Tag Archives: “duty of care”

By their own standards, Coalition ministers should be in prison

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Everyone should agree that the Tory fuss over former Co-op Bank chief Paul Flowers is an attempt to distract us all from a more serious transgression that they themselves have committed.

Flowers, who is also a former Labour councillor, was arrested last week after being filmed allegedly handing over money to pay for cocaine.

The Conservatives have spent the last few days working very hard to establish a link, in the public consciousness, between the criminal allegations against Flowers, the Co-op Bank’s current financial embarrassment – believed to have been caused because Flowers knew nothing about banking, and the Labour Party, which has benefited from loans and a £50,000 donation to the office of Ed Balls.

This is unwise, considering a current Tory peer, Viscount Matt Ridley, was chairman of Northern Rock at the time it experienced the first run on a British bank in 150 years. He was as well-qualified to chair that bank as Paul Flowers was to chair the Co-op. A writer and journalist, his only claim on the role was that his father was the previous chairman (apparently the chairmanship of Northern Rock was a hereditary position).

Ridley was accepted as a Tory peer after the disaster took place (a fact which, itself, casts light on Conservative claims that they were going to be tough on bankers after the banker-engineered collapse of the western economies that started on his watch). The Conservatives are currently obsessing about what happened between Flowers and the Labour Party before the allegations of criminality were made.

Ridley is listed as having failed in his duty of care, which is not very far away from the kind of responsibility for the Co-op Bank’s collapse that is alleged of Paul Flowers. (Source: BBC Any Questions, November 22, 2013)

In addition, the Co-op Bank is not the Co-operative Party or the Co-operative Movement, and those two organisations – one of which is affiliated with the Labour Party – must not be tarred with the same brush.

The Tories are hoping that the public will accept what they are told, rather than digging a little deeper for the facts.

There’s no real basis for their venom; they ennobled a man who presided over much worse damage to the UK’s financial institutions, and attracting attention to criminal behaviour by members or supporters of political parties would be a huge own-goal.

Therefore this is a distraction. From what?

Cast about a little and we discover that Jeremy Hunt is threatening to create a new criminal offence for doctors, nurses and NHS managers if they are found to have wilfully neglected or mistreated patients – carrying a penalty of up to five years in jail.

The law was recommended in the summer by Professor Don Berwick, a former adviser to Barack Obama, who recommended criminal penalties for “leaders who have acted wilfully, recklessly, or with a ‘couldn’t care less’ attitude and whose behaviour causes avoidable death or serious harm”.

Some of you may be delighted by this move, in the wake of the Mid Staffs scandal – even though questions have been raised over the accuracy of the evidence in that case.

But let’s look at another controversial area of government – that of social security benefits for the seriously ill.

It appears the Department for Work and Pensions, under Iain Duncan Smith, is planning to remove financial support for more than half a million people who – by its own standards – are too ill to seek, or hold, employment.

Apparently Smith wants to disband the Work-Related Activity Group (WRAG) of Employment and Support Allowance (ESA) claimants, because they aren’t coming off-benefit fast enough to meet his targets.

The Observer‘s report makes it clear that the arguments are all about money, rather than patient care. Smith is concerned that “only half of WRAG claimants are coming off-benefit within three years, and hundreds of millions of pounds are being tied up in administration of the benefit, including work capability assessments and the appeals process”.

No mention is made of the fact, revealed more than a year ago, that many of those in the WRAG in fact belong in the Support Group for ESA (the group for people recognised to have long-term conditions that are not likely to go away within the year afforded to WRAG members). They have been put in the WRAG because targets set by Smith mean only around one-eighth of claimants are put into the Support Group.

The knock-on effect is that many claimants appeal against DWP decisions. This has not only caused deep embarrassment for Smith and his officials, but added millions of pounds to their outgoings – in benefit payments and tribunal costs.

Not only that, but – and this is the big “but” – it is known that many thousands of ESA claimants have suffered increased health problems as a result of the anxiety and stress placed on them by the oppressive process forced upon them by Iain Duncan Smith.

This means that between January and November 2011, we know 3,500 people in the WRAG died prematurely. This cannot be disputed by the DWP because its claim is that everyone in the WRAG is expected to become well enough to work within a year.

These are not the only ESA claimants to have died during that period; a further 7,100 in the Support Group also lost their lives but are not used in these figures because they had serious conditions which were acknowledged by the government and were getting the maximum benefit allowed by the law.

What about the people who were refused benefit? What about the 70 per cent of claimants who are marked “fit for work” (according to, again, the unacknowledged targets revealed more than a year ago by TV documentary crews)?

We don’t have any figures for them because the DWP does not keep them. But we do know that many of these people have died – some while awaiting appeal, others from destitution because their benefits have been stopped, and more from the added stress and insecurity of seeking work while they were too ill to do it.

Now Iain Duncan Smith (we call him ‘RTU’ or ‘Returned To Unit’, in reference to his failed Army career) wants more than half a million people – who are known to be too ill to work – to be cut off from the benefit that supports them.

Let’s draw a line between this and Jeremy Hunt’s plan to criminalise medical professionals whose wilful, reckless or ‘couldn’t care less’ attitude to patients’ needs causes avoidable death or serious harm.

Clearly, such an attitude to people with serious long-term conditions should be carried over to all government departments, and yet nobody is suggesting that the DWP (and everybody who works for it) should face the same penalties.

Why not?

By its own admission, choices by DWP decision-makers – acting on the orders of Iain Duncan Smith – have led to deaths. We no longer have accurate information on the number of these deaths because Smith himself has blocked their release and branded demands for them to be revealed as “vexatious”. No matter. We know they have led to deaths.

If doctors are to face up to five years in prison for such harm, then government ministers and those carrying out their orders should be subject to the same rules.

By his own government’s standards, Iain Duncan Smith should be in prison serving many thousands of sentences.

Consecutively.

New call to put DWP/Atos on trial for manslaughter

It might seem ridiculous but the DWP and Atos are guilty of the behaviour described in this image – and much worse – leading to loss of income and stress that, for some, has been intolerable. Thousands of deaths have been recorded.

Pressure is mounting to have leading Conservative politicians tried from crimes against humanity, with the launch of a new e-petition on the government’s own website, to compliment a submission to the International Criminal Court over the summer.

The e-petition by Christopher Gare calls on the government “To Investigate the DWP and connected MPs for corporate manslaughter, in relation to the WCA & Atos Healthcare… We have seen deaths rise of people on sickness benefit from 310 in 2010 to 10,600 in nine months of 2011.”

The reasoning behind both bids is simple enough – that the so-called ‘reform’ of welfare benefits and, in particular, those related to sickness and disability, have in fact led to the deaths of more than 70 sick or disabled people every week.

These deaths have occurred as the victims have been passing through the government’s dreaded work capability assessments, as administered by the private company Atos, under instruction from the Department for Work and Pensions. The stress of the assessment process, couple with fears about the future, if benefits are removed, has been too much for many to manage and they have died. I believe the most common cause of death is heart attack, although I sit ready to be corrected.

Everybody who died had been found unfit for work by their own GPs. In order to cut their benefits, the Department for Work and Pensions must have relieved those doctors of their duty of care for those patients. That duty would have then passed to the DWP. For those disability benefit claimants to have died after the DWP took over that duty of care, it is logical to believe that the DWP was reckless about the effect its decisions would have.

The government ministers most responsible for the current system are those who were at the head of the DWP until the government reshuffle last month: Iain Duncan Smith, Chris Grayling and Maria Miller. Therefore it seems most likely that they should be the subjects of any investigation.

… Which is exactly what disability specialist Samuel Miller told the office of the prosecutor at the International Criminal Court in The Hague. He contacted the ICC during the summer, seeking clarification on whether austerity deaths of the sick and disabled in the UK are considered a crime against humanity by that court.

If they are, he intended to file a complaint against Messrs Smith, Grayling and Ms Miller for the “draconian welfare reforms and the resultant deaths of their society’s most vulnerable”.

If you think the DWP has caused the deaths of sick and disabled people, then follow the link and sign the petition. If you don’t, have a look around the web and read the evidence for yourself. There’s plenty available!