By Nathan Akehurst and Amy Dunne
Whilst the Olympic opening ceremony, quite fairly, glorified our National Health Service, it is nonetheless worth remembering the real state of affairs for a significant number of Britain’s sick. In April of this year, around 3400 people in Oxford and 10,000 in the county of Oxfordshire were subsisting on Incapacity Benefit (the allowance for those physically unable to work, which ranges within the modest bounds of £88-£105 weekly. Of that number, roughly two in three were told they were fit to engage in some sort of work. Employment Minister Chris Grayling would hail the figures, calling the current system ‘a waste of human life’- supremely ironic given that an average of thirty-two people nationally died every week after failing the new incapacity benefit tests in 2011. Between January and August 2011, 1,100 claimants in the ‘work-related activity group’ alone died. Clearly, mistakes are being made (and have been made since New Labour let the likes of assessors Atos Healthcare loose on the disabled community). In Oxfordshire, when the cases finally reach a full appeal, around nine out of ten benefit removals have been rejected. Nationally, the figure is 40% (hitting 70% when advocacy groups are representing the claimants.)
The question then remains, why on earth do Atos continue to be able to handle vulnerable people, with a failure rate of almost forty per cent? Why do Atos assessors have to complete courses in disability healthcare a mere eight or seventeen days long, and are not required to have any prior experience in that field? What’s more, they are actively encouraged by government to aggressively remove people from the benefits system, along with a program of direct assaults from the state. Their tests are based on ticking boxes (a frequent complaint is the refusal of assessors to make eye contact with claimants) that distil complex issues into black and white statements, and the experience even for those who do not lose the money they subsist on is degrading and disablist. For instance, the Department of Work and Pensions are appealing against a court ruling which stated (from the June edition of Inside Housing) that ‘The Housing Benefit Regulations 2006, which restrict housing benefit for private renters according to property size, were found to be discriminatory because they do not allow benefit for an extra room where two children cannot share because of disabilities.’ In short, they are defying the courts for the right to make vulnerable people homeless.
In April, I was involved in a flash occupation of the Atos assessment centre on St Aldate’s in Oxford. Despite making every effort possible to minimise distress to those undergoing Atos’ draconian ‘assessments’, the administrator there had the gall to accuse us of potentially causing harm to the disabled people in the office- as if that is not what their organisation exists to do. Extensive criticism of the role of assessors has originated from the medical community, with doctors claiming (quite correctly) that the position is one incompatible with the medical duty of prioritising the patient. Meanwhile Atos made £102m in profit in the first half of 2012, and their poor decisions turned over at appeal, leaving aside physical distress to patients, has cost the British taxpayer £60m. Yet statistics and the national picture, whilst gritty and relevant, somewhat obscure the personal stories, and the impact they have on real people. Thus I present the story of one victim of Atos, told by the patient’s niece (Amy, a nineteen-year old woman due to start at Ruskin College in Oxford in 2012.)
“I’m going to begin this story with a question. There’s a person with severe dyscalculia, dyslexia, cerebral palsy, arthritis and a club foot: what job could this person possibly do? Neither manual labour nor service or administration work would be viable. I came to the conclusion that there were absolutely no jobs available that could be suited to her- however, this is not what that Atos decided at their assessment.
After the examination to assess her claim, Atos declared my aunt perfectly fit for work, despite the fact she can’t count, read, write and can barely look after herself without support. She was informed that if she had not found a job within the next year, her Incapacity Benefit would be stopped and she would be forced to go on Jobseeker’s Allowance (starting at £55/wk) or be put on a ‘welfare-to-work’ course- the courses have been next to useless thus far. In any case, because my aunt was in no fit state to even understand how to challenge this decision, she would have been forced to accept it- she was only able to make the challenge because unlike others, she had supportive family members willing to fight the case.
When she told my father that her claim had been revoked, he immediately wrote to the Atos headquarters in Belfast to explain that his sister wished to appeal against her placement in the ‘working group’ –as it was called –and that she was indeed completely unfit to work. However, within six days of the letter being sent, a response from Atos came through saying that her appeal had failed. Whilst processing thousands of decisions, and taking into account mail from London to Belfast, this seems a ludicrously small amount of time (the subsequent tribunal wait took six months) and casts doubt upon whether the case was even read by Atos.) It fell upon her brother and sister to appeal through the courts and the case came to tribunal. During this time, she was expected to collect large amounts of evidence to prove she was indeed unfit to work, and this involved calling the relevant clinics at the relevant hospitals, a letter from her GP and numerous reports on her health and wellbeing from specialists. How, in her condition –a woman who cannot even spell her own niece’s name –is she expected to achieve all this when she can barely look after herself? The answer is, if she did not have the support of her brother and sister who were willing to take time out of their own busy lives and dedicate the time to making sure their sister had the relevant information to challenge this disgusting claim that she was perfectly fit to work from Atos, then she would be languishing on an insecure and tiny Jobseeker’s Allowance right now. During the time between the failure of the appeal to Atos and the tribunal, the mere stress of it caused my aunt to develop alopecia (symptoms include extreme hair loss). Perhaps due to the restructuring of the NHS under Lansley, the medical reports took some time to come through. Meanwhile my father had to dedicate considerable time going through the bureaucracy of chasing them up (since he wasn’t the claimant, stringent approvals and checks were involved, despite the fact my aunt had given express permission for her brother and sister to talk about her medical conditions on her behalf). Within a few hours of the deadline, the GP still had not written a letter backing up the claim that she was indeed entitled to incapacity benefits, and the letter had to be hand delivered to the court by my dad on his way to work.
The judge and attending physician at the tribunal was apparently fairly convinced that the Atos ruling was incorrect even before proceedings had begun, but they were nonetheless obliged to question my aunt, her twin and my dad in order to make sure they were right. Her responses during the tribunal made her unfitness to work patently clear –when asked a question, she answered what would seem to be a completely different question, and my dad and other aunt had to take over. My aunt was acquitted, and allowed the maximum period (24 months) on Incapacity Benefit before reassessment (six months of stress, illness, time-wasting and taxpayers’-money wasting later).”
It is shocking as a society to think that ordeals like this not only happen, but are a regular occurrence, and indeed even one of the milder ones. It compares (in 2011) 5,300 deaths of people who were put in the “support group” – which accounts for 22% of claimants – for the most unwell, who get the full, no-strings benefit of up to £99.85 a week. 1,600 people died before the completion of their assessment. Meanwhile repeated delays have led to claims the system is in “meltdown”, and in the largest twist of horrible irony, Atos are sponsors of the Paralympic Games. In 2010, Atos’ boss drew a salary of £800,000. This is nothing short of profiting from misery. The scandal of Atos, and the criminality of other firms which the government has outsourced welfare claimants to, has been allowed to exist not by chance but by the long-running structural demonization of benefit claimants. Decades of slander from the tabloids and politicians in all the main parties has led to the impoverished and disabled being stripped of their humanity, and led to a climate in which the behaviour of Atos’ assessors has become the mundane and commonplace. Britain should be thoroughly ashamed of itself.
Image credit: Socialist Worker
© 2012, ↑ The Oxford Student
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joan thomas
12/08/2012 at 00:26
people should be encouraged to record interviews by this company
Jim
14/08/2012 at 22:12
I agree Joan. Here is a template letter for getting Atos to record your medical.
Dear Sir or Madam,
Name:
National insurance number:
Re: having my assessment recorded
I wish to have my work capability face-to-face assessment recorded and I understand that this will be done by Atos using dual recording facilities and at no cost to me, as has repeatedly been stated by the minister of state for employment, Chris Grayling. If recording facilities are not available on the date of my assessment, I wish to have it postponed until they are.
Right to a recording
In a debate on the work capability assessment on 1 February 2012, Grayling told MPs that:
“On audio recording, we will offer everyone who wants it the opportunity to have their session recorded.” (Hansard citation: HC Deb, 1 February 2012, c291WH)
http://www.publications.parliament.uk/pa/cm201212/cmhansrd/cm120201/halltext/120201h0001.htm#12020157000270
On 17 July 2012, in reply to a written question by Frank Field MP, Grayling stated that:
“As part of this process we are also reviewing Atos capacity to provide recordings for those claimants who currently request one. Additional machines have been ordered. However a large scale purchase of machines in the absence of an evaluation of the process is not effective use of public money. Although there have been increases in requests these still represent only a small percentage of overall work capability assessments.
“In the meantime, while Atos will do all that they can to accommodate requests for audio recording there may be times when the service cannot be offered, for example where it has not be possible to get access to recording equipment on the date/time of the WCA. In these circumstances clients will be told in advance that their request cannot be accommodated and offered a later date.”
(Hansard citation: HC Deb, 17 July 2012, c783W)
http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm120717/text/120717w0007.htm#12071870026688
If recording facilities are not available
If recording facilities are not available on the date of my face-to-face assessment, I wish, to be offered a later date rather than be obliged to attend an assessment which is not recorded, as the minister has said is my right.
I understand, however, that on a number of recent occasions Atos staff have claimed that following revised instructions from the DWP they will no longer cancel appointments if it transpires that recording equipment is not available, in spite of a proper request having been made.
Complaint to my MP
I wish to make it clear that, should you seek to oblige me to attend an assessment without recording facilities I will immediately make a formal complaint to my MP and ask them to urgently ask the minister whether the statement he made to MPs on 12 July was truthful and, if so, why it is not being followed by the DWP and Atos.
Right to written details of conditions
If you seek to oblige me to attend a face-to-face assessment at which recording facilities are not available I wish to be provided with copies of any instructions or guidance issued by the DWP to Atos as to when they are permitted to decline to meet a request for an assessment to be recorded.
In Upper Tribunal Case No. CIB/3117/2008, which concerned a claimant who refused to attend a medical unless he was permitted to record it, the upper tribunal judge held that:
“It has not been established that the appellant failed to show ‘good cause’ for failing to submit himself for a medical examination on 22 October 2007.”
The tribunal judge went on to instruct that:
“The Secretary of State shall ask Medical Services to arrange for the appellant to be provided with details, in writing, of the conditions under which an interview or examination may be tape-recorded;
“The Secretary of State shall ask Medical Services to offer the appellant a further appointment for a medical examination.”
Should these written details not be provided to me I will seek legal advice as to whether I may have good cause to refuse to attend a medical. I shall also seek advice on whether I have grounds to seek compensation should I suffer financial hardship or emotional distress as a result of failure by the DWP or Atos to follow their own proper procedures, legal rulings or ministerial undertakings.
Reasonable adjustments
In some instances, such as where a claimant has difficulties with concentration caused by physical pain, fatigue or a mental health condition, it may be a reasonable adjustment under the Equality Act 2010 for the claimant to have the assessment recorded because they will be unable to take notes or properly recall what was said at the assessment.
Should you refuse to allow me to have my medical recorded I will seek legal advice as to whether I can take action against Atos or the DWP for breach of the Equality Act. As a preliminary to that action I shall seek evidence of whether reasonable adjustments were considered in my case, such as inviting me to use my own recording device or postponing the assessment until a departmental device was available.
Appeal hearing
Should I be unhappy with the decision in relation to my capacity for work I will appeal the decision and ask the tribunal to make a finding as to whether the failure of the DWP and Atos to follow their own guidelines in relation to recording medicals should be taken into account when assessing the reliability of the Atos medical report.
This letter is sent without prejudice as to any other legal remedies I may seek if I am refused the opportunity to have my assessment recorded.
Yours faithfully,
Anonymous
26/08/2012 at 13:14
Yep,bring on recorded interviews…then we can all hear what lying toads half the ‘disabled’ people interviewed really are!
Gillian Rowles
12/09/2012 at 15:35
I think this Atos Healthcare are using bullying tactics. They rang up my son on a saturday morning and told him over the phone that if he did not fill in his form or attend a medical he could have his money stopped. What a violation of his privacy. He is partially sighted, has sufferered neurological problems since an accident in his teens and is suffering from OCD. All these things are documented in assessments from hosputals and doctors. He recently had a corneal transplant and does not need bullying in his own home. This is disgusting considering all the money that is going to other countries in aid and we are not prepared to help our own. This scheme started under the New Labour administration and is being continued by this Government.
brian peacock
16/10/2012 at 19:09
I am suffering the trauma of this dictatorships ‘covert eugenics’ programme.I feel I am not exaggerating when I say to the country ‘look at 1930′s Germany;we are very near mark my words.the only difference was Hitler made no attempt to disguise the fact he wanted the aged,the frail,the crippled and the mentally ill put to death.
steve
04/12/2012 at 15:21
I believe you are right.The jack boots and swastika’s are just around the corner.I recently attended an atos so called medical.It was more like an interogation.how long can this be allowed to continue? are we heading for national socialist britain or is it already here!