cognitive capabilities (only poor people, reflecting traditional Conservative prejudices) – a major concern is that the predetermined structuring of choice, together with “re-normalisation” strategies, exclude the potential for public engagement and participation in debates concerning what choices and collective normative changes are actually beneficial, fair, desirable, appropriate, safe, right and wrong.

And of course, that raises a serious question about what constitutes “evidence”? 

It’s not so long ago that the Department for Work and Pensions (DWP) manufactured evidence, using fake testimonies, claiming that people actually felt they had benefitted from welfare sanctions. Yet when pressed regarding the authenticity of the testimonies, the DWP then claimed: 

“The photos used are stock photos and along with the names do not belong to real claimants. The stories are for illustrative purposes only. We want to help people understand when sanctions can be applied and how they can avoid them by taking certain actions. Using practical examples can help us achieve this.” 

Those “testimonies” were neither practical nor genuine “examples”.

Academic research, statements from charities and support organisations, the evidence from the National Audit Office, and many individual case studies detailing severe hardship and harm to citizens because of welfare sanctions, have been presented to the government, all of which indicate that the use of financial penalties and harsh conditionality in administering social security does not help people into work. This evidence has been consistently discounted by the government, with claims that the statements are “politically biased” or that “no causal link between policy and adverse effects has been established”. The government have frequently dismissed citizens’ accounts of their harrowing experiences of sanctions as “anecdotal evidence”.

In this respect, libertarian paternalism may be seen as a form of neurototalitarianism. It’s a form of governance that imposes needs and requirements on citizens without any democratic engagement, without acknowledgement or recognition of citizen’s agency, identity, and their own self-defined needs. 

Although advocates of RCTs have argued that this methodology excludes the unverified claims of “experts” in policy making, it ought to be noted that behavioural economists are nonetheless self-made “experts”, with their own technocratic language and mindset, and their “knowledge” of what human behaviours, cognitive strategies and perceptions are “optimal” and serve the “best interests” of the majority of citizens.

Behavioural economics isn’t “science”: it’s founded on a premise of economic moralism. Nudge is all about “encouraging” citizens to behave in social ways relying on market “incentives”, as opposed to regulations. It’s the invisible hand of the state, where increasing privatisation, deregulation, austerity and the shrinking state corresponds with increasing psychoregulation of citizens.

Yet if anything, behavioural economics has highlighted that the neoliberal state is fundamentally flawed – that there are major limitations of the magical thinking behind the “markets-know-best” politics. 

In their critique of the economic rational-behaviour model, libertarian paternalists nonetheless advocate a perspective of rules, adjustments and remedies that ultimately serve to simply modify behaviours to fit the rational-behaviour model – which describes society in terms of self-interested individuals’ actions as explained through rationality, in which choices are consistent because they are made according to personal preference – to deliver the same neoliberal outcomes, by nudging public decision-making from that based on cognitive bias towards those decisions which are deemed cognitively rational. And what passes as “cognitively rational” is defined in terms of economic outcomes, by the neoliberal state.

This of course overlooks the limits on choice that neoliberal policies themselves impose, within in a system constrained by competitive individualism and “market forces”. It also assumes that the choice architects know what our best interests actually are. 

The state is seen as acting to “re-rationalise” citizens: recalibrating perceptions, cognition and behaviours but without engaging with citizens’ rational processes. One criticism of behavioural economics is that it bypasses rational processes altogether, acting below our level of awareness, and as such, it doesn’t offer opportunities for learning and reflection. It’s more about a stimulus-response type of approach. 

In a paper called Personal Responsibility and Changing Behaviour: the state of knowledge and its implications for public policy (Halpern et al., 2004) a group of libertarian paternalists, touting for business, outline a moral argument in which state policies increasingly should “cajole” people in the direction of personal responsibility and choice, since it is said that such an approach “strengthens individual character” and “moral capacity”, following a parental rationale of a distinctly Conservative disciplinary notion of “tough love” (p. 7).

A patchwork of theories on the ecology of behaviour change are discussed in the report: Ivan Pavlov and Burrhus Frederic Skinner’s outdated accounts of an authoritarian brand of behaviourism and conditioning, adaptation and rewards; Robert Cialdini’s business treatise on marketing, influence, compliance, and automatic behaviour patterns; the work of behavioural economists such as Amos Tversky and Daniel Kahneman (1974) on heuristics; and community theories of behaviour, including concepts such as capability, social networks, social capital and social marketing (from Bourdieu, Coleman, Putnam – all cited in Halpern et al., 2004).

The role of the state here is seen not as a service provider to fulfil citizens’ needs, but as an “enabler”, and a public relations service for neoliberalism. The state has become an ultimate re-calibrator of citizens’ perceptions, attitudes, expectations, values and behaviours within the narrow confines of a neoliberal context.

Furthermore, Halpern says of nudge: “it enables public goods to be provided with a lower tax burden.” Describing tax as a “burden” is a form of default setting. Tax may also be seen as an essential public finance mechanism which is essential to economic and social development, providing sufficient revenue to support the productive and redistributive functions of the state. There is also an assumption that cheaper public goods are desirable, and will maintain their functional capacity and social benefits. 

David Cameron’s “Big Society”, the Conservatives’ shift from a rights-based society, to one that entails “citizen responsibilities”, and of course their “low tax low, welfare” perspective are all designs from the libertarian paternalist’s template. Although nudge has been sold in the UK as a way of reducing state intervention, such policies have in reality become more about justifying the increasing intrusion of the state in our everyday life. 

As I’ve hinted, nudge is about much more than changing behaviours based on cognitive bias to promote state defined citizens’ interests. It is also used to “reset” the public’s normative expectations, and for the promotion and inculcation of a fresh set of normative values of personal responsibility, self-help and self-discipline, claimed to be required in order to fulfil policy goals and justify interventions. Nudge is therefore reshaping public expectations regarding a “new relationship” between citizen and the state, where the burden of obligation is being increasingly and disproportionately placed on the poorest citizens.

Appeals to evidence-based policymaking are particularly misleading when they take out the context for interpreting specific forms of evidence. Libertarian paternalism is an imprecise theoretical approach to governance, and has resisted attempts to definitively codify its principles. 

It seems to be a blend of social marketing techniques, psycholinguistics, psychographics, habituation and (re-)normalisation strategies. Libertarian paternalism draws heavily on psychology, capitalising on our dispositions, manipulating choices, perceptions  and behaviours, by using a neuropolitical approach to fulfil neoliberal outcomes. Some of us have also dubbed this approach “neuroliberalism.”

Appeals to evidence in policymaking and debate are also frequently met with further questions on what sort of evidence counts, what it means – how the evidence is to be interpreted, what evidence is credible and importantly, how the policy question is defined and framed in the first place. As I’ve discussed, claims of “evidence” rest on tacit assumptions made in a specific context, so their transferability to another context is controversial. 

Nudge fails to accommodate a range of diverse knowledge sources, public accounts and it does nothing to address the underlying assumptions embedded in behavioural economics, or those of policy-makers using it as a tool to fulfil their own aims and objectives, nor does it acknowledge its own limitations. It fails to acknowledge and reflect different epistemic (relating to knowledge and/or to the degree of its validation) and ethical concerns. Nudge doesn’t accommodate democratic dialogue with, and alternative accounts from, other experts, and most importantly, from citizens. 

This means that any arising new evidence that may challenge the validity and reliability of behavioural economics theory is generally discounted, regardless of the nature and quality of that evidence. And a further problem is that new evidence also requires its own expert interpretation and assessment.

This is a key problem of epistemic governance. The production of evidence for policymaking should also be governed. Evidence is marshalled, interpreted and made to fit policy frameworks by experts. Those advocating the use of RCTs are experts,  specialising in a highly codified form of knowledge, which is not easily accessible to the general public. The claim is that behavioural economics and the findings of RCTs are relevant to policy. This raises some fundamental questions, then, about who counts as an expert, what counts as expertise and similarly, we definitely need to keep asking: what does and does not count as evidence? 

My point is that epistemic governance – the production of knowledge for governance – also needs be governed. It’s a point that others who research policy have also raised.

In order for research data to be of value and of use, it must be both reliable and valid. Reliability refers to the replicability and repeatability of findings. If the study were to be done a second time, would it yield the same results? If so, the data are reliable. If more than one person is observing behaviour or some event, all observers should agree on what is being recorded in order to claim that the data are reliable. Validity refers to the credibility of the research. Are the findings genuine? If a test is reliable, that does not mean that it is valid.

In order to determine cause and effect relationships, three basic conditions must be met:

  1. co-occurrence
  2. correct sequence or timing
  3. ruling out other explanations or “third factors/variables.”

The production of evidence, via testable hypotheses, to verify “knowledge” is insufficient if it is abstracted from the political context of policymaking in which problems are framed and knowledge is interpreted and given meanings.

I may have laboured the point, but it is a very important one. What counts as “evidence” is defined by the frame of reference, which also shapes which hypotheses are formulated and tested. I have already discussed how other forms of empirical evidence are discounted. The government have all too frequently used the quip “There is no evidence of causality between policy and stated events”.

Yet the Conservatives have refused to monitor the impact of their “reforms”, and have intentionally overlooked the important point that correlation often implies causation. Without conducting further investigation and examining the evidence, the government has no grounds whatsoever to dismiss the possibility of a causal relationship. It seems the government only value the principles of positivism when it comes to confronting other people’s knowledge and evidence that conflicts with their own.

Confirmation bias

To come at these problems from a slightly different angle, it’s worth considering the role of confirmation bias in knowledge production, which is the tendency to search for, select, favor, interpret new evidence as confirmation of one’s existing beliefs, expectations, prejudices, theories and hypotheses because we want them to be true. It is a type of cognitive bias and a systematic error of inductive reasoning

Confirmation biases contribute to overconfidence (a person’s subjective confidence in his or her judgements is reliably greater than the objective accuracy of those judgements.) Iain Duncan Smith provided many memorable examples of cognitive bias. In July 2013, Duncan Smith was found by Andrew Dilnot, then Head of the UK Statistics Authority, to have broken their Code of Practice for Official Statistics for his and the DWP’s use of figures in support of, and to justify government policies.

Dilnot also stated that, following an earlier complaint about the handling of statistics by Duncan Smith’s Department, he had previously been told: “that senior DWP officials had reiterated to their staff the seriousness of their obligations under the Code of Practice and that departmental procedures would be reviewed”. 

Duncan Smith’s defence was that: “You cannot absolutely prove those two things are connected – you cannot disprove what I said. I believe this to be right.” Pseudoscience has thrived using similar arguments: propositions are presented as fact and assumed to be true unless you can actually prove otherwise. Unicorns, telekinesis, gnomes and angels exist because I can’t prove they don’t. 

This led Jonathan Portes, director of the National Institute of Economic and Social Research and former chief economist at the Cabinet Office, to accuse the Conservative Party of going beyond spin and the normal political practice of cherry picking of figures, to the act of actually “making things up” with respect to the impact of government policy on employment and other matters. 

“I believe I’m right” is an example of someone more certain that they are correct than they deserve to be, and this authoritarian approach can maintain or even strengthen beliefs in the face of overwhelming evidence to the contrary. It demonstrates a government that is simply digging in the trenches of ideology.

Flawed decision-making due to such biases have commonly arisen in political and organisational contexts. Yet it is public, not political behaviours, that have come to be regarded as “adaptive” to fit highly partisan political frames of reference. Apparently it’s only citizens who make mistakes in their decision-making, and whose behaviours need to be rectified.

We are being told that a lot of what we think is wrong. This is the foundation on which the shift in political emphasis from macro-level interventions to micro-level psychointerventions rests. Yet without exploring alternative and comparative forms of knowledge, this is simply conjecture in justification of the mass provision of state perceptions, behaviours and endorsed lifestyles, not verified fact. 

Nudging neoliberalism

Behavioural economics has roots in the work of Herbert Simon –  another winner of the Nobel Memorial Prize in Economic Sciences in 1978 – on bounded rationalityand grew enormously under the attention of Daniel Kahneman – another Nobel Prize in Economic Sciences winner – and Amos Tversky (1979), who argued that there are two broad features of human judgment and decision-making: various errors in coding mechanisms known as heuristics and biases, that lead to violations of the “laws” of logic and consistency. All of which differs from the neoclassical rational choice economic model, which portrays self-interested actors making rational choices in the market place. 

The prize in Economics is not one of the original Nobel Prizes, it wasn’t bequeathed by and instituted through Alfred Nobel‘s will. It was controversially established in 1968 through a donation from the Swedish Central Bank, on the bank’s 300th anniversary. In the late 1960s, Sweden’s central bank was actively campaigning for the country to pursue a more “market-friendly” approach, and the prize, which was established in 1968 to commemorate the bank’s 300th anniversary, became a tool with which to support this campaign. Of course, the prize gives economists a stamp of approval for the general public and politicians alike, legitimising their entire philosophy. 

Of the 74 laureates so far, 28 are affiliated with the University of Chicago, home of neoliberalism. Among those 28 winners are the early champions of neoliberalism, such as Milton Friedman and Friedrick Hayek. In fact the award has continually reinforced an ideology of the primacy of the “free market.” Hayek and Friedman lent great prestige to the cause of neoliberalism, which has contributed greatly to the creation of a rightward shift in the intellectual and political climate in western democracies.

Conservatives since Margaret Thatcher and Ronald Reagan have been powerfully influenced by neoliberal economists. Thatcher’s first encounter with Hayek, for example, came when he published The Road to Serfdom in 1944. She read it as an undergraduate at Oxford, where it became a formative part of her authoritarian, distinctive and enduring outlook. She was radicalised at the age of 18.  

One area of influence on Thatcher’s New Right policy in particular was Hayek’s low regard of trade union power and collective wage bargaining, he saw it as the primary reason for the UK’s economic difficulties (inflation) during the 70s, stating:

“There can indeed be little doubt to a detached observer that the privileges then granted to the trade unions have become the chief source of Britain’s economic decline.” 

The incoming Labour government in 1974 were also blamed for failing to curb the unions during the inflation crisis. However, major contributing factors to the growth of inflation were rapidly rising oil prices, which increased by 70%, tripling in the early 1970s, and the “Barber Boom and Bust”. In the 1972 budget, the Conservative chancellor, Anthony Barber, oversaw a major deregulation and liberalisation of the banking system, replaced purchase tax and Selective Employment Tax with Value Added Tax, and also relaxed exchange controls.

During his term, the economy suffered due to stagflation and industrial unrest, including a miners strike which led to the Three-Day Week. In 1972 he delivered a budget which was designed to return the Conservatives to power in an election expected in 1974 or 1975. This budget led to a period known as “The Barber Boom”.

The measures in the budget, which included a growth in credit (due to bank deregulation and liberalisation) and consumer spending, which helped create a consumer bubble, led to high inflation, rising living costs and subsequent wage demands from public sector workers. The Conservatives, however, were not returned to office, and Labour were left to deal with rising inflation subsequently, until Thatcher’s government took office.

Hayek pressed Thatcher to quickly cut public expenditure, urging her to balance the budget in one year rather than five – and (unbelievably) to follow more closely the example of Pinochet’s Chile. 

Under successive Conservative governments, and to some extend, under Blair’s New Labour, our society has been increasingly organised on overarching and totalising neoliberal principles. Socioeconomic conditions in the UK have fostered a hierarchical, unequal, competitive and above all, adversarial society, for many. 

Wealth is a private matter, whereas “national debt” has become public responsibility. The poorest citizens carry the largest burden of the debt, under the guise of austerity, which, the government claim, is an economic “necessity.” We are told there is no alternative. Any challenge to this ideological preference is met with contempt, and derisive comments that any policy entailing a shift from free market thinking and competitive individualism towards a more equitable, collectivist socioeconomic organisation is economically “incompetent”, “dangerous” and would require a “magic money tree” to “fund” it. Neoliberalism is held up as the ONLY choice we have regarding our socioeconomic organisation. Behavioural economics simply endorses and extends this hegemonic view.

Austerity is actually central to neoliberal economic strategy, and is one consequence of  right-wing libertarian “small state” dogma. Paradoxically, the role of the Conservative state has expanded rather than shrank, and is now all about enforcing public compliance and conformity within a socioeconomic system that is failing them, and the maintenance of strategies of fear, diversion, disempowerment, social divisions, a politically manufactured “scarcity”, a lowering of public expectations and the formulation of “deterrents.” And the institutionalisation of techniques of persuasion, public relations strategies and propaganda, to prop up and maintain the status quo.

The Conservative’s answer to the social injuries inflicted by their overarching, aggressive neoliberalism is to apply the sticking plaster of more increasingly aggressive neoliberalism.

The behaviourist turn reflects a subtle form of psychoauthoritarianism, which is all about enforcing neoliberalism.

Some people were critical of the fact that Hayek shared the 1974 Nobel Memorial Prize in Economic Sciences with Gunnar Myrdal for his “pioneering work in the theory of money and economic fluctuations and … penetrating analysis of the interdependence of economic, social and institutional phenomena.” Milton Friedman was awarded the 1976 prize in part for his work on monetarism. Awarding the prize to Friedman caused international protests. Friedman was accused of supporting the military dictatorship in Chile because of the relationship of economists of the University of Chicago to Pinochet.

Nudge is a technocratic and authoritarian solution to the terminal condition of neoliberalism. Nudge is being used to prop up a failing brand of particularly virulent Conservative end-stage capitalism. It’s basically the PR, packaging, marketing and advertising industry for, and enforcement of, neoliberalism. Because neoliberalism can’t sell itself to the public.

Ask General Augusto Pinochet. He used the “caravan of death” method of selling the “economic miracle” – neoliberalism – to the populace of Chile. He felt that in order to market the market economy, he simply had to kill all of his political opponents. The Rettig Commission puts the count of murdered individuals at approximately 3,000 during the 17-year Pinochet’s military junta

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Behavioural economics provides the government with more subtle form of authoritarianism that is about psychological coercion. But citizens are nonetheless dying as a consequence of government policies.

Technocracy

Although traditionally, decisions made by technocrats are based on information derived from methodology rather than opinion, in the UK, behavioural economists, or at least those using behavioural economics in policy, tend to make decisions derived from ideology. 

Technocracy became a popular movement in the United States during the Great Depression when it was held that technical professionals, like engineers and scientists, would have a better understanding than politicians regarding the economy’s inherent complexity. Technocracy often arises during economically turbulent periods. In the states, we saw the rise of cybernetic and system models of society, from the likes of Talcott Parsons.

We also saw the development of political behaviouralism, a political pseudoscience that did not represent or reflect “genuine” political research. Instead, empirical consideration took precedence over normative and moral examination of politics. (See the is/ought distinction and naturalistic fallacy for further discussion on the key problems with this approach.)

Behaviouralism emphasised “an objective, quantified approach” to explain and predict political behaviours. It is associated with the rise of the behavioural sciences, modelled after the natural sciences. Behaviouralists also claimed they can explain political behaviour from an “unbiased, neutral” point of view.

Of course, behaviouralism is often most often attributed to the work of University of Chicago professor Charles Merriam who wrote in the 1920s and 1930s following the Great Depression.

The more things change, it seems the more they stay the same.

Behaviouralism was also founded on an insistence on distinguishing between facts and values. Quantitative evidence versus the abstract and the “anecdotal”. Sound familiar?

However, there’s also a difference between facts and meanings, human behaviours are meaningful and purposeful, human agency arises in contexts of intersubjectively shared meanings, from which there is no cultural or mind-independent, objective vantage point from which we may observe with value neutrality. And surely, abstract values such as “freedom”, “democracy” and “equality” are necessarily central to political discourse. Democratic politics must necessarily draw on the qualitative and the normative dimensions of social realities. 

Behaviouralism was an inevitable consequence of positivism. Auguste Comte (1798-1857,) who was regarded by many as the founding father of social sciences, particularly sociology, and who coined the term positivism,” was a Conservative. He believed social change should happen only as part of an organic, gradual evolutionary process, and he placed value on traditional social order, conventions and structures. Although the notion of positivism was originally claimed to be about the sovereignty of positive (verified) value-free, scientific facts, its key objective was politically Conservative. Positivism in Comte’s view was “the only guarantee against the communist invasion.” (Therborn, 1976: 224).

The thing about the fact-value distinction is that those who insist on it being rigidly upheld the most generally tend to use it the most to disguise their own whopping great ideological commitments. In psychology, we call this common defence mechanism splitting. It’s a very traditionally Conservative way of rigidly demarcating the world, imposing hierarchies of ranking, priority and order, to assure their own ontological security and maintain the status quo, regardless of how absurd this shrinking island of certainty appears to the many who are exiled from it.

Perhaps unsurprisingly, Comte’s starting point is the same as Hayeks, (another Nobel prize economist), namely the existence of a spontaneous order. It’s a Conservative ideological premise, and this is one reason why the current neoliberal  government embrace the notion of positivism without any acknowledgement of its controversies.  

Behaviouralism was a political, not a scientific concept. Moreover, since behaviouralism is not a research tradition, but a political movement, definitions of behaviouralism follow what behaviouralists wanted. Behaviouralists believe “truth or falsity of values (such as democracy, equality, and freedom, etc.) cannot be established scientifically and are beyond the scope of legitimate inquiry. They are therefore dismissed from legitimate consideration.

Christian Bay believed behaviouralism was a pseudopolitical science and that it did not represent “genuine” political research. Bay objected to empirical consideration taking precedence over normative and moral examination of politics.

In sociology, interpretivist researchers assert that the social world is fundamentally unlike the natural world insofar as the social world is meaningful in a way that the natural world is not. As such, social phenomena cannot be studied in the same way as natural phenomena. Interpretivism is concerned with generating explanations and extending understanding rather than simply describing, ranking and measuring social phenomena, and establishing basic cause and effect relationships. 

Behaviouralism initially represented a movement away from “naive empiricism“, but as an approach, it has been criticised for its naive scientism. Additionally, some critics believe that the separation of fact from value makes the empirical study of politics impossible.

Positivist politics was discarded half a century ago, as a reactionary and totalitarian doctrine. It is true to say that, in many respects, Comte was resolutely anti-modern, and he also represents a general retreat from Enlightenment humanism. His somewhat authoritarian positivist ideology, rather than celebrating the rationality of the individual and wanting to protect people from state interference, instead fetishised the scientific method, proposing that a new ruling class of authoritarian technocrats should decide how society ought to be run, and how people should behave. 

Which brings us back to the present. This is a view that the current government, with their endorsement and widespread experimental application of nudge theory, would certainly subscribe to.

History has witnessed the “scientific” theories of Darwin politically caricatured and applied to policy-making and society. We also witnessed the terrible conclusion of social Darwinism, as it inspired and underpinned the eugenics movement, which clearly played a critical role in the terrible genocide programmes, instigated and implemented by the technocratic government in Nazi Germany.

Leading Nazis, and early 1900 influential German biologists, revealed in their writings that Darwin’s theory and publications had a major influence upon Nazi race policies. The ideal that “all people are created equal”, which came to dominate Western ideology through human rights legislative frameworks, arising following the Second World War in response to the atrocities, has not been universal or constant among nations and cultures. Now, here in the UK, it has once again been replaced by neoliberal ideals of market place individualism and competition for “scarce” resources. 

The first formulation of the term “Nudge” and associated principles was developed in cybernetics by James Wilk around 1995 and described by Brunel University academic D. J. Stewart as “the art of the nudge” (sometimes referred to as micronudges.)

Nudge is founded on a variety of cognitive theories, and its methodology has been largely experimental. (See The new Work and Health Programme: government plan social experiments to “nudge” sick and disabled people into work, for example.)

However, important questions have been raised about this approach as it has been advanced in both theory and practice. The recent adoption of wholesale experimentation by governments on a naive public, for example by the UK’s Behavioural Insights Team, the government of New South Wales, and others (Haynes et al, 2012) has attracted attention. In particular, the ethical implications of conducting experiments and the practical issues of their implementation raise important challenges around the maintenance of internal and external validity and the often competing demands of scientists and political decision-makers.

Behavioural economics has been used as a political legitimation of punitive welfare policies, entailing the removal of support for food, fuel and shelter, in the form of welfare sanctions. The government have refused to listen to evidence that challenges the basis of their justification. Nudge is being used as an authoritarian tool to ensure public conformity with inhumane policies and a neoliberal agenda. 

It also extends a supremacist view, in that the public are regarded as “cognitively incompetent”, the theories rest on the assumption that most people don’t know how to act in their own best interests, whatever those interests may be. Yet those formulating the nudges are somehow adept at making decisions and at deciding what is in our “best interests”. 

The coming of the policy lab and the legitimisation of political experimentation

Psychopolicy platforms are not simply the owners of information but are fast becoming owners of the infrastructures of society, too. Nudge has become a prop for neoliberal hegemony and New Right Conservative ideology. It’s become a technocratic fix – pseudo-psychology that doubles up as “common sense”, aimed at maintaining the socioeconomic order. It’s become a naturalised approach to public policy. 

How can behavioural economists claim objectivity when they are active participants within the (intersubjectively constructed) cultural, political, economic and social environment, sharing the same context that allegedly shapes everyone else’s perceptions, conceptions, cognitive capacities and behaviours? 

How exactly does behavioural economics itself miraculously transcend the reductionist and deterministic confines of bounded rationality, cognitive bias, and escape the stimulus-response chain? If all behaviours are determined, then so are political, psychological and economic theories and policies. And so is the pursuit of “objective” evidence.

As well as shaping behaviour, the psychopolitical messages being disseminated are all-pervasive, entirely ideological and not verifiably or reliably rational: they reflect and are shaping, for example, an anti-welfarism that sits with Conservative agendas for welfare “reform”, austerity, the “efficient” small state and also, are being used to legitimise these policy directions. Behavioural economics theory is even being used to “re-educate” our children as to how and who they should be.

Public and “social innovation” labs are enjoying enormous and lucrative political popularity. Nesta’s Innovation Lab has become a key player in the global circulation of policy lab ideas, and a connective node in a variety of lab networks. The Cabinet Office has established Policy Lab UK, a lab at the centre of government. GovLab in New York, MindLab in Denmark, and many others are now part of a global movement of organisations seeking to apply “radically new methods” to the practices of government

Social-emotional learning (SEL) encompasses concepts such as character, education, growth, mindset, “resilience”, “grit”, perseverance, so-called non-cognitive or non-academic and other mass marketed traditional and ghastly public school values, “personal qualities” and “competences.”  

In the last couple of years, social-emotional learning has emerged as a key policy priority from the work of international policy influencers such as the OECD and World Economic Forum; psychological entrepreneurs such as Angela Duckworth’s Character Lab” and Carol Dweck’s “growth mindset” work; venture capital-backed philanthropic advocates (e.g. Edutopia); powerful lobbying coalitions (CASEL) and institutions (Aspen Institute) and government agencies and partners, especially in the US (for example, the US Department of Education “grit” report of 2013) and in the UK: in 2014 an all-party parliamentary committee produced a sanctimoniousCharacter and Resilience Manifesto” in partnership with the Centre Forum think tank, with the Department for Education following up with funding for schools to outsource the development of character education programmes.

Apparently social mobility depends on the characters of people in a society, and has nothing to do with access to opportunities and socioeconomic inequalities. The Manifesto says: “Character and Resilience are major factors in social mobility but are often overlooked in favour of things which are more tangible and easier to measure.” Or more obvious and strongly correlated.

Social-emotional learning theory is the product of a fast policy network of “psy” entrepreneurs, global policy advice, media advocacy, philanthropy, think tanks, technology research and development and venture capital investment.

Together, this alliance have produced shared narratives and vocabularies, aspirations, and offers techniques of quantification of the “behavioural indicators” of classroom behaviours that correlate to psychologically defined categories of character, mindset, grit, and other personal qualities defined by social-emotional learning theory.

As Agnieszka Bates has argued in The management of ‘emotional labour’ in the corporate re-imagining of primary education in England, that psychological advocates of SEL have conceptualized character as determined, but malleable, as well as measurable. SEL defines and manages the character skills that are most valuable to the labour market. As such, she describes SEL as a psycho-economic fusion of economic goals and psychological discourse in a corporatized education system. Specific algorithms and metrics have already been devised by prominent psycho-economic centres of expertise to measure the economic value of social-emotional learning. 

Policies that prioritise “resilience” tend to put the onus of inequalities, poverty and other difficult circumstances and disaster responses on individuals rather than collective, publicly coordinated efforts. Tied to the emergence of neoliberal discourse, the political promotion of  individual citizens’ resilience diverts attention away from governmental responsibility and towards localised, laissez-faire responses. How the term “resilience” or “grit” is defined affects research focuses; different or insufficient definitions will lead to inconsistent research about the same concepts.

Research on resilience has become more heterogeneous in its outcomes and measures, convincing some researchers to abandon the term altogether due to it being attributed to all outcomes of research where results were more positive than expected. Other researchers have pointed to cultural relativity, for example, in the area of indigenous health, where they have shown the impact of culture, history, community values, and geographical settings on resilience in indigenous communities.

Another problem with this type of character education is that it promotes an amoral and careerist “looking out for number one” perspective. This is simply neoliberal competitive individualism in the guise of psychological constructs, rather than being tethered to, say, social conscience or moral imperatives. Achievement is narrowly defined as an endless competition for money, status, highly specific types of “success” and the next win. 

It’s an important distinction, because while it’s fair to acknowledge that it takes grit, courage and self-control to be a successful doctor, teacher or social worker, exactly the same could be said about a suicide bomber or mass murderer. I‘m sure many psychopaths and villians would have scored extremely well in such character assessments, being gritty, extremely hard-working, resilient, supremely self-controlled, charming and wildly optimistic.

Empathy, justice, collectivism and public service seem to be conspicuously absent in the educational shopping list of desirable dog eat dog character traits.

It’s difficult to miss the major influence of Martin Seligman and Christopher Peterson’s Character Strengths and Virtues, which was a major contribution to the methodological study of “positive psychology,” embedded in SEL. Given their focus on “improving human functioning” and “wellbeing”, positive psychology is closely related to “coaching psychology.”

However, Seligman and Peterson’s 24 “character strengths” were derived from religious and philosophical texts, and not from empirical evidence or scientific discourse, it could be argued that opinion has shaped research here rather than research shaping opinion. Furthermore, most of the 24 strengths do not have significant association with all positive outcomes and various studies yield contradictory results. Additionally, some empirical studies show that development of some character strengths can lead to degradation of other strengths. 

In Positive Psychology: A Foucauldian CritiqueMatthew McDonald and Jean O’Callahan argue that the “character strength” approach reflects a new political system of surveillance that risks creating an unintended consequence: disillusionment and alienation in much the same way that the DSM (Diagnostic and Statistical Manual of Mental Disorders) has achieved by marginalising those whose characters do not conform to society’s norms”. Moreover, it is a new regulatory tool for selection, control, and discrimination in the workplace, just as “personality measures” have been used in the past.

The authors further argue that such an approach may influence organisational culture by manipulating employee identity to control and coerce their workforce into more productive modes of functioning. Finally, they believe that Strength-Approaches support neoliberalism in treating the social domain as an economic domain, to promote self-governance, self-reliance and thus serves as tool in the implementation of current workplace policy and welfare “reform” in a number of Western nations, especially the US and UK.

The authors say that positive psychology privileges particular modes of functioning by classifying and categorising character strengths and virtues, supporting a neoliberal economic and political discourse, and has an “adversarial dialogue, with humanistic psychology.” 

Central to antihumanism more generally is the view that concepts of “human nature” “man”, or “humanity” should be rejected as historically relative or metaphysical. Nietzsche argues in Genealogy of Morals that human rights exist as a means for the weak to constrain the strong; as such, they do not facilitate the emancipation of life, but instead, deny it.

However, human rights were formulated to ensure that the powerful are accountable to citizens, and promote the idea that all life has equal worth, regardless of social status. “Constraining” genocide is not only acceptable, it’s desirable. 

Humanist Tzvetan Todorov identified within modernity a trend of thought which emphasises science and within it, the trend towards a deterministic view of the world. He clearly identifies positivist theorist Auguste Comte as an important proponent of this view. 

For Todorov Scientism does not eliminate the will but decides that since the results of science are valid for everyone, this will must be something shared, not individual. In practice, the individual must submit to the collectivity, which “knows” better than he does.” The autonomy of the will is maintained, but it is the will of the group, not the person…scientism has flourished in two very different political contexts…The first variant of scientism was put into practice by totalitarian regimes.” (The Imperfect Garden. 2001. Pg. 23)

Positivism is a form of epistemological totalitarianism. It is an outdated view that society, like the physical world, operates according to general laws, and that all authentic knowledge is that which is verified.

However, the verification principle is itself unverifiable.

Positivism tends to present superficial and descriptive rather than meaningful, in-depth and explanatory accounts of social events and phenomena. In psychology, behaviourism has been the doctrine most closely associated with positivism. Behaviour from this perspective can be described and explained without the need to make ultimate reference to mental events, emotions or to internal psychological processes. Psychology is, according to behaviourists, the isolated “science” of behaviour, and not the mind.

This approach, which has no regard for human reasoning, meanings and phenomenological experience, is echoed in behavioural economics, which generally doesn’t engage with people at the level of conscious awareness and rationality. It is claimed that nudges only work “in the dark,” as it were.

While positivists more generally locate causal relationships at the level of observable surface events, critical realists locate them at the level of deeper, underlying generative mechanisms. For example, in science, gravity is an underlying mechanism that is not directly observable, but it does generate observable effects. In sociology, on a basic level, Marx’s determining base (which determines superstructure) may be regarded as a generative mechanism which gives rise to emergent and observable properties. 

A RCT is a positivist research model in which people are randomly assigned to an intervention or a control (a group with no intervention) and this allows narrow comparisons to be made. Widely accepted as the “gold standard” for clinical trials, the foundation for evidence-based medicine, RCTs are used to establish causal relationships. These kinds of trials usually have very strict ethical safeguards to ensure the fair and ethical treatment of all participants, and these safeguards are especially essential in government trials, given the obvious power imbalances and potential for abuse. A basic principle expressed in the Nuremberg Code is the respect due to persons and the value of a person’s autonomy. And life.

Epistemology is the study or theory of the nature and grounds of knowledge, especially with reference to its limits, reliability and validity. It’s invariably linked with how a researcher perceives our relationship with the world and what “social reality” is (ontology), and how we ought to investigate that world (methodology).

For example, in sociology, some theorists hold that social structures largely determine our behaviour, and so behaviour is predictable and objectively measurable, others emphasise human agency, and believe that we shape our own social reality to a degree, and that it’s mutually and meaningfully negotiated and unfixed. Therefore, detail of how we make sense of the world and navigate it is crucially important, and so is the context.  Behavioural economics and any form of epistemic governance must surely accommodate and reflect this complexity and plurality of perspective.

Neoliberalism is failing. It’s not failing because populations lack rationality, cognitive capacity or “character”: it’s failing because neoliberalism itself doesn’t accommodate and reflect rationality, nor does it fulfil even basic public needs. It places limits on human development and stifles potential.

The political response is also irrational and reflects cognitive bias. The response, so far, has been aimed at coercing citizens to “adapt” to a failing socioeconomic policy framework, rather than to change the framework itself.

Image result for chomsky neoliberalism

 

 


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PIP assessments are dehumanising, degrading, very distressing and potentially harmful

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I co-run a support group for people going through Employment and Support Allowance (ESA) and Personal Independent Payment assessments and appeals. I have heard many people’s harrowing experiences of these assessments, I have written about them, and I’ve written critically about the assessment process itself. However, it isn’t until you experience one of these assessments for yourself that you may fully appreciate just how utterly distressing, surreal, degrading and dehumanising the process actually is. Or how potentially harmful.

I had my first ever Personal Independence Payment (PIP) assessment today. I have systemic lupus and pulmonary fibrosis, among other problems, all of which affect my mobility and capacity to live independently, day-to-day. My consultant is a rheumatologist and more recently, I have been seeing a pulmonary consultant. Other specialists I sometimes need to see are a neurologists, opthalmologists, physiotherapists and haematologists.

After a bout of pneumonia and sepsis earlier this year, which almost cost me my life, a follow-up scan found further lung problems, which have probably been ongoing for some time. Fibrosis can happen as a result of connective tissue illnesses like lupus, scleroderma or rheumatoid arthritis. It can also happen to people whose conditions have been treated with a chemotherapy called methotrexate – which I was given from 2012 onwards. My mother, who had rheumatoid arthritis, died suddenly of pulmonary fibrosis in 2009. The coroner said it was a complication of her illness, not because of a treatment. She was never given methotrexate.

The interview part of the assessment seemed okay, initially. I provided further evidence regarding my recent assessment, undertaken by my local council’s Occupational Therapy Service, which led to the prescription of aids and appliances in my home. The assessment report was quite clear about my basic medical conditions and day-to-day mobility limitations. I was asked about medication. I explained that following my second appointment with my new rheumatologist, I was prescribed some new medications, including one for secondary Raynaud’s syndrome, which has arisen because of my having lupus, as a complication.

A recent thermal imaging and microvascular study shows that this condition has got worse over time, and so my rheumatologist prescribed a treatment called Amlodipine. It concerned me that the Health Care Professional looked confused and skeptical when she asked for a list of my medication, and she said that this is a treatment for high blood pressure, she seemed to disbelieve what I had told her. I explained that I don’t have high blood pressure, and that calcium channel blockers such as Amlodipine are used for more than one condition, such as certain types of angina – which I also don’t have – and secondary Raynaud’s syndrome, which I do have. 

I was asked about the impact of my illnesses on my day-to-day living. At one point I explained that I find preparing and chopping food difficult because of the tendonitis in both wrists. I have been diagnosed with De Quervian’s Tenosynovitis, which makes putting any weight or strain on my wrists very painful.

I was also concerned that I was then asked if I have had my wrists splinted. This shows a lack of understanding about my condition. I have had splints but it did not make any difference to my wrists. I was diagnosed with De Quervain’s syndrome by my rheumatologist and a physiotherapist in 2011, but had the problem for considerably longer. As my physiotherapist pointed out, my wrists are not injured or strained through overuse and so won’t get better with rest or splinting. This is because they are damaged by a chronic systemic inflammatory disease process that is ongoing, and he told me it is medication rather splinting that is needed to try to manage the level of inflammation in my body as a whole.

Splinting my wrists is akin to putting a plaster cast on a knee affected by rheumatoid arthritis, or a plaster on cancer. It won’t help at all. That the HCP didn’t seem to understand the difference between the chronic inflammatory symptoms of connective tissue disease and curable strain and injury related conditions bothered me.

Another thing that bothered me is that I was asked about the frequency of my periods of severe illness and how that impacts on my ability to manage things like personal care. She wanted an actual number of days, which of course is impossible to give with any precision when you have a fluctuating condition. Sometimes I struggle getting dressed and spend days on end in my pyjamas, and the HCP asked me “how often”? I tried to give an average number of days per month, but because the acute flares of my illness vary so much from month to month, week to week, that was very difficult to do. She also seemed impatient that I struggled to try and work out an average. I have cognitive problems as a result of my illness.

Another problem is that I struggle with washing my hair sometimes, and she demanded to know how often I need assistance with that task. The best I could do was to explain that when I have no help, I can go up to two weeks at a time with matted, unwashed hair. I felt embarrased and ashamed enough in having to discuss these personal difficulties with someone I have never met, but it was made to feel somehow like a confict, that part of the discussion. I felt that if I didn’t provide precise and quantified “evidence”, the qualitative details – my experience of my disability – would not be taken seriously by the HCP. 

Another problem with the assessments that worries me is that there was nowhere near enough time to discuss the complex impact of all my complex medical conditions and wide-ranging symptoms on my day-to-day life.

The ‘examination’

After discussion of my conditions and how my illnesses impact on upon my day-to-day living, I was asked to do some tasks during an examination, which have left me in a huge amount of pain. I also felt stripped of dignity, because I struggled to manage the exercises and felt very anxious and distressed. I was shocked at some of the tasks I was asked to do, and also shocked at the fact I couldn’t actually undertake a number of these tasks. My shock turned to anger later, as I had to leave in significantly more pain that I had arrived with at the start of the appointment. I was also asked to do each of the unfamiliar tasks and exercises in quick succession, which made assessing any likely pain and potential damage difficult before trying to do them.

It is also a traumatic experience to suddenly discover that your illness has insidiously robbed you of a degree of mobility that you previously assumed you had. That is always a shock. 

Last year, my GP was carrying out a standard examination and smear, when my hips locked painfully, as I tried to move my legs. She couldn’t completeher examination and the procedure as my egs would not move. After this, she told me to not get up for a while, and she described the experience – discovering that my mobility had been painfully restricted by my illness – as “traumatic.” It was.

I have, among other problems, very painful inflammatory arthritis and tendonitis in my knees, hips, spine, Achilles’ tendons and ankles. Because the inflammation and damage is bilateral and symmetrical – affecting both knees, both hips, both ankles and both Achilles’ tendons equally, and across my lower spine – it leaves me unable to compensate for pain, stiffness and weakness by shifting my weight and balance onto another limb, as that is also weak, stiff and painful. It leaves me unsteady. I often use a stick to stop me falling over, but as an aid for walking, it’s pretty useless generally, because my shoulders, elbows and wrists also won’t take any of my weight.

The inflammation process causes marked stiffness as well as severe pain, and so restricts my mobility. I was asked to “squat down” at the start of the examination. I refused, and told the assessor that I couldn’t do that. It would have certainly caused me severe pain and possibly an injury. As I can’t support weight on my shoulders and wrists – I also have osteoporosis in my wrists and hands –  had I tried and fallen backwards, I may have easily ended up with a fractured bone. I was horrified at being asked to do that. I struggled to equate the “health care professional” with what I had been asked to do, and felt confused and shocked that she had asked me to do something that may have been harmful.

I also felt that the HCP may have misconstrued my comments that I couldn’t undertake this task as an unwillingness to cooperate, as she looked unhappy about it. She did ask why, and I explained. I felt that trying some of the other tasks she set, which looked to be less dangerous, would at least demonstrate that I wasn’t being uncooperative, and most looked like they wouldn’t inflict any damage at first glance, when she demonstrated them.

However, other exercises I tried to do resulted in my neck locking and severe pain when I was told to turn my head to look over my shoulder – and couldn’t. I have neck problems through longstanding inflammation there and an upper spine injury involving a displaced vertebrae, which is sometimes very painful. In addition, the problems in my shoulders also contributed significantly to the level of pain when I turned my neck, and my neck clicked painfully at the base of my skull. 

I was asked to put my hands and wrists in positions that looked impossible to me. I tried, though. I was asked to line the backs of my wrists up with my hands flat, which I couldn’t do, and it hurt me a lot to try this.

Phalens-maneuver
This is called Phalen’s Manoeuvre. I was asked to do what is actually a provocative diagnostic test for carpal tunnel syndrome – which entails compression of the median nerve. The test provokes the symptoms of carpal tunnel problems, in the same way that the painful Finkelstein test provokes symptoms of severe pain in people with De Quervain’s. I have never been diagnosed with carpal tunnel problems, but I do have more than one diagnosis of bilateral De Quervian’s Tenosynovitis, as stated previously.

I tried to do this manoeuvre, even though it isn’t applicable to my condition (though I didn’t know that at the time, I have since researched the test, as I wanted to know why I couldn’t perform it). I couldn’t even get close to managing it, it hurt my shoulders a lot when I tried to align my elbows at right angles with my dropped finger tips, and I couldn’t drop my wrists fully due to an incredible pain and stiffness that I had not expected. The backs of my wrists simply painfully refused to meet.

I do struggle with pain when putting any weight on my wrists, but didn’t realise how much they had stiffened up, restricting their movement. Not being able to perform this movement doesn’t mean I actually have carpal tunnel syndrome. Nonetheless, I feel that given my previous concrete diagnosis, I was put through this painful and traumatic series of medical tests for no good reason. 

This is the problem with a short assessment of complex conditions. Many of my problems and diagnoses go back years, and only some of them are summarised neatly on my consultant’s report. My relationship with my new rheumatologist started in April, my old one moved in 2015. My new rheumatologist decided to “challenge” the previous diagnoses of two former rheumatologists. Her report to my GP was woefully inaccurate because she had not read my notes or listened to what I told herLong story short, she re-diagnosed me, inaccurately, with fibromyalgia, she didn’t read my notes, she sent me for tests and scans I had already had previously, whilst suspending my treatment pending results. The scans and tests took months. That resulted in a serious lupus flare, which culminated in a bout of pneumonia and sepsis. During the time I was in hospital, I was re-diagnosed with lupus following abnormal test results. My having lupus is thought to be the key reason why I had got so ill – unfortunately, lupus leaves me very susceptible to serious infections like pneumonia, kidney infections and sepsis. I now have a new rheumatologist who says I definitely have lupus.

Atos say they won’t carry out ‘diagnostic tests’ but they did.

In the appointment letter from Atos, it says: “The Health Professional will talk to you about how your health condition affects your daily life”. Much of this was covered with the council’s initial care plan report, but I did discuss my health issues and barriers to independence at length during the assessment.

The letter from Atos then says: “This will not be a full physical examination or an attempt to diagnose your symptoms.” 

My neck and shoulders are stiff, painful and I currently have limited mobility in them, yet I was asked to put my hands behind my head, raise my arms and so on. Loud joint cracking, popping, creaking and gasps of pain and my screwed up face didn’t stop the demands of what I felt was the impossible. I was actually sweating and trembling with the effort and pain, and still she did not stop the “examination”. I felt I couldn’t say no, as I would have seemed somehow unreasonable. I kept thinking that if I tried, gently, I was at least showing willing, and that would be okay, but unfortunately I wasn’t. 

It’s difficult to equate these artificial manoeuvres with day-to-day activities, and therefore it is also difficult recognise the impact it would have on my mobility limits before I tried them and to gauge how much a movement in isolation is going to hurt. 

Immediately following the examination/tests, my left calf has inexplicably swollen to twice its normal size, I could feel the uncomfortable tightness in it, and the swelling was visible through my jeans, whilst still with the assessor, and I commented on it.

My pain level has significantly increased everywhere. I had no groin or neck or elbow pain when I arrived until I was asked to do activities that were beyond my capability and that caused me a good deal of needless pain. I felt undignified trying to do those tasks, shocked and dazed at the pain, and sometimes, at how limited my movements have become. It was an extremely distressing and dehumanising experience. I was also shocked at how the effort made me tremble and sweat, and at how my clear distress was completely ignored by a so-called “health care professional”.

Of course I am going to make a formal complaint about this. It shouldn’t cause people so much pain and distress to be assessed for support. And any examination part of the assessment ought to take your medical conditions and descriptions of mobility constraints fully into consideration without such a grueling and painful examination regime.

It is worth bearing in mind that in addition to my own account, medical evidence from my rheumatologist was submitted in advance, and a report of recent assessments by a council occupational therapist who prescribed aids and adaptations, which clearly outlined my mobility difficulties, following two assessments, was also submitted. This was a report written by a qualified professional and was based on her own examination of my level of functionality and mobility while I tried to perform directed tasks in my home, such as climbing stairs, preparing food and using a bath board in my bathroom.

The fundamental difference between the assessments is that the one for my care plan allowed me to undertake tasks at my own pace, with dignity, and the Atos assessment did not. The former also felt like it was a genuine assessment of my needs, with support being the aim, whereas the latter felt like some sort of skeptic’s test to see if a way could be found to claim my account and those of my doctors were somehow incorrect. The Atos assessment was so horrifying because it felt like it was about reluctantly providing support for maintaining my independence as a very last resort only. 

According to the government’s PIP handbook, for a descriptor to apply to a claimant they must be able to reliably complete an activity as described in the descriptor. Reliably means whether they can do so:

 safely – in a manner unlikely to cause harm to themselves or to another person, either during or after completion of the activity.

The descriptors at no point demand that a person completes the Phalen manoeuvre or squats. The brief and painful completion of raising your hands above your head does not demonstrate either a fluctuating ability to do so, or your ability to hold your arms up long enough to, say, wash your hair and rinse it, even on a good day. Nor does it adequately account for severe pain, profound fatigue, coordination difficulty and breathlessness that often impact on any performance of that task. I did point this out, and the fact that the activities had left me in a lot of pain.

It’s now the day after my PIP assessment. I am still in a lot of pain with my joints and tendons. I feel ill, anxious, depressed and I am still shocked and angry. I can’t even manage to wash today. I have also developed pain on the left side of my chest, which feels rather like pleuritis. I feel really unwell, profoundly tired and haven’t felt this bad since my bout of pneumonia. The assessment hasn’t made me ill – I was already seriously ill. But it HAS exacerbated by symptoms. 

No-one should be made to feel worse because of an assessment for support. The activities I was asked to do should have been stopped when it became clear I was struggling. I stated I was in pain, I was visibly sweating, trembling, weak and clearly in a lot of pain with the effort, and as a “health professional”, the assessor should have halted that examination. I am very concerned that unintended harm may be caused by assessors conducting examinations because they do not have qualification, sufficient information or understanding about patients’ conditions.

My condition, for example, has left a trail of individual symptom diagnoses and medical data that goes back many years. With such a complex array of joint and tendon problems, I felt that there was absolutely no consideration of the impact that, say, a hand and wrist manoeuvre may have on a person’s damaged shoulders and elbows, as well as their wrists, or how a neck movement may impact on an upper spine injury and inflammatory shoulder problems, as well as the neck.

Given the assessment report I submitted and medical evidence, in addition to my own account, I feel that such a painful physical examination ought to be restricted to cases of absolute necessity. I don’t believe those simple isolated movements I was asked to do can possibly demonstrate he complex limitations on my day-to-day independence, and how I manage (or don’t) to cope with domestic tasks and general mobility.

The fact I couldn’t do some of them was both traumatising and humiliating, as well as very painful. I am still in a lot of pain as a result. 

The shame of being there to explain to a stranger about your illnesses, the intimate details of your life, your vulnerabilities and why you need help, is difficult enough, without the added distress of being coldly assessed by someone who doesn’t understand your conditions and does not care that what they ask you to do may be traumatising, painful and potentially very damaging.

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Related

What you need to know about Atos assessments

Government guidelines for PIP assessment: a political redefinition of the word ‘objective’ 

Government subverts judicial process and abandons promise on mental health ‘parity of esteem’ to strip people of PIP entitlement

Tory MP says PIP should only go to ‘really disabled’ people, not those with anxiety ‘taking pills 

Disabled mum took fatal overdose after she was refused PIP

Fear of losing disability support led a vulnerable man to a horrific suicide

Theresa May euphemizes savage cuts to PIP when confronted by an angry disabled person demanding democratic accountability


 

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Judicial review rules benefit cap unlawfully discriminates against lone parents

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The  Conservatives have been dealt a blow by a high court judgement today, which ruled that the government’s highly controversial benefit cap unlawfully discriminates against lone parents with young children. The imposing of a benefit cap on tens of thousands of lone parents with children under the age of two is not only unlawful, it has has resulted in “real damage” to the families affected, the high court has ruled.

The judicial review challenge brought by four lone parent families, concerned the reduced benefit cap introduced by the Welfare Reform and Work Act 2016. The revised benefit cap drastically reduced housing benefits, leaving lone parent families across the country unable to afford basic life necessities to care for their children.

Mr Justice Collins has ruled that the application of the revised benefit cap to lone parents with children under two amounts to unlawful discrimination and that “real damage” is being caused to the claimants and families like theirs across the country.

The flagship welfare policy meant that there is a cap on total benefits, at either £23,000 a year in London, or £20,000 for the rest of the UK. The Department of Work and Pensions (DWP) had said that people were exempt from the cap if they work at least 16 hours per week – which the claimants said discriminated against lone parents with children under the age of two.

The benefit cap, which limits the total amount households can receive in benefits to £20,000 a year, or £23,000 in Greater London, was claimed to be  an “incentive” to “support” unemployed people to move into work. In reality, it has hindered people who want to prepare for work, demotivating them because they are struggling financially to meet their basic needs. Implying that taking support away from people – making cuts – is somehow “support” is a particularly ludicrous Conservative claim.

Mr Justice Collins said in his judgment that the policy visited “real misery to no good purpose” on lone parents with very young children who were subject to the cap despite there being no “official” requirement for them to find work. However, even for those citizens who are required by the state to seek work, it is still very difficult to justify cutting those people’s support, too, since welfare was designed to meet only basic needs.

Lone parents with children under two do not qualify for free childcare and so would find it difficult and often impossible to juggle working the minimum 16 hours a week required to evade the cap while finding means to care for the child. 

He said: “The evidence shows that the cap is capable of real damage to individuals such as the claimants. They are not workshy but find it, because of the care difficulties, impossible to comply with the work requirement.”

Most lone parents with children aged under two were not the sort of households the cap was intended to cover and it was “obvious” that it would exacerbate poverty. “Real misery is being caused to no good purpose.

He continued by stating that: “Most lone parents with children under two are not the sort of households the cap was intended to cover and, since they will depend on DHP (Discretionary Housing Payments), they will remain benefit households.”

Cutting people’s lifeline support causes extreme hardship and harm

Campaigners have argued that the benefit cap is a powerful driver of poverty and destitutionOfficial estimates published earlier this year show 50,000 low-income families caring for an estimated 126,000 children were at risk of serious financial hardship after being trapped by the lower benefit cap.

Rebekah Carrier, the solicitor acting on behalf of the families, said: “The benefit cap has had a catastrophic impact upon vulnerable lone parent families and children across the country. Single mothers like my clients have been forced into homelessness and reliance on food banks as a result of the benefit cap.

“Thousands of children have been forced into poverty, which has severe long-term effects on their health and wellbeing.” 

She added: “We are pleased that today’s decision will relieve my clients – and other lone parent families around the country – from the unfair impacts of austerity measures which have prevented them from being able to provide basic necessities for their children.” 

The Conservatives have said they intend to appeal the decision. The DWP has been given leave to appeal against the ruling. A spokesperson said: “We are disappointed with the decision and intend to appeal. Work is the best way to raise living standards, and many parents with young children are employed.”

Alison Garnham, chief executive of the Child Poverty Action Group charity, said: “In exposing the absurdity and cruelty of the benefit cap, we hope this case is the beginning of the end for this nasty policy. It is a policy that punishes the vulnerable for being vulnerable and even fails on its own terms.”

In 2015, although the Supreme Court found that the original cap was lawful, a majority found that it breached the rights of children. Despite evidence of the impact upon child poverty and amidst calls to review the way the benefit cap works, the benefit cap was lowered again in November 2016. The new annual limit was reduced significantly, with lower rates for households outside of London. Previously, London seem to bear the brunt of the policy but the revised cap is now affecting thousands of households across the country.

Mark Serwotka, general secretary of civil servants’ union the PCS, said the benefit cap should be scrapped.

He said: “As the union that represents DWP staff, we opposed the benefit cap from the outset because we knew it was cruel and unnecessary, and would drive families into poverty and homelessness.

“We welcome the judge’s ruling and comments about the misery being caused ‘to no good purpose’, and we now call on the Government not just to tweak the cap but to scrap it entirely.”

Labour leader Jeremy Corbyn described the ruling as a “further demonstration of the failure of this government’s austerity agenda”.

“It is failing in its own terms, it’s failing our communities, and it’s failing the most vulnerable in our country – including the victims of domestic violence and those facing homelessness,” he said.

“Labour has stood against the benefit cap, its discrimination against parents with children and the government’s cruel austerity programme. 

He called on the Government not to appeal the decision, and to “end this discrimination against parents and children”. 

Earlier this year, I wrote an article about comparative research at an international level, which has undermined the government claim that the UK welfare state encourages “widespread cultures of dependency” and presents unemployed people with “perverse incentives”.

The study, which links welfare generosity and active labour market policies with increased employment commitment, was published in 2015. It has demonstrated that people are more likely to look for work if they live in a country where welfare provision is generous and relatively unconditional. Empirically, the research includes more recent data from a larger number of European countries than previous studies. 

The research also compared employment motivation in specific sub-sections of communities across countries: ethnic minorities, people in poor health, non-employed people and women, and adds depth to previous studies. It has been concluded that comprehensive welfare provision is increasingly seen as a productive force in society (Bonoli, 2012), that stimulates employment commitment (Esser, 2005) and supports individual inclusion and participation in society and the labour market, particularly among disadvantaged groups. 

The researchers found that the more a country paid to unemployed and disabled people, and invested in employment schemes, the more its population were likely to agree with the statement, whether employed or not. 

The research findings challenge the Conservative’s neoliberal ideology, antiwelfare narratives regarding so-called “perverse incentives”, their highly controversial and stigmatising “scrounger” rhetoric and the brutal welfare cuts, implemented in stages since 2012. 

Welfare was originally intended to cover only basic needs: it allows families to pay rent, buy food, keep warm and simply keep going. When families get less money because of the Benefit Cap, the government’s own research shows that large numbers of people go into debt, end up with rent arrears, and can’t afford adequate food. Through no fault of their own. When people are struggling and can’t meet their basic needs, surviving becomes their overwhelming priority. This demotivates people, and means that it is almost impossible for them to meet their higher level psychosocial needs. Such as the need to look for work.

The government’s draconian welfare policies are founded on a “small state” neoliberal ideology, traditional Conservative class-based prejudices and a mean spirited, punitive approach to public needs.

Lies, damn lies and sadistics. The Tories have introduced sanctions which affect people in work who are low paid or work part-time. People have to prove that they are trying to “progress in work”. Once upon a time, we had a strong trade union movement for collective bargaining. Nowadays, when employers exploit workers, paying them a pittance, the employee is punished by the government.

 


 

I don’t make any money from my work and I have no funding. I am disabled because of illness. You can support Politics and Insights and by making a voluntary donation which will help me continue to research and write informative, insightful and independent articles, and to provide support for others. The smallest amount is much appreciated, and helps to keep my articles free and accessible to all – thank you.

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Nothing about you without you – the Labour party manifesto for disabled people

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FOREWORD

Over the last seven years disabled people have borne the brunt of the cuts inflicted on them by the Conservative Government and the Coalition before them.

The cuts have had a detrimental effect on the lives of disabled people, cutting living standards and undermining their access to education, social care and to justice.

Two years ago the United Nations (UN) convened a committee to investigate state violations of the UN Convention of the Rights of Persons with Disabilities (UN CRPD). Last year the UN published their report and concluded that the Conservative Government had committed ‘grave, systematic violations of the rights of persons with disabilities.’

This is a damning indictment of the treatment of disabled people by the Conservatives, one which shames us as a country.

We believe in a social model of disability, a society which removes the barriers restricting opportunities and choices for disabled people. As such we will build on the previous Labour government’s commitment to disabled people in 2009 as signatories to the UN CRPD. A Labour government will incorporate the UN CRPD into UK law.

We are proud of the manifesto we have developed with, and for, disabled people, and would like to take the opportunity of thanking everyone who has taken part in Labour’s Disability Equality Roadshow over the last year. We have crossed the length and breadth of the country to engage with disabled people and their carers, capturing their views on what needs to change for disabled people to live full and independent lives.

We will continue to work with disabled people in government, fulfilling our promise of ‘nothing about you, without you’.

Jeremy Corbyn, Leader of the Labour Party

Debbie Abrahams, Shadow Work & Pensions Secretary

Marie Rimmer Shadow, Minister for Disabled People.

To access full CONTENT click here (PDF)

After seven years of punitive policies and systematic abuse of the human human rights of disabled people by the coalition and Conservative governments, it is such a profound relief to see Labour have developed this manifesto, using consultations as a democratic opportunity to HEAR and include us in political decision making, and will strongly support disabled people and their families. I am proud to have contributed to this via the consultation held in Newcastle.

Here is a brief summary of some of Labour’s policies:

  • Labour will make it a priority to repeal the numerous cuts in social security support for people with disabilities. They will do this through a new Social Security Bill that will be passed within the first year of the new parliament.

  • Labour will reverse the £30 per week cut that the Tories recently imposed on disabled people who receive Employment and Support Allowance (ESA).

  • Labour will scrap the Bedroom Tax that has cruelly and disproportionately hit over 400,000 families with disabled members with punitive charges for “spare” rooms that are often used to store medical equipment, or for carers to sleep in.
  • Labour will end the pointless and needlessly expensive continuous reassessments of disabled people with permanent disabilities, chronic illness and degenerative illness.

  • Labour will end the privatisation of disability assessments so that disabled people never again have to face the indignity degradation of having to prove their disability to some corporate bureaucrat with targets to throw as many disabled people off their benefits as possible.
  • Labour will scrap the discriminatory and degrading Work Capacity Assessment (WCA) regime that costs billions more to administer than it actually saves in reduced payments in social security support for disabled people.
  • Labour will end the privatisation of disability assessments so that disabled people never again have to face the indignity degradation of having to prove their disability 
  • Labour will scrap the Personal Independence Payment (PIP) assessment regime too.
  • Labour will replace the WCA and PIP assessment regimes with a system where personal advisers help to provide every disabled person who feels capable of work to develop a tailored personal plan, adopting a genuinely holistic approach. Those who feel they can’t work will be supported without punishment or threat of uncertainty.
  • Labour will incorporate the UN Convention on the Rights of Persons with Disabilities into UK law. And observe the law.
  • Labour will scrap  the draconian sanctions regime that has consigned hundreds of thousands of disabled people to absolute destitution. 
  • Labour will increase the Carer’s Allowance by £11 per week to bring it into line with the rate of unemployment benefit. 
  • Labour will reverse the Tories’ assault on the Bereavement Allowance.

The Labour Party manifesto is a fantastic demonstration that they have been listening to the concerns of disabled people and their families.

The manifesto presents a set of policies that will make people’s lives better.

I’ve summarised a handful of policies here, so be sure to read the full document.

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 Alex Cunnigham, me, Debbie Abrahams and Gail Ward at the Disability Equality Roadshow in Newcastle

A comparison of Labour and Conservative manifestos – CLASS

The Institute For Fiscal Studies (IFS) analysis of the Conservative and Labour manifesto proposals, which shows that both parties will run a surplus by 2019/20 , with Labour having £21 Billion spare. 

The Centre for Labour and Social Studies (CLASS) is a thinktank established in 2012 to act as a centre for left debate and discussion. Originating in the labour movement, CLASS works with a broad coalition of supporters, academics and experts to develop and advance alternative policies. 

CLASS produces briefings, policy papers and think pieces to influence policy development, which spans a field. Projects already underway address issues of growth and the economy, work and pay, housing and equality, security and aspiration, democracy and welfare, amongst many others.

CLASS have produced a comprehensive briefing which  breaks down and compares Labour and Conservative manifesto proposals across policy areas including public services, tax, education, employment and Brexit.

Here is a summary. I recommend you read the full report here.

Brexit

Labour has pledged to focus on jobs and living standards as the first priorities in Brexit negotiations:

 Labour states that leaving the EU with no deal would be the worst possible outcome, and reject it as a possibility.

 Labour has accepted the end of freedom of movement, meaning that the UK will have to leave the single market.

 Labour wants to maintain as many benefits of the single market and customs union as possible.

 Labour will scrap the Conservatives’ Great Repeal Bill, replacing it with an EU Rights and Protections Bill that will protect working rights, consumer rights, equality law and environmental protections.

The Conservatives have made Brexit a central theme in their manifesto, stating that it is the biggest challenge the UK will face in most of our lifetimes.

 The Conservative manifesto maintains that no deal would be better than a bad deal.

 The Conservatives have pledged to scrap freedom of movement as a red line in Brexit negotiations. This means that the UK will leave the single market, which is made clear in the manifesto.

 The Conservative manifesto pledges a deep and special relationship with the EU, but there are no specific details. 

Conclusion: Both Labour and the Conservatives have pledged to accept the referendum result, and both parties voted to trigger Article 50 and start the formal process of leaving the EU.

However, their priorities in Brexit negotiations are different. The Conservatives’ acceptance that no deal is a possibility for Brexit would have huge implications for the UK economy. We welcome Labour’s statement that leaving with no Brexit deal should not be an option.

Immigration

The Labour party has stated that freedom of movement will end post-Brexit, but have not pledged to reduce immigration.

 Labour would guarantee the rights of EU migrants in the UK immediately.

 Labour will not set an arbitrary target on immigration levels to the UK.

 Labour will reintroduce the Migrant Impact Fund, to ensure that increased migration in certain areas does not place a strain on public services. The Conservative party have pledged to end freedom of movement and reduce migration, claiming that when immigration is too high it is difficult to build a cohesive society.

 The Conservatives will not guarantee the rights of EU citizens before Brexit negotiations start.

 Despite missing their immigration targets repeatedly while in government, the Conservatives have again pledged to reduce immigration to the tens of thousands -including students.

Conclusion: Both parties are committing to ending freedom of movement post-Brexit. This could have serious consequences for the UK – 10% of our doctors and 4% of our nurses are from elsewhere in the EU.

It is also concerning to see that students will be included in Conservative immigration numbers. However, while the Conservatives continue to suggest that immigration must be limited, Labour have stated that immigration targets are unhelpful. This is a positive step forward in our national conversation about migration.

Tax and redistribution

Labour pledges to make the taxation system fairer through a combination of increasing existing taxes on the top 5%, new taxes, and tighter rules on existing taxes to crack down on evasion and avoidance. This aims to raise £48.6bn in revenue. Key proposals are as follows:

 Lowering the 45p additional rate threshold to £80k (Top 5%) and reintroducing the 50p rate on earnings above £123k. Raising £6.4bn.

 Excessive Pay Levy: paid by employers directly on salaries over £330k. Raising £1.3bn.1

 Increase corporation tax to 26% in 2020–21 (2011 levels) with a lower rate for companies with annual profits below £300k. Raising £19.4bn.

 Introduce a Robin Hood Tax – a tax of about 0.05% on financial transactions. Raising £26bn.

 A clamp down on tax avoidance. Raising £6.5bn. A £3.9bn allowance has been made for behavioural changes and uncertainty.

The Conservatives have emphasised a low tax economy with a new deal for ordinary people (see our employment section). As could be expected with a low tax focus, their plans are more modest than Labour’s:

 Increase the personal allowance to £12,500 and the higher rate of tax to £50,000 by 2020.

 Cut corporation tax to 17% by 2020.

 Conduct re-evaluations more frequently to prevent large changes.

 Stop tax avoidance and evasion.

Conclusion: Tax is one of the biggest dividing lines between the parties. We welcome Labour’s plan for increased taxes on the rich and bold measures to tackle inequality. We are concerned that the Conservatives plan for a low tax economy would simply mean high earners and corporations gain, while low and middle income earners would see their wages eaten away by inflation.

Investment

Labour announced a £250bn fund for investment in infrastructure – transport, energy systems, telecommunications – scientific research, and housing (to be raised by borrowing). Funds will be targeted at:

 Extending HS2 into Scotland.

 Building Crossrail for the North.

 Investment in new, state-of-the-art low-carbon gas and renewable electricity production.

 Universal superfast broadband by 2022.

 3% of GDP on research and development.

 A goal of 60% of jobs created through investment to be high skilled.

The Conservatives have also proposed an industrial strategy with major investment in infrastructure, skills and research and development. They plan to continue the existing £170bn infrastructure investment plan over the next parliament. A part of this funding will come from borrowing and part is already allocated in the budget.

They aim to:

 Meet OECD average of 2.4% of GDP on research and development.

 Launch a £23bn National Productivity Investment Fund.

Conclusion: Both parties have pledged to invest in infrastructure and skills. Labour’s measures are more ambitious in outlook and funding, and are more clearly costed. CLASS believes that this big and bold idea brings the investment the UK so vitally needs.

Environment

 The Labour party used their manifesto to link the environment to sustainable agricultural industries and flood defences. Their main policies are:

 An end to fracking.

 Championing sustainable farming, food and fishing by investing in and promoting skills, technology, market access and innovation.

 Introduce a new Clean Air Act to deal with illegal levels of air pollution.  Halt the privatisation of public forests.

The Conservative party talked about the environment in the context of business, with relatively little on environmental protections by themselves, arguing for:

 More fracking, hailing the technique as a “revolution”.

 Devise a new “agri-environment system”.

 Produce a 25 year Environment Plan.

 A pledge to be the first generation to leave the environment in a better state than they inherited it.

Conclusion: There are clear dividing lines on the environment, most noticeably regarding fracking, with the Labour party firmly opposed to the industry, and the Conservatives proudly supportive.

There is also the matter of Labour’s greater emphasis on environmental protection and clean air, and lack of Tory attention to these issues. Given this divide, we do not see how a Conservative government would be the one to leave the environment in a better state.

NHS and social care

The Labour party has focused on additional funding for the NHS and social care, stating that cuts to NHS and social care budgets by previous Conservative governments have led those services to crisis point.

 Labour has committed to £30bn in extra NHS funding over the next parliament.

 Labour has committed £8bn for social care over the next parliament.

 Labour pledges to guarantee access to NHS treatment within 18 weeks, and that patients will be seen in A&E within 4 hours. The Conservative party manifesto has pledged to increase NHS spending, while proposing new rules for social care costs.

 Conservatives will increase NHS spending by at least £8bn over the next parliament.

 The Conservatives propose ensuring that anyone who needs social care will be able to keep £100,000 of assets.

 People will be able to defer payment on social care until after their death, enabling them to keep their house.

Four days after the Conservative manifesto launch, Theresa May announced that there will be a cap on the amount an individual will pay towards their care, despite the manifesto mentioning no cap and specifying only that no one would be left with less than £100,000 in assets after paying care costs. There has been speculation that a narrowing poll lead led to this announcement, which the Conservatives refuse to describe as a change.

Conclusion: We welcome commitments to properly fund the NHS, but Conservative commitments do not equal the missing funding identified by many campaigners, and their figure is less than a third of Labour’s commitment.

The Conservative social care proposals are also flawed, as people would be likely to pass on their assets to their children to avoid charges. While four in five councils can’t cope with the demand for elderly social care, Labour’s proposals for a big funding boost would be the better option for social care.

Education

The Labour party has pledged to create a National Education Service to reform our education system.

 Labour will reverse cuts to school funding.

 Labour will increase Sure Start funding.

 Labour will create a National Education Service for cradle to grave education, free at the point of use.

 Labour will reduce class sizes to less than 30 for all five, six and seven year olds.

 Labour has pledged to scrap tuition fees and reintroduce maintenance grants.

 Labour has pledged to restore the Education maintenance Allowance (EMA).

 Labour will provide free Further Education, including English lessons. The Conservative party has made pledges to increase school funding and make sure that more children attend good schools.

 The Conservatives have pledged that no school will have their budget cut as a result of the new funding formula.

 The Conservatives will build 100 new free schools a year.

 Conservatives will lift restriction on creating grammar schools.

 Conservatives will open a specialist maths school in every major English city.

 Conservatives will stop universal free school lunches for primary age children, replacing them with free universal breakfasts. The savings will be used for £4bn in schools funding over the next parliament.

Conclusion: Labour’s commitment to reversing school cuts should be welcomed – 99% of schools will have per pupil funding cut by 2020 under current government policy.1 The creation of a national education service for lifelong learning is another welcome proposal, enabling people to retrain in a fast changing jobs market.

However, we were disappointed to see another commitment to new grammar schools from the Conservatives, with a pledge to lift restrictions on the creation of new selective schools. As we have highlighted before, there is no evidence that shows grammar schools increase social mobility – it actually shows the opposite.

Welfare system

The Conservative party state that they have no plans for further radical welfare system reform in the next parliament. The Conservatives will therefore continue to roll out universal credit.

The Labour party has pledged to reform the controversial Universal Credit program. Labour has also pledged to:

 Scrap the bedroom tax.

 Scrap punitive benefit sanctions. 

 Scrap the Work Capability Assessment.

 Scrap cuts to bereavement support.

 Restore housing benefit for under 21s.

Conclusion: After several years of cuts to benefits, and numerous examples of suffering caused by those cuts, it is disappointing to see no changes to the welfare system proposed by the Conservatives. However, we should welcome commitments by Labour to scrap some of the worst features of recent welfare reforms.

Working rights and employment  

Labour released a 20-point plan to increase workers’ rights and provide better security at work. The most important are as follows:

 Give all workers equal rights from day one, whether part-time or temporary.  Ban zero hours contracts.

 Legislate to ensure that recruitment of labour from abroad does not undercut workers at home.

 Repeal the Trade Union Act and roll out sectoral collective bargaining.

 Maximum pay ratios of 20:1 in the public sector and in companies bidding for public contracts.

 Raise the Minimum Wage to the level of the Living Wage (expected to be at least £10 per hour by 2020) – for all workers aged 18 or over.

 End the Public Sector Pay Cap.

 Action on bogus self-employment so the law assumes a worker is an employee unless the employer can prove otherwise.

 Double paid paternity leave to four weeks and increase paternity pay.

The Conservatives have taken a different focus on workers’ rights. Their promises are certainly less ambitious, but there are some positive commitments:

 A statutory right to a year’s unpaid leave to care for a relative.

 EU workers’ rights protected.

 Protection from the gig economy.

 Improve worker representation on boards – watered down from previous commitments to have workers on boards.

 A right to training.

However, the Conservatives have weakened their National Living Wage commitment to meet 60% of the median wage by 2020. With rising inflation, this is likely to cause increased poverty among low earners.

Conclusion: Although this is one of the Conservative party’s more worker friendly manifestos, Labour’s finger is definitely more on the pulse when it comes to workers’ rights. Labour’s manifesto has a real potential to tackle the deep inequality that the UK suffers from.

Inequalities

Labour has pledged a range of measures to reduce equality for several groups. Some of these include:

 Labour will assess future policy for its impact on women.

 Bring offences against LGBT people in line with hate crimes based on race and faith.

 Labour will introduce a requirement for equal pay audits on large employers to tackle the pay gap faced by BME workers.

 Labour would classify British Sign Language as a recognised language.

The Conservative party had a particular focus on disability discrimination.

 A one year national insurance holiday for companies who employ a person with a disability.

 The Conservatives will continue plans to tackle hate crimes against a person based on their sexual orientation, gender identity, disability and religion.

 The Conservatives will review access for disabled people and pledge to work with service providers to reduce any extra costs faced by people with disabilities. 

Conclusion: Labour have proposed concrete policies to help improve equalities in the UK. Although the Conservatives have clearly stated a commitment to people with disabilities, this is in the context of cuts to benefits under a Conservative government which have had a disproportionate impact on people with disabilities.

Housing

The Labour Party has an ambitious goal of council house building and a raft of protections for renters:

 Build 100,000 council and housing association dwellings for every year of the next parliament.

 Build more affordable housing.

 Make three year tenancies the norm.

 Abolish the bedroom tax.

 Inflation capped rent increases, and a ban on letting agent fees.

 New minimum standards introduced for the private rental sector.  Reinstate housing benefit for 18-21 year olds.

 A plan to end rough sleeping within the next Parliament, with 4,000 additional homes for people with a history of rough sleeping.

The Conservative Party is also making bold pledges on house building:

 A promise to deliver on their 2015 manifesto commitment to build a million homes by 2020, and a pledge to built another 500,000 homes by 2022.

 A new generation of fixed-term council housing linked to a new Right to Buy.

 Free up more land for new homes.

 Give housing associations more flexibility to increase their stock.

 Give councils more power to intervene when developers don’t act on planning permissions.

 Look at increasing protections for renters

Conclusion: We are happy to see commitments from both parties to building large numbers of houses, though this does reflect how bad the crisis has become.

We call on both parties to commit to building 200,000 social houses to meet demand. We applaud the multiple new protections for renters from Labour, and are concerned with the lack of firm policy commitments from the Tories.

Pensions

Labour plans bring both strong protections for pensions and a potentially radical shift in pensions policy. Proposals include:

 Keeping the triple lock on pensions, so the state pension rises by 2.5%, inflation, or earnings growth.

 Commission a new review of the pension age, to develop a flexible retirement policy reflecting people’s contributions, the variations in life expectancy and the varying health effects of work.

 The Winter Fuel Allowance and free bus passes will be guaranteed as universal benefits.

 Protect pensions of UK citizens living overseas.

The Conservative proposals broke with the political consensus on pensions and the elderly (See the social care section for more detail on that particular policy). Their commits on pensions are:

 Means testing the winter fuel allowance (potentially affecting 9m pensioners).

 Change to a double lock on pensions, so they go up in line with earnings or inflation, whichever is higher (removing the third 2.5% lock).

 Measures to protect private pensions by increasing punishment for mismanaging schemes.  

Conclusion: We are happy to see commitments from both parties to building large numbers of houses, though this does reflect how bad the crisis has become. We call on both parties to commit to building 200,000 social houses to meet demand.

We applaud the multiple new protections for renters from Labour, and are concerned with the lack of firm policy commitments from the Tories. 

Public services and nationalisation

The Labour party has pledged to prioritise public service over private profit, and stated that prices have risen and services have suffered in privatised industries.

 Renationalise railways by bringing them back into public ownership as franchises expire.

 Renationalise Royal Mail.

 Establish publically owned regional water companies.

The Conservative party have pledged to take action on rip-off bills.

 Pledge to freeze energy bills, a policy that was also in the 2015 Labour manifesto.

 Pledge an independent review into energy costs.

 Pledge the largest investment in railways since the Victorian era and extra capacity to tackle overcrowding.

Conclusion: Labour have made it clear that privatisation of public services, all natural monopolies, has not worked. We should welcome the commitment to nationalise industries to make them accountable to the public who use them, and with the aim of reducing prices.

The Conservatives have made no pledges on nationalisation, but have promised rail investment. It is unlikely that investment alone could tackle the issues facing our railways. 

 

 


Related

What Labour achieved

Image result for manifesto 2017


 

I don’t make any money from my work. I am disabled because of illness and have a very limited income. But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you.

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Vote Labour to uphold the rights of disabled people – our letter to the Guardian

Image result for Human rights are universal

The following letter was published in the Guardian today, written and signed by a group of academics, professionals, campaigners and grassroots activists who work together cooperatively.

We collaborate to fulfil our mutual aims of achieving a progressive, civilised, just and safe society for all. We hope to do this by ensuring that the society we are a part of is democratic and fully inclusive: we want a civilised society that observes and meets its human rights obligations on behalf of all social groups. This isn’t happening currently. (See: UN’s highly critical report confirms UK government has systematically violated the human rights of disabled people).

As an independent researcher, writer, campaigner, and as a disabled person, I am very proud to be included among them. 

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Many disabled people see Labour’s policies as a lifeline, say the 30 signatories to this letter. 

For chronically ill and disabled people, recent years have been a disaster. The UN recently found “reliable evidence that the threshold of grave or systematic violations of the rights of persons with disabilities has been met” (Report, 8 November 2016).

We have been forced through a work capability assessment that the government’s own expert adviser described as “inhumane”, and which in 2015 was found to be associated with an additional 599 suicides.

Many needing help are now forced through another persecutory assessment – the personal independence payment – designed to reduce the numbers qualifying for help by half a million.

Social care has been so savagely cut that some young disabled must wear incontinence pads for lack of toileting assistance. People can’t take any more of this.

Many disabled people are not party-political, but see Labour’s policies for disabled people as a lifeline – envisioning a society where people are treated as human beings deserving of respect, equality and a decent life. Please, don’t endorse recent human-rights abuses; endorse the human rights of disabled people by registering, and by voting Labour on 8 June.

Paul Atkinson Jungian psychotherapist
Stef Benstead Spartacus Network
Peter Beresford Co-chair, Shaping Our Lives
Gary Bourlet Founder, People First Movement in England
Dr Emma Bridger Research fellow in psychology
Professor Woody Caan Journal of Public Mental Health
Dr Kelly Camilleri Registered clinical psychologist
Merry Cross
Dr David Drew Labour Parliamentary candidate for Stroud
Nick Duffell Psychohistorian
Dr Simon Duffy Centre for Welfare Reform
Dr Dina Glouberman Skyros Holistic Holidays
Catherine Hale Chronic Illness Inclusion Project
AC Howard DWPexamination.org – For The UK’s Disabled Community
Chris Johnstone General practitioner
Sue Jones Psychologists Against Austerity, researcher and writer, campaigner
Jayne Linney Disability activist
Alec McFadden TUC Salford
Helen McGauley Trainee clinical psychologist, Lancaster University
Beatrice Millar Person-centred counsellor/psychotherapist
Rev Paul Nicolson Taxpayers Against Poverty
Gavin Robinson Alliance for Counselling and Psychotherapy
Professor Andrew Samuels University of Essex
Nicola Saunders Psychotherapist
Martyn Sibley Disability blogger
Mike Sivier Vox Political
Professor Ernesto Spinelli
Mo Stewart Independent researcher, disability studies
Gail Ward
Dr Jay Watts Queen Mary, University of London
Dr Claudia GillbergSenior Research Associate in Education; Fellow at Centre for Welfare Reform and Disability Rights Activist

Dr Richard House Alliance for Counselling and Psychotherapy

 

Join the debate – email guardian.letters@theguardian.com

Read more Guardian letters – click here to visit gu.com/letters


I don’t make any money from my work. I am disabled because of illness and have a very limited income. The budget didn’t do me any favours at all.

But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you.

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Disabled mum took fatal overdose after she was refused PIP

Susan Roberts was found dead because of a morphine overdose (Photo: Philip Coburn)

A disabled mum, Susan Roberts, was found dead at home following an overdose of morphine. Susan died just metres away from a heartbreaking 11-page letter she had written to the Department for Work and Pensions (DWP), detailing her suffering following being told she wasn’t eligible for Personal Independence Payment (PIP). 

Susan, a grandmother of eight, had survived four heart attacks. She died £4,000 in debt, after taking a fatal overdose within hours of being informed that her claim for PIP was unsuccessful. She had previously claimed Disability Living Allowance (DLA) and had been given an indefinite award, as her medical conditions were considered highly unlikely to get better.

The letter from the Department for Work and Pensions (Photo: Philip Coburn)

Susan was asked to apply for PIP by the DWP following the proposed closure of her DLA claim. Many people who have previously been eligible for DLA have found that they lose their support once they are reassessed for PIP. The government introduced PIP to replace DLA and to cut costs in 2013, as a part of their welfare “reform” programme, which inflicted cuts on the poorest citizens. The Conservatives claim that PIP “targets those most in need”. However, many people with the highest level of needs have been turned down for PIP after having indefinite or lifetime awards of DLA.

Susan’s tragic death also highlights that despite their claims, the government are not succeeding in “targeting the most vulnerable people”

Before taking a fatal dose of morphine, Susan had placed the paperwork from the DWP, which informed her that she had been turned down for PIP following mandatory review, a Do Not Resuscitate note and her unsent letter, on her dresser.

Susan was shocked when she was informed that she did not even qualify for an award of PIP at the lower rate. 

She began her heartbreaking letter: “Dear sirs, first of all, I request that you read this through carefully – this is my life after all.”

She said: “I am in a considerable state of depression after receiving your decision about my claim for PIP.”

Describing her health, she said: “My gall bladder needs to be removed because of multiple stones, weight loss, vomiting, excruciating pain – but specialists won’t operate because of my heart condition.”

She then describes the impact of suffering from ME, and explains that she can only manage to do tasks for just two or three hours a day. 

Susan had a stent fitted after her heart attacks and spent most of her time bedbound, largely due to also having ME.

An operation to remove part of her bowel meant she needed help to go to the toilet. She also needed help with her personal care, such as showering and with shopping, as she struggled to walk. But in late 2015, the Conservatives scrapped DLA and replaced it with PIP. Anyone 65 or older on April 8, 2013 still got DLA.

Susan’s daughter, Hayley Storrow, said: “It’s so sad. If she was born a week earlier she may have still been alive today.”

Susan’s PIP assessor had somehow erroneously decided that she could wash and bathe unaided, go to the loo and walk over 200 metres. Shockingly, this type of “error” and gross inaccuracy is very commonplace in the reports produced when disabled people are assessed for their lifeline support. In fact, earlier this year, the Labour party, the Green party and the Liberal Democrats called for the government to act on claims of widespread dishonesty by the medical professionals paid to compile benefits assessment reports, following a two-month investigation by Disability News Service.

Susan added in her letter that she would be virtually housebound without her Motability vehicle and her concluding comment is: “Thank you for reading this, with the greatest respect.”

She lost her Motability car last April because of the DWP’s decision not to award her PIP. Susan had sent a heartbreaking text to her daughter, Hayley, saying: “I’m never going to be able to see you again because they are taking the car.”

Susan is among thousands of disabled people who have lost their specialist Motability vehicles and wheelchairs because of cruel Conservative cuts and the restrictions to the eligibility criteria of PIP, and many more are likely to be affected. 

The PIP is supposed to help with the additional costs of being disabled, and in supporting disabled people in maintaining their independence and dignity, but many people are being denied the benefit because they are not assessed properly, and because the eligibility criteria have been made increasingly restrictive.

This means people previously eligible for the mobility component of DLA lose their cars and wheelchairs once they have been reassessed for the new PIP, if they don’t qualify for the mobility component. For many disabled people, this is a massive blow which impacts on their ability to remain independent, take part in their communities or get and keep a job. PIP is not means tested, so disabled people in work may claim it to help with additional support and extra costs. Many people losing their Motability vehicle will no longer be able to work.

Susan had asked for a review of the DWP decision following her first appeal. On 18 May last year, a letter arrived at her warden-assisted flat to tell her that the PIP award had been turned down yet again.

She was found dead the following morning and despite the letter and papers left out on the dresser, remarkably, a coroner said in October that she “had not taken her own life as there was no suicide note”, ruling it was a “drugs-related death”.

However, her daughter, Hayley, said: “I believe her unsent letter was her suicide note.”

It’s highly unlikely that an accidental overdose would have somehow prompted Susan to include a Do Not Resuscitate note with her letter and the bundle of DWP paperwork, too.

Do Not Resuscitate (DNR) orders are basically notes kept in a patient’s file that they do not want to be resuscitated should their heart stop. The medical establishment views DNR orders as the patient’s choice, though they do request that those considering DNR orders to discuss it with their family members. DNR orders may be requested by patients for a variety of reasons, all of them designed to keep the patient from suffering further. However, DNR laws do not take into account the situation of mentally ill patients framing a DNR order as a preparation for suicide.

The fact that Susan left the DNR note out with her letter and bundle of DWP documents indicates that her overdose was not accidental.

The Coroner’s verdict

By the end of 2015 it had emerged that the UK had experienced the largest annual spike in mortality rates for nearly 50 years.

Much media coverage seems to avoid reporting suicide as a response to structural conditions, and instead tends to emphasise suicide as an outcome of “mental illness” – as an individual act, rather than a problem that is influenced by socioeconomic and political conditions. The government has attempted to reconfigure wider social and economic problems as psychological problems, which has pushed highly politicised individual clinical and state therapeutic interventions – embodied in a rise of the mass provision of cognitive behavioural therapy and mandatory “attitude adjustment” classes for welfare recipients in the UK. This approach reflects political ideology and prejudices, rather than tackling the bigger issues of social inequality, poverty, lack of opportunity and an extremely punitive welfare regime. All of which are largely shaped by government policies.

Earlier this year, the Samaritans pubished their report Dying from Inequalitywhich clearly recognised rising socioeconomic inequality with a higher risk of suicide. The charity called on the government to direct support to those with unstable employment, insecure housing, low income or in areas of socioeconomic deprivation.

Mary Hassell, the senior coroner for inner North London, wrote directly to the DWP in 2015, stating that the suicide of Michael O’Sullivan, a disabled man who hanged himself, had been a direct result of being ruled “fit to work.

The coroner’s verdict of Michael O’Sullivan’s suicide is widely seen as ground-breaking by disability rights campaigners and groups like Disabled People Against Cuts (DPAC) because the DWP, the media and charities usually frame suicide as “complex” with no single cause, which means suicide has rarely been directly linked to the austerity programme, nor have government policies more generally been seen as directly responsible for suicides. 

Suicide is a significant social problem. Over 800,000 people commit suicide every year. Many of these can be quite properly understood as “economic suicides” because they take place against a backdrop of structural adjustment policies and rampant neoliberal market-led reforms. A counter discourse to the government tendency of psychologising socioeconomic conditions, making them the responsibility of individuals, rather than government and wider society, is of course crucial.

Technically, a coroner makes a finding of fact at the end of an Inquest. The coroner cannot attribute blame to any individual and cannot imply a criminal or civil liability, by law. The Coroner must use the evidence heard to decide who the deceased person was, where they died, when they died, and what the cause of their death was. Commonly, the “finding of fact” is referred to as a verdict or conclusion. A conclusion of suicide is decided where the evidence indicates a person has voluntarily acted to destroy his or her life in an intentional way. Inquest verdicts of Suicide (and Unlawful Killing) must be decided “beyond reasonable doubt”. Other causes of death may be decided on “a balance of probability”.

However, there is evidence to suggest that suicides are being under-reported because of the change in Coroner’s statutory regulations and guidelines, in 2013. Interestingly, contrary to the current trend in health and safety inquests, the Ministry of Justice guidance tells coroners that, wherever possible, short-form conclusions should be delivered, rather than the more detailed narrative conclusion.

Furthermore, open conclusions are discouraged, to be used only as a “last resort”. Concerns have been raised about the government’s new short-form conclusions and some organisations, including the Royal College of Psychiatrists, have asked the government to give due consideration to changing the standard of proof required for suicide verdicts. The 2013 reforms also enable the government to suspend an independent inquest into any death in favour of an inquiry, which under the Inquiries Act 2005 can be now be held in secret. 

The House of Commons Health Committee Suicide prevention: interim report Fourth Report of Session 2016–17 says: “Our evidence suggests the need for a more rapid provisional notification of suicide at the time when a suspected death by suicide occurs. We recommend that the Government take action to improve consistency between coroners and to make routine the use of provisional notifications of suicide. Furthermore, we recommend that the standard of proof for conclusions of death by suicide should be changed to the balance of probabilities rather than beyond reasonable doubt.” 

Rule 43 of the Coroners Rules (1984) states that if the Coroner is of the opinion that a death could have been prevented if different action had been taken by a particular person or organisation, he/she may make a recommendation for change. Also, the scope of the coroner’s investigation must be widened to include an investigation of the broad circumstances of the death, including events leading up to the death in question, where this wider investigation is necessary to ensure compliance with Article 2 of the European Convention on Human Rights (right to life). The positive duty to protect life implies a duty to investigate unnatural deaths, including but not confined to deaths in which state agents may be implicated.

Hayley has accused the government of having blood on their hands. She said: “People are living in poverty or considering suicide because of these benefits changes. My Mum won’t be the last to die.”

A DWP spokeswoman said: “Our thoughts are with Mrs Roberts’ family but there is no evidence to suggest any link between her death and her benefit claim.”

There is no evidence to suggest it isn’t, either, without further investigation, which so far, the government have refused to do. There is an established correlation between disability benefit assessments and increased mental health problems, distress and exacerbations of physical illness symptoms, too. While correlation isn’t necessarily the same thing as causation, it quite often implies a causal link, which may only be ruled out following further investigation, rather than political denial.

The DWP has quietly carried out investigations into 60 cases where benefit claimants are said to have taken their own lives. Labour MP Diana Johnson said the figures cast doubt on claims that there is no link between suicide and welfare re-assessments, with the DWP carrying out the internal reviews over the last five years. 

Johnson said: “Ministers have repeatedly claimed there to be no link between suicide and welfare re-assessment whenever figures have come to light.

“This parliamentary answer to me blows this claim out of the water.

“If there was no link, there wouldn’t have been 60 reviews of suicides in the past five years.

“I am appalled that these figures have remained unpublished for so long.”

A written parliamentary question from the Hull North MP revealed that the DWP carried out 15 internal reviews into suicides or alleged suicides of so-called DWP “clients” in 2012/13 alone.

“Families who’ve been left in the dark need to know everything the DWP knows about these cases,” Johnson said.

“Most importantly, we need a welfare system that supports, rather than victimises, the poorest and most vulnerable in our society.”

Susan’s daughter, Hayley said: “When my brother went to mum’s flat after she died, he found 37p in her purse. Even with DLA she was living day to day, scraping by. She was found dead with the PIP refusal letter placed strategically on a dresser.

“She was a poorly woman and this ­decision tipped her over the edge – she was in a desperate situation. I feel if it wasn’t for PIP and the Tory Government, my mum would still be alive. 

“They failed her like they have failed thousands.”

Susan wrote the 11-page letter criticising the decision and outlining her circumstances but as the DWP turned down her initial appeal within six days, she did not have time to send it. 

Hayley said: “I just want Theresa May to know that her rules and regime are killing the most vulnerable people in society.

“With the election coming up, it is so vital that things change.

“I feel any vote for the Tories is going to lead to more deaths.”

 

If you are experiencing distress and feel suicidal, please don’t suffer in silence. The Samaritans have launched a free telephone national helpline number, 116 123. 

People who are going through a difficult time can access the service round the clock, every single day of the year.

This number is free to call from both landlines and mobiles, including pay-as-you-go mobiles. You do not need to have any credit or call allowance on your plan to call 116 123.

 

Related

Government guidelines for PIP assessment: a political redefinition of the word ‘objective’

Government subverts judicial process and abandons promise on mental health ‘parity of esteem’ to strip people of PIP entitlement

New discriminatory regulations for PIP come into effect today


 

I don’t make any money from my work. I am disabled because of illness and have a very limited income. The budget didn’t do me any favours at all.

But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you.

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EHRC report highlights unacceptable political discrimination against disabled people

 

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Discrimination on the grounds of disability was made illegal 20 years ago when Parliament passed the Disability Discrimination Act 1995. Further legislative progress was made with the Human Rights Act (2008) and the Equality Act (2010). So discrimination can’t happen now. Right?

Wrong.

Disabled people are not being treated as being equal with other citizens and continue to be denied the respect, dignity, opportunities, an acceptable standard of living and other acceptable outcomes that non-disabled people take for granted.

The government claim that the economy has recovered from the effects of the global recession, but that recovery is not one that is shared equally to include everyone. If the economy is doing as well as the government claims, why are disabled people still facing austerity cuts to their lifeline support, while wealthy citizens are handed out substantial tax cuts? 

In one of the wealthiest countries in the world, targeting disabled people, who are much more likely to be living in poverty than other citizens, is absolutely inexcusable. However, the neoliberal right justify their rigid small state, pro-privatisation, deregulation, mythological meritocracy, low tax, high VAT and antiwelfare ideology with folklore economics. “Paying down the debt” has become an almost farcical bare-faced and parroted Conservative lie. 

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The neoliberal small state “big society”.

The Equality and Human Rights Commission report is the most comprehensive analysis on how (or if) the rights of disabled people are observed and protected in Great Britain. The most recent report says that changes to benefit rules have had a particularly disproportionate, cumulative impact on disabled people’s right to live independently.

According to the report, titled Disability report: Being disabled in Britainwhich was published on Monday, the proportion of disabled people with no qualifications was nearly three times that of non-disabled people. (See also: Disabled students fear for their future as independence payments cut).

Fewer than half of disabled adults are in employment (47.6%), compared with almost 80% of non-disabled adults – and the gap between these groups has widened since 2010-11.

Food poverty has affected 18.4% of disabled people aged 16-64, compared with 7.5% of non-disabled people.

David Isaac, Chair of the Commission, commenting on the damning new state of the nation report into life for disabled people, said: “Whilst at face value we have travelled far, in reality disabled people are being left behind in society, their life chances remain very poor, and public attitudes have changed very little.

“This evidence can no longer be ignored. Now is the time for a new national focus on the rights of the thirteen million disabled people who live in Britain. They must have the same rights, opportunities and respect as other citizens.

“We must put the rights of disabled people at the heart of our society. We cannot, and must not, allow the next twenty years to be a repeat of the past.”

The research, which covers six key areas of life, finds that disabled people in Britain are experiencing disadvantages in all of them, and sets out vital areas for urgent improvement.

This includes: a lack of equal opportunities in education and employment; barriers to access to transport, health services and housing; the persistent and widening disability pay gap; deteriorating access to justice; and welfare “reforms” (cuts) significantly affecting the already low living standards of disabled people.

The Commission has also highlighted these issues to the United Nations, for their forthcoming examination of how the UK measures up to the international standards on the rights of disabled people (the Convention on the Rights of People with Disabilities – CRPD).

The United Nations (UN) has already determined that the UK government has systematically violated the rights of disabled people. The highly critical report, which was published in Geneva last December also concluded that the rights of disabled people to live independently, to work, and achieve an adequate standard of living have been detrimentally affected by the Conservative’s austerity programme.

The range of measures aimed at reducing public spending since 2010, including extremely controversial changes such as the bedroom tax, and cuts to disability benefits and social care budgets have disproportionately and adversely affected disabled people.

The UN’s 22-page report condemned the radical and largely unmonitored welfare cuts and benefit caps, and social care cuts introduced as a major part of the Conservative’s austerity programme – the government claimed these cuts would make the welfare system “fairer and reduce benefit fraud.” The UN found no evidence of benefit fraud or fairness.

However, the government have simply dismissed the UN’s fully evidenced report, which included the first-hand accounts of many of those disabled people affected by Conservative austerity, disability campaigners, researchers and advocacy organisations.

The Equality and Human Rights Commission report reveals:

  • In England, the proportion of children with Special Educational Needs achieving at least  5 A*-C GCSEs is three times lower than for non-disabled children (20.0% and 64.2% respectively). Disabled children are also significantly more likely to be permanently or temporarily excluded.
  • The qualification gap between disabled and non-disabled people has narrowed, but the proportion of disabled people with no qualifications was nearly three times that of non-disabled people, and the proportion of disabled people with a degree remained lower. 
  • More disabled people than non-disabled are living in poverty or are materially deprived. 
  • Social security “reforms” have had a particularly disproportionate, cumulative impact on the rights to independent living and an adequate standard of living for disabled people. Families in the UK with a disabled member are more likely to live in relative poverty than non-disabled families.
  • Across the UK, 18.4% of disabled people aged 16-64 were considered to be in food poverty compared with 7.5% of non-disabled people. Disabled people over the age of 65 were twice as likely as non-disabled people in the same age group to be in food poverty.
  • Disabled people continue to face problems in finding adequate housing, due to a shortage in accessible housing across Britain, and in Scotland the amount of wheelchair-adapted local authority housing for physically disabled people has decreased. Disabled people in Britain were also less likely to own their own home. 
  • Accessing healthcare services is problematic for disabled people, and they’re less likely to report positive experiences. Considerable shortcomings remain in all three countries in the provision of mental health services, where disabled adults are more likely to report poor mental health and wellbeing than non-disabled adults.
  • There is an urgent need for prisons to monitor and report on prisoner mental health. Prisoners are more likely to have mental health conditions compared with the general population, and 70% of prisoners who died from self-inflicted means between 2012 and 2014 had an identified mental health condition. 
  • Detentions in health and social care settings under the Mental Health Act 1983 are continuing to increase in England and Wales. The number of detentions in hospitals increased from 46,600 in 2009 to 2010 to 63,622 in 2016. 
  • Changes to legal aid in England and Wales have negatively affected disabled people’s access to justice. Across GB, there has been a 54% drop in employment tribunal claims on grounds of disability discrimination following the introduction of fees in July 2013. 
  • More disabled and non-disabled people overall are in work in Britain in 2015/16 compared to 2010/11. Despite this, less than half of disabled adults are in employment (47.6%), compared with almost 80% of non-disabled adults, and the gap between these groups has widened since 2010/11. However this is not the case across all impairment types, and for those with mental health conditions and those with physical disabilities the gap between them and non-disabled people has narrowed. 
  • The disability pay gap in Britain also continues to widen. Disabled young people (aged 16-24) and disabled women had the lowest median hourly earnings of all.

David Isaac continued: “This report should be used as a call to arms. We cannot ignore that disabled people are being left behind and that some people – in particular those with mental health conditions and learning disabilities – experience even greater barriers.

“We must have a concerted effort to deliver the changes that are desperately needed. Vital improvements are necessary to the law and policies, and services must meet the needs of disabled people.

“Britain must be a fair and inclusive society in which everyone has equal opportunities to thrive and succeed.”

The report calls on the UK, Scottish and Welsh governments to place a new national focus on disability equality, so that the rights of disabled people are fully realised and to deliver improvements in their experience and outcomes.

These include reducing the education and employment gaps for disabled people; ensuring that essential services such as housing, health and transport meet the needs of disabled people; and improve existing laws and policies to better protect and promote the rights of disabled people.

The Commission’s recent submission to the UN Committee on the Rights of Persons with Disabilities, produced jointly with the other equality and human rights commissions across the UK, also highlights the need to do more to protect the human rights of disabled people.

It contains 75 recommendations to the UK and devolved governments on how they can improve the rights disabled people enjoy across areas such as housing, transport, social care and employment. The main public examination of the UK by the UN Committee will take place in August 2017, and the Commission will work with the other UK equality and human rights commissions and disabled people and their organisations to help make the recommendations a reality.

Further to this activity, the Equality and Human Rights Commission is engaged in a range of ongoing work aimed improving the lives of disabled people, including legally enforcing the Equality Act, improving access to public services, housing and transport, analysing the impact of welfare reforms, and influencing new legislation.

In light of the cuts to Employment and Support Allowance (work-related activity group) and the recent re-writing of PIP regulations to save money for the Treasury from disabled people’s support, while at the same time the government chose to hand out tax cuts to millionaires, it is inevitable that the situation for disabled people will only get worse.

These additional cuts have happened since the UN published the report about the systematic violations of disabled people’s human rights, to which the government have responded with utter contempt.

Human rights, inclusion and equality are the bedrock of a democratic society. We know from experience over the last six years that we can not depend on this government to observe any of these prerequisite obligations. 

Andrew McDonald, Chair of disability charity, Scope, said: “It is shameful that in 2017 disabled people continue to face such high levels of inequality: at home, at school and at work. And Scope research shows too many continue to face prejudice day-in-day out. 

“But government action has been incoherent. While there have been some positive commitments, the impact of recent reductions and restrictions to benefits and inaction on social care threaten to make life harder for many disabled people. 

“We hope this report serves as a wake-up call. Urgent action is needed. If the government is serious about shaping a society that works for everyone, the Prime Minister should act now to set out a cross-departmental strategy to tackle the injustices disabled people face.”

Liz Sayce, Chief Executive of Disability Rights UK, said: “This new report makes sombre and disappointing reading, and highlights the unfairness disabled people continue to face, day in and day out.

“As a society, we say we want progress towards disabled people taking a full part in society; but instead we appear to be going backwards.  We need concrete plans from government, with outcomes measured regularly, to ensure we get back on track. We welcome the Equality and Human Rights Commission report and are keen to work with them and others to tackle discrimination.” 

Robert Meadowcroft, Chief Executive of Muscular Dystrophy UK, said: “Much of today’s report puts hard numbers on what we hear every day from people with muscle-wasting conditions about the extreme difficulties in finding a job, a safe place to live and accessing the opportunities many of us take for granted. 

“The government has to respond positively and urgently to the severity of today’s findings, not least in calling a halt to the damaging aspects of benefits reforms, but they are not the only people responsible for making society accessible to all. 

“Employers can be more proactive about making their workplaces and their recruitment policies more open to disabled people. Local councillors can increase their accessible housing targets. And we can collectively check our own attitudes to make sure that the Equality and Human Rights Commission has better news to report in 20 years’ time. This alarming report is a wake-up call that needs to be heard.” 

Let’s not pussyfoot around the deliberate socioeconomic exclusion of disabled people. It’s absolutely unacceptable that in a very wealthy so-called democratic state, disabled people still face so many disadvantages as a direct consequence of discriminatory government policies, across so many different areas of their lives compared to non-disabled people.  

The Conservative’s policies since 2012 that have doggedly aimed at cutting disabled people’s support have been preempted by an outgrouping rhetoric and an all-pervasive political scapegoating media campaign designed, to stir up resentment and desensitise the public to the consequences of policies which discriminate against disabled people. Such actions are a damning indictment of the political intention behind those policies. 

We now have a social security system that is the stuff of dystopian novels about totalitarian bureaucracy. Rather than providing support, welfare has been redesigned by the Conservatives to focus on compliance with unreasonable “behavioural” conditionality (which assumes that poverty is a “lifestyle choice, as opposed to the inevitable consequence of neoliberalism and policies which serve to engineer growing social inequality) and extremely punitive sanctions, rather than supporting people back into appropriate work. 

Stopping or threatening to stop someone’s lifeline support when they are too unwell to work is unforgivably cruel, inappropriate and completely ineffective at helping anyone into employment.

In fact, we know that sanctions will make it almost impossible for someone to find employment. Withdrawing lifefline support as a punishment is likely to create desperation and absolute poverty. The impact of poverty is greater, and often devastating on those people who are ill and disabled. If people cannot meet their basic living needs, they cannot possibly meet higher level psychosocial ones. 

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Sanctions cause unacceptable harm to people who are disabled and ill, and sometimes, sanctions kill people

It is not acceptable that a government in the UK continues to formulate regressive and punitive policies aimed at cutting support for disabled people, which create vulnerability, loss of independence and dignity, distress, psychological and physical damage, and is putting people’s lives at risk.

It is shameful and it needs to be halted.

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I don’t make any money from my work and I am not funded. I am disabled because of illness and struggle to get by. But you can help me continue to research and write informative, insightful and independent articles, and to provide support to others, by making a donation. The smallest amount is much appreciated – thank you.

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Cystic fibrosis sufferer refused PIP – the Conservative bureaucratic wall and systematic dismantling of social security

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A disabled person suffering from cystic fibrosis, who struggles breathing because his lungs function at as low as 31 per cent capacity, has been told that benefits he receives in order to help pay with his healthcare costs will be stopped.

Peter Trengove nearly died three days after he was born because of the illness, which makes it difficult for sufferers to breathe and digest food.

Cystic fibrosis also claimed the life of Peter’s older brother when he was just six years old.

Peter had been in receipt of disability living allowance (DLA) in order to help to pay care costs, but DLA is currently being replaced by personal independence payments (PIP) as the Department for Work and Pensions (DWP) believes it is “outdated” and “unsustainable”.

Peter received notice on New Year’s Eve that he would have to attend an assessment as part of his PIP application, with forms on how cystic fibrosis affects his day-to-day life taking three hours to fill out.

On Saturday, Peter was informed that his DLA will end next month and that he will not be awarded PIP.

He told the Warrington Guardian: “According to the unqualified professionals at the DWP, cystic fibrosis isn’t a disability and has no effect on the sufferer at all.

“I was informed by the assessor that the decision would not be based on the assessment but on the written evidence given by my consultant – this was something I was relieved about because the assessor saw me on a good day.

“The decision cannot be based on one hour spent with a cystic fibrosis patient, which is why the decision makers should be focussing more on the evidence given by the consultant.

“The assessor claimed I can walk 200m – however no physical evidence was given that I can do this and the assumption was made based on me walking from the waiting room to the assessor’s office, which is less than 5m.”

Peter believes his assessor also disregarded evidence presented from his doctors, including medical notes on a chest infection in October that took three months to treat and a further month to recover from.

Peter had used his DLA for health costs including prescriptions, travel to specialists clinics a 40-mile round trip away and the cost of a personal trainer who helps to keep his lungs working as well as possible.

He is now appealing the decision, but says his health has been affected by the PIP assessment process and the subsequent cut in payments.

Peter added: “Since the assessment I’ve had bad days, which mainly includes not leaving my house unless I really have to in fear of exposure to illness, plus I’ve had no motivation.

People with cystic fibrosis are very prone to chest infections that lead to pneumonia. Catching a cold can put someone with this condition at substantial risk of becoming very seriously ill.

He continued: “I even have to force myself to get ready to go to the gym because I know I’ll basically become ill again if I don’t go.

“Whether I will be motivated tomorrow with the weight of my PIP application outcome lying heavy on my shoulders is a question yet to be answered.

“The only hope I have at present is that by appealing the decision, this will result in the answer I had hoped for on this occasion.”

As Peter points out, the assessment and appeal process for disability related support is very stressful and intrusive, as is the loss of income when the claim is turned down. Stress tends to exacerbate illness.

A spokesman for the DWP said: “Decisions for PIP are made following consideration of all the information provided by the claimant, including supporting evidence from their GP or medical specialist.

Anyone that disagrees with a decision can ask us to look at it again and if they’re still unhappy with it they can appeal to an independent tribunal.”

When someone is very ill, dealing with day to day living and personal care becomes very difficult. The additional strain of facing a bureaucratic wall of assessments, mandatory reviews and tribunals is having adverse consequences on people who have health vulnerabilities as it is.  

I have been through assessment, tribunal and within three months of winning my appeal, a reassessment. The whole process, which took many months, exacerbated my illness substantially, hastening its progression. I have lupus. I also know only too well how having a limited lung capacity impacts on your day to day living, as mine is currently at 40%. 

The Conservatives claim that their recent authoritarian re-writing of the law, to exclude some categories of support for some kinds of disability, is to ensure that those in “most need” receive support. That is not happening. The category of “most in need” is being redefined to exclude more and more people who are struggling meet their basic living needs and cope with their disability. 

Perversely, the government claims that cutting disability support “incentivises” disabled people into work. Sanctions and cuts are described by Conservative ministers as “help” and “support” – a breathtakingly Orwellian doublespeak tactic.

Yet ESA benefit is only awarded to people that doctors and assessors acting on behalf of the state have deemed unfit for work. The recent re-titling of the minister for disabled people’s role to “Minister for disabled people, health and work indicates plainly that the government intends to continue to coerce people who have previously been exempted from work by both the state and by people’s doctors into work. 

The government have refused to accept that there is a well established correlation between their draconian cuts to disability support and severe psychological distress, material hardship, harm and sometimes, premature death

The commonly associated deterioration in people’s already poor health because of the unrelenting strain of facing the bureacratic wall – politically designed to ensure and enforce cuts to disabled people’s lifeline support provision and save costs on spending – is adding additional strain and cost to our NHS. It’s a false economy. As people’s health deteriorates further, they are more likely to need more social care support, too.

The majority of people who become ill and disabled have worked, contributed tax and national insurance, which was in part meant to contribute to social safety nets for people who may, through no fault of their own, face hardships because they became ill or had an accident which resulting in disability.  

The money we pay for publicly funded provisions and services is not the government’s money to cut and re-allocate to millionaires in the form of substantial tax cuts. Against the backdrop of the Conservative ideologically driven, neoliberal austerity programme, which disproportionately targeted disabled people, cuts to lifeline benefits were offset with a tax cut for millionaires, who gained £107, 000 each per year. 

Disabled people who are struggling to meet the cost of their basic survival needs are awarded on average £6,000 per year, excluding a PIP award, if they somehow manage to get through the repressive bureaucratic wall composed of the work capability assessment, mandatory review, (without any income), and the appeal process.

This is what David Cameron meant when he attacked what he dubbed a “culture of entitlement.” It means the systematic dismantling of our welfare state, a cut at a time. It means the dismantling of other social gains that we made following the postwar settlement, such as the NHS, social housing and legal aid. It means a regressive and oppressive government that deliberately fails to observe the basic human rights of some of our most vulnerable citizens.

In one of the wealthiest so-called democracies in the world, we have an authoritarian government that is imposed draconian policies which are all about punishment and taking money from our poorest citizens, causing them severe material hardship, physical harm and lasting psychological damage.

That is not a decent, civilised or remotely democratic thing to do.

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I don’t make any money from my work. I am disabled because of illness and have a very limited income. Successive Conservative chancellors have left me in increasing poverty. But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you. 

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Successful Appeals Against Disability Assessments – It’s As If There’s Something Wrong With The System

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Source: the Independent, written by James Moor.

It’s rapidly becoming clear that Prime Minister Theresa May’s bold pledge to create a Britain that works for everyone should have an asterisk attached to facilitate the addition of “except for those pesky people with disabilities, can’t we pack them off somewhere else?”

In recent days the Government’s plan to cut people with serious mental health conditions out of eligibility for personal independent payments has justifiably come under sustained fire. 

However, the attitude problem displayed by both May’s administration, and that of her predecessor David Cameron, goes beyond that, as a delve into the latest statistics demonstrates.

What they show is that the number of appeals against decisions made by the DWP on the basis of assessments made by the private, profit driven contractors working on its behalf is increasing at a similar speed to that at which Lewis Hamilton exits Silverstone corners. 

They show that there were 60,600 Social Security & Child Support appeals between October and December 2016, an increase of 47 per cent. Even Lewis might think twice about acceleration like that. 

Some 85 per cent of those appeals were accounted for by the Personal Independence Payment (PIP) and the Employment & Support Allowance (ESA).

The rate at which the decisions made by the DWP on the basis of information supplied by the Government’s contractors – Capita and Atos – are overturned is also increasing. 

People started taking notice when it was running at 50 per cent. Now close to two thirds of appeals in the case of the PIP (65 per cent) are successful. The figure is higher still when it comes to ESA (68 per cent). 

I’m given to understand that the people who sit on tribunals have been asked to keep June clear, in an attempt to reduce a growing backlog. So forget about an early summer holiday. 

Needless to say, these people have to be paid, which puts extra cost into the system at a time when the Government says it’s trying to save money. 

Simply applying for either benefit causes a great deal of stress to people with disabilities. Having to go to appeal only exacerbates that. Applicants find themselves in the middle of a process that is humiliating and dehumanising.

That process also seems to throw up scandals with alarming regularity. Channel Four, for example, infamously filmed a Capita assessor saying a claimant had a “disability known as being fat”. Another claimed to have filled out forms before even seeing clients amid pressure to get as many done as quickly as possible. 

Other scandals have involved people with weeks or months to live being told they’re fit for work in the case of ESA, which is paid to people whose fitness to do so is impacted by medical conditions and disabilities. 

Set against that backdrop, is it any wonder that there has been so much criticism of the process, and so many successful appeals? 

If the assessment process worked effectively, and as it should, the number should be limited, and you wouldn’t expect such a large majority to be successful.

Ken Butler, welfare rights advisor at Disability Rights UK, says he is “very worried for all those disabled people who get turned down for benefits and don’t have the time or energy to challenge poor decisions made by the Department for Work and Pensions (DWP)”. 

He adds: “We’d advise all claimants to get benefits advice and, if they are turned down, to use the independent appeals process.”

Butler says that the high success rate of appeals clearly demonstrates that there is something wrong with the system. 

Unless, of course, the system, also savagely criticised by the United Nations, was deliberately set up to be this way. 

Before you suggest that is me indulging in a conspiracy theory, take a moment to think about this. If you make something difficult, stressful and painful, if you litter it with traps, and take the view that everyone getting involved in it is a dirty scrounger until proven otherwise, a lot of people will get put off and won’t apply. Still more won’t appeal when turned down, saving the Government money it can use for things like millionaires tax cuts. 

Dealing with a disability presents enough of a challenge as it is, without having to get to grips with a state that operates in a manner that would have impressed some of George Orwell’s darker characters. Would anyone be terribly surprised to find O’Brien working as a civil servant in the DWP?

The cynicism on display is breathtaking, if my assessment is correct. Alternatively, the situation I’ve discussed could simply have been created by a toxic mix of bureaucratic callousness and incompetence. 

The net effect is the same regardless, which is why there will be peals of bitter laughter emanating from Britain’s disabled community every time those words of Theresa May’s are trotted out. 

You’d be able to hear them if it weren’t for the fact that so many people with disabilities are now trapped in their own homes.