Tag: Jamie Hacker Hughes

British Psychological Society and charity consortium campaign for reform of WCA gains momentum

rich keep millons
I reported previously that the British Psychological Society (BPS) have called for the reform of the highly controversial Work Capability Assessment.

The BPS have cited a growing body of evidence that seriously ill people are being inappropriately subjected to the Work Capability Assessment (WCA). Psychologists also argue that the WCA does not effectively measure fitness for work and that its application is producing inappropriate outcomes for claimants.

The Society’s call for reform has gained momentum, with more than  20,000 people signing a petition to the Department for Work and Pensions (DWP) and representatives of the charities Mind, the National Autistic Society and Rethink Mental Illness delivered the petition on Thursday, 5 November.

The highly problematic WCA is used to determine whether someone applying for employment and support allowance is “fit for work.” The charities say flaws in the test are causing a great deal of stress and anxiety. In some cases people are being wrongly assessed as fit for work, which can have devastating financial and personal consequences.”

Professor Jamie Hacker Hughes, President of the British Psychological Society, said:

“The Society has repeatedly asked for a meeting with ministers at the DWP so that we can express our concerns over the WCA – so far without success. We are particularly concerned that the government’s benefits policy may misuse psychological tools and techniques. We want to ensure policies are informed by appropriate psychological, theoretical and practical evidence.”

The Society published a briefing paper in June.

A Judicial Review of the WCA was instigated by two anonymous claimants with mental health problems, who were represented by the Public Law Project.

In May 2013 the Upper Tribunal made an “interim” judgment that the WCA puts people with mental health problems, learning disabilities and autism at a “substantial disadvantage”. It was a landmark ruling.

The Tribunal panel ruled that the DWP had failed to make reasonable adjustments, according to the Equality Act, to ensure people with mental health problems were treated fairly by the system. This failure meant such claimants were placed at a substantial disadvantage.

Directors of the three charities, Mind, the National Autistic Society and Rethink Mental Illness, all backed the case and welcomed the judgment, calling on the government to stop assessing people’s fitness for work under the current system until the issue was resolved.

The DWP immediately appealed against the judgment, stating there was no intention of halting the WCA process, but in December 2013 the Court of Appeal upheld the Upper Tribunal’s interim ruling.

The Tribunal held further Hearings in 2014, which were focused on whether or not there is a “reasonable” adjustment that the DWP should have put in place.

The Upper Tribunal confirmed its earlier ruling that the WCA puts people with mental health problems, learning disabilities and autism at a “substantial disadvantage”. However, it did not find, at this point,  that the claimants had been personally discriminated against.

As a result, the court said it could not compel the DWP to trial changes to the WCA. They also said that they did not have enough information to determine whether or not there is a reasonable adjustment which could be put in place for people with mental health problems.

However, the court said that there still may be reasonable adjustments that the DWP can make to the WCA, and has encouraged the DWP to trial changes “as soon as possible”.

Paul Jenkins, CEO of Rethink Mental Illness, said:

“This ruling proves once and for all that this cruel and unfair process is unlawful. The judges have independently confirmed what our members have been saying for years – the system is discriminating against some of the most ill and vulnerable people in our society, the very people it is meant to support.

The work capability assessment process is deeply unfair for people with a mental illness – it’s like asking someone in a wheelchair to walk to the assessment centre.”

Professor Malcom Harrington’s first review – published in back in November 2010 – had previously criticised the way the WCA process failed to properly account for and accommodate people that have chronic illnesses with fluctuating symptoms and people with mental health problems, and he recommended changes, including placing mental health experts in all test centres.

His recommendations have not been implemented.

Pictures courtesy of Robert Livingstone

Government refuses to review the negative impact of sanctions on people with mental illness

Illustration by Jack Hudson.

The increased use and rising severity of benefit sanctions became an integrated part of welfare “conditionality” in 2012. Sanctions are based on the behavioural theory called “loss aversion,” which is borrowed from economics and decision theory. Loss aversion refers to the idea that people’s tendency is to strongly prefer avoiding losses to acquiring gains. The idea is embedded in the use of sanctions to “nudge” people towards “changing their behaviours,” by using a threat of punitive loss, since the underpinning assumption is that people are unemployed because of personal behavioural deficits and making “wrong decisions,” rather than because of socio-economic conditions and political policy decisions.

However, a wealth of evidence has demonstrated that sanctioning does not help clients into work; indeed, it is more likely to make it much harder to get a job. Furthermore, sanctions are often applied in an arbitrary manner, without due regard to proportionality, rationality or for the health and wellbeing of people claiming benefits.

The Government is facing renewed calls for an independent review to examine its controversial benefit sanctions policy and to ensure vulnerable people are protected. However, Department of Work and Pensions minister, Priti Patel, has refused to examine the effect of its  sanctions regime on the mental health of people who are affected by it.

MPs used a question session in the Commons to raise concerns over the impact of benefit sanctions on the mental health of claimants.

Employment minister, Patel, said any analysis of the temporary benefit cuts’ effects would be “misleading” in isolation and that their effect should therefore not be examined.

“There are many factors affecting an individual’s mental health. To assess the effect of sanctions in isolation of all other factors would be misleading,” she told MPs at a Work and Pensions Questions session in the House of Commons.

She also claimed that there was no evidence that sanctions particularly affected people with mental health problems – a claim contrary to the results of independent research.

More than 100 people with mental health issues have their benefits sanctioned every day, according to figures released earlier this year.

The government’s refusal to engage with criticism of the sanction system’s effect on mental health comes after the highly critical study by the charity Mind.

83 per cent of Work Programme participants with mental health issues surveyed by Mind said the scheme’s “support” had made their mental health problems worse of much worse.

Jobseekers are to be given 14 days’ notice before facing benefit sanctions under a new scheme being trialled next year by the Department for Work and Pensions (DWP).

But the government were questioned why they are waiting until next year to trial this idea.

Eilidh Whiteford, the SNP’s social justice and welfare spokeswoman, told Ms Patel: “The so-called yellow pilot scheme is actually an admission by the Government that the sanctions regime isn’t working at the present time, and it’s particularly badly failing people with serious mental illnesses.

“Why is the Government waiting until next year to bring in this pilot scheme, and in the meantime will they please just stop sanctioning people who are seriously ill?”

Ms Patel said she would “respectfully disagree” with Ms Whiteford, adding: “Claimants are only asked to meet reasonable requirements taking into account their circumstances and I think, as you will find with the pilots as they are under way, that again this is about how we can integrate support for claimants and importantly provide them with the support and the guidance to help them get back to work.”

Ms Whiteford insisted the reality is people with mental health problems are being “disproportionately sanctioned”, adding that has been clear for “some time”.

Ms Patel replied: “For a start, the Government has been listening and we have responded to the Work and Pensions Select Committee, hence the reason we will be trialling and piloting the new scheme.”

She reiterated staff in jobcentres are trained to support claimants with mental health conditions, adding: “There is no evidence to suggest mental health claimants are being sanctioned more than anybody else.”

Shadow work and pensions minister Debbie Abrahams told Ms Patel: “You may have inadvertently slipped up there.

“There is clear evidence from last year that 58% of people with mental health conditions on the Employment Support Allowance work-related activity group were sanctioned.

“Obviously that’s over half and that’s the equivalent to 105,000 people – 83% in a Mind survey say that their health condition was made worse as a result of this.”

Data released by the mental health charity Mind recently revealed the scale of sanctions imposed on people with mental health problems being supported by out-of-work disability benefits.

Obtained by the charity under the Freedom of Information Act, the figures show that there were up to three times more benefit sanctions issued by the Department for Work and Pensions (DWP) to people with mental health problems last year than there were people “supported” into work.

There were almost 20,000 benefits sanctions received by people who were out of work because of their mental health last year, while only 6340 of this group were successfully supported into a job during the same period.

Professor Jamie Hacker Hughes, President of the British Psychological Society, said:

“Today’s news, from a Freedom of Information request made by the mental health charity Mind, shows that three times as many people are subject to benefit sanctions as those who have been supported back into work.”

“We in the British Psychological Society have become increasingly concerned about benefit sanctions and a number of other issues concerning the psychological welfare of those on benefits.

“We have repeatedly sought a meeting with the Secretary of State and his team and now repeat that request so that his Department may become aware of the most up-to-date psychological research and opinion on these issues.

“There are approximately 250,000 people receiving the benefit Employment and Support Allowance who need this support primarily because of their mental health. People can be sanctioned – have their benefits cut – if they fail to participate in work-related activity, including missing appointments or being late for meetings or CV writing workshops.

“However, many people with mental health problems find it difficult to participate in these activities due to the nature of their health problem and the types of activities they’re asked to do, which are often inappropriate.”

The government has a duty to monitor the impact of its policies, and to make the results public. Sanctions are founded on theory and experimental behavioural science, which adds a further dimension of legitimacy to calls for a review into the impacts of sanctions on people.

This post was written for Welfare Weekly, which is a socially responsible and ethical news provider, specialising in social welfare related news and opinion.