Tag Archives: section 22

Remember the ESA deaths when you are voting

Zdwpdeaths

The Disability News Service has reported Vox Political‘s victory over the DWP, whose officers have less than a month to report the total number of deaths involving people claiming Employment and Support Allowance between November 2011 and May 2014.

The article quotes John McArdle, co-founder of campaigning organisation Black Triangle, who said the updated statistics would be vital: “When the truth comes out about the devastation that this has caused, the whole of society will be absolutely appalled.”

Rick Burgess, co-founder of New Approach, which campaigns to scrap the fitness for work test, said: “People should know the cost of policies they are voting upon, especially when they are causing mass deaths.”

There is much more, and you are encouraged to visit the Disability News Service‘s website to read the full article.

If the Conservative Party forms the next government, the deaths will undoubtedly continue – no matter what the figures prove to be, or the public response to them.

Can you bear to have that on your conscience?

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Benefit deaths: IDS lies while DWP evades

Denied benefit: This is the late Karen Sherlock. Her illnesses included chronic kidney disease, a heart condition, vitamin B12 deficiency, anaemia, high blood pressure, high cholesterol, underactive thyroid, asthma, diabetic autonomic neuropathy, gastropaeresis, and diabetic retinopathy. She died on June 8, 2012, of a suspected heart attack, after the Department for Work and Pensions stopped her Employment and Support Allowance.

Denied benefit: This is the late Karen Sherlock. Her illnesses included chronic kidney disease, a heart condition, vitamin B12 deficiency, anaemia, high blood pressure, high cholesterol, underactive thyroid, asthma, diabetic autonomic neuropathy, gastropaeresis, and diabetic retinopathy. She died on June 8, 2012, of a suspected heart attack, after the Department for Work and Pensions stopped her Employment and Support Allowance.

The Department for Work and Pensions has commented on this blog’s success in forcing it to reveal the number of Employment and Support Allowance claimants who have died between November 2011 and May 2014.

Readers of this blog will recall that the DWP had refused a Freedom of Information request, made in May last year, but the Information Commissioner’s Office upheld an appeal that used its own rules to demonstrate that the Department had been wrong in law.

The comment appeared in an excellent article by Ros Wynne-Jones of the Daily Mirror. She had contacted the DWP after receiving a press release on the subject from Vox Political – and we should be grateful to her for doing so. Comments to the mainstream media are invariably delivered much more quickly than responses to members of the public.

It is more interesting in what it does not say than it what it does. There is no reference to the fact that the DWP had been found to be wrongly applying the law; no suggestion that it will abide by the Information Commissioner’s ruling; in fact no reference to the Vox Political appeal at all.

Instead, we are told: “It is irresponsible to suggest a causal link between the death of an individual and their benefit claim. Mortality rates among people with serious health conditions are likely to be higher than those among the general population.

“We’ll respond to the Information Commissioner in due course.”

Irresponsible, is it?

There are several ways to disprove this.

Firstly, let us consider the different elements of the Vox Political request. By definition, anybody in the work-related activity group of ESA is believed to be capable of recovering from their illness sufficiently to take a job within 12 months of making their claim. Between January and November 2011, the number of people in this group who died was 1,300; it should have been zero. It is therefore possible to claim that they were put in the wrong group (by a system that may have had targets to meet – but that is a different matter) and that their deaths may have been caused by the stress they faced in having to meet the conditions required by the DWP – or lose their benefit.

We can only say these deaths may have taken place for this reason, because the DWP has not carried out any research on the subject. This displays what many may conclude is a shocking carelessness on the part of the government department. Just one death, in this group, was one too many – but DWP officers, and Coalition Government ministers, allowed more than 1,000 to take place and have done nothing to research the cause and prevent more from happening.

For these reasons, it is simple to conclude that anyone who died while appealing against a DWP decision and those who died after being found fit for work should also be included in the statistics, although it seems likely the DWP will claim it has not researched the number of deaths taking place among those found fit for work. We have news stories covering some of these deaths, so the Department cannot claim ignorance that any deaths were taking place; therefore its omission of any investigation may be considered dereliction of duty on the DWP’s party.

It is possible for the DWP to claim that its comment is accurate regarding people in the support group of ESA – but only to a certain extent. This is why Vox Political initially left support group deaths off the original calculation of the average number of deaths taking place among claimants of ESA; this blog made it out to be around 60 people per week. But a commenter pointed out that being placed in the support group does not mean that a person with a long-term illness will be left alone, and that it is entirely possible that harassment by the DWP could have led to premature deaths in this group; people in the support group are subjected to periodical reassessments that not only cause extreme stress but may be called at random intervals, rather than at regular times. It is entirely possible for a person in the support group to be found fit for work, and have to appeal against the decision – causing more stress. And anyone winning an appeal is entirely likely to find a notice of reassessment in their letterbox the very next day – signalling a return to the beginning of that cycle of stress.

Under these circumstances, This Writer had no choice but to include people in the support group among the death toll – pushing the average during the period covered in 2011 up to more than 220 per week. Although the DWP’s claim that “mortality rates among people with serious health conditions are likely to be higher” is more likely to be correct when applied to people in this group, the Department simply has not done any research on the causes of death. Instead, we have news stories which make it very clear where responsibility lies.

That leaves people who are in the assessment phase of the process. Readers will be aware that the DWP has lengthened this part of the claim procedure hugely by adding a new “mandatory reconsideration” procedure – if a claim is refused, the claimant may not appeal against it until after “mandatory reconsideration” has taken place. There is no time limit in which it must take place and no benefit is paid during the “mandatory reconsideration” period. It is hard to believe this is not intended to place the lives of vulnerable people at risk. How are they supposed to pay the bills, with no money coming in? If they have a mental health condition, won’t this be worsened by the incessant money worries being forced on them by this DWP-enforced process? Of course it will.

Examples of ESA-related deaths (and suicides) are a running theme in Vox Political; this blog has recounted the stories of dozens of people who either died after their benefit was withdrawn or committed suicide because they could not see a way out. We have seen stories of people with terminal cancer being ordered to go to work; of people on their deathbeds being told to attend an interview for work-related activity or lose benefits; of one person with severe mental health problems who had been thrown off sickness benefit and sanctioned off of JSA, who froze to death in the street because he had nowhere else to go.

The DWP is known to have investigated 60 suicides that were allegedly related to benefits, according to the Disability News Service – but has withheld the results of its research. Why?

Work and Pensions Secretary Iain Duncan Smith lied on television yesterday (May 5), during a debate on the benefit system, when he said no such review had taken place. The Green Party subsequently demanded a formal apology from the minister, for misleading the public.

One final point: Duncan Smith’s, and the DWP’s, arguments would never stand up in a court of law. There is a wealth of evidence to show the connections between people losing benefit and their subsequent deaths. The DWP has supplied none to disprove those connections. Therefore, if this matter were being tried under jury conditions (as it may be, if allegations of corporate manslaughter are made after the information becomes available) then a jury would have no choice but to convict the representatives of the public organisation.

Duncan Smith labelled the allegations against him and his department “cheap”.

We’ll see how cheap they prove, when all the information is available to the public.

zDWPturkeys

In the meantime, Vox Political‘s advice to readers is unchanged: The Conservatives and Liberal Democrats have withheld the facts from you.

So please, withhold your vote from them.

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No word yet from DWP on benefit-related deaths

Almost a week after being ordered to reveal the number of sickness benefit claimants who have died between November 2011 (the last statistics published) and May 2014 (when This Writer submitted a Freedom of Information request for the facts) the Department for Work and Pensions has yet to furnish us with the figures.

Thanks to a delay of more than seven weeks before the Information Commissioner’s Office published its decision to uphold my appeal against the DWP and order officials to hand over the facts, the department does not – legally – have to deliver them until June 4, meaning people will have to vote in the general election without knowing how many of their fellow citizens have died while in the care of the Conservative and Liberal Democrat Coalition.

Some of us don’t think that is acceptable. Here’s why:

zDWPturkeys

Feel free to copy the image and share it everywhere – or even print it off as a poster if you like.

Vox Political will keep you updated as further developments take place.

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Benefit deaths: We have seen just the tip of the iceberg

It grieves This Writer to report that today, Vox Political Towers has received no envelope from the Department for Work and Pensions containing details of sickness benefit-related deaths between November 2011 and May 2014 – nor has there been any email contact.

It seems the DWP intends to keep us waiting the full 35 days legally afforded to it before providing an answer to that question – meaning we may be waiting up to four weeks after the general election.

There is good news, though – certain members of the mainstream media have been in touch and we may see news stories on the subject later today – depending on the decisions of editors.

In the main, though, it’s still down to those of us in the social media to raise awareness of this.

So here’s the latest infographic. Please feel free to copy and share, everywhere:

ztipoftheiceberg

Hopefully there will be another infographic tomorrow – along with more positive news of the campaign to get this information out.

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Benefit deaths: time to put pressure on the Department for Work and Pensions

Believe it or not, there may still be some people in the UK who don’t know the Department for Work and Pensions has been ordered to release details of the number of sickness benefit claimants who have died since November 2011.

People of good conscience across the country – including several celebrities – have been publicising Vox Political‘s article on the subject, on Twitter, Facebook and other social media outlets – but the mainstream media of TV, radio and the national newspapers have been quiet so far, despite having been alerted to the issue by This Writer.

Quelle surprise, as the French might say.

It was never really likely that the right-wing press was going to publish material that is as critical of the last government as this undoubtedly is. It seems, if the message is to get out to the wider electorate, then we must get it there ourselves.

Here’s a handy infographic, for that very purpose:

Zdwpdeaths

Feel free to copy it and paste it onto your own Facebook page, Twitter messages, and emails to friends/family/local newspapers and anyone else you believe would benefit from the information.

This is a major issue. The mainstream media want to sideline it because it isn’t convenient for them. They find matters involving the sick and disabled very awkward as it might cast their moral stance in a bad light when they support right-wing political parties.

Don’t let it be sidelined.

Many Vox Political readers are doing their bit to inform the public. We all need to keep up the pressure, right up to polling day (Thursday).

Do it for the sick and disabled. Do it for the sake of your conscience. Do it for the UK.

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Victory for Vox Political: DWP ordered to give details of benefit-related deaths

Brian McArdle. On the BBC’s Question Time in November 2012, Iain Duncan Smith flew into a rage when Owen Jones challenged him about what happened to Mr McArdle, “57 years old, paralysed down one side, blind in one eye; he couldn’t speak. He died one day after being found ‘fit for work’.”

Brian McArdle. On the BBC’s Question Time in November 2012, Iain Duncan Smith flew into a rage when Owen Jones challenged him about what happened to Mr McArdle, “57 years old, paralysed down one side, blind in one eye; he couldn’t speak. He died one day after being found ‘fit for work’.”

The Department for Work and Pensions has been ordered to disclose the number of Incapacity Benefit and ESA claimants who have died between November 2011 and May 2014.

The ruling comes from the Information Commissioner after an appeal by Vox Political‘s Mike Sivier.

But it seems likely to have been delayed – possibly for political reasons. If the number of deaths has been high, then it would generate a backlash against the Conservative and Liberal Democrat parties that presided over them in the Coalition Government.

Mr Sivier said: “The decision notice was ready in March, but the Information Commissioner’s Office delayed its release for reasons that have not been given. Suppose a large number of deaths have taken place – I have heard suggestions that 60,000 people or more may have died as a result of government policy.

“It seems clear that the revelation of many deaths may turn voters away from supporting the Conservatives or Lib Dems – so it seems appropriate to question that delay. Will the election result be valid if the number of deaths is not known on May 7?”

The DWP had refused a Freedom of Information request on the grounds that the information would be published in the future (a section 22 exemption) – but the Information Commisioner found that officials had been wrong to do so.

The ruling means the DWP must disclose – within 35 calendar days of April 30 – the number of IB and ESA claimants who have died between November 2011 and May 2014, broken down into the following categories:

  • Those in the assessment phase,
  • Those who were found fit for work,
  • Those who were placed in the work-related activity group,
  • Those who were placed in the support group, and
  • Those who had an appeal pending.

In his ruling, the Commissioner states: “It appears … that the DWP has had reasonable time to prepare for publishing [the] information and that disclosure was not so novel or unusual given the previous requests and disclosures made.

“DWP have not supplied any detailed or convincing evidence about the time needed and what preparation would need to be undertaken during this time or what the specific impact of disclosure would be… The DWP has previously published similar information.

The decision notice continued: “It is not reasonable for the DWP, having had enough time to extract the information and prepare internally for publication, to seek further time to provide the information requested.

“The Commissioner also finds that delaying publication is not reasonable in light of the requests DWP have received from the public and the fact that the previous statistics published were around two years old at the time of the request.”

Mr Sivier said he had first asked for information on benefit-related deaths in the summer of 2013: “It was almost a year after the DWP had published an ‘ad hoc’ report entitled Incapacity Benefits (Deaths of Claimants).

“That document stated that 10,600 people had died between January and November 2011, while claiming benefits that should have helped them survive with a reasonable quality of life. Some of those people may have died because of their conditions but evidence that has become available since suggests that many died due to the stress of constant reassessment by an unsympathetic government department that was determined to clear as many people off its books as possible, no matter what the health risks might be.”

He said: “I knew that other FOI requests had been made in November 2012 – a year after the last date covered in the ‘ad hoc’ report – but they had been refused. When I made my request in June 2013, I publicised it via my website, Vox Political, and asked for others to submit a similar request in the hope that weight of numbers might sway the DWP. This was a mistake as the department was able to use FOI rules to dismiss my request as being ‘vexatious’.

“I made a new request last May, and the DWP illegally delayed its response by several months. When ministers finally denied me the information, claiming they would be publishing it at an unspecified date in the future, I checked the rules and found that they were wrong. That is why I appealed to the Information Commissioner – and I am delighted that the Commissioner has upheld my appeal.”

Under the Freedom of Information Act, the DWP may appeal to the Information Rights Tribunal, but Mr Sivier said he doubted any such appeal would succeed: “I took my first request to a tribunal and, although the decision was upheld, the judges stated that they were extremely sympathetic to my cause.

“They said they did not see any reason why another FOI request, properly made out, should not be successful. That is why I tried again.”

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Shame of minister who refuses to accept link between benefit ‘reforms’ and deaths

Tarnished record: Mark Harper previously came to our attention when it was discovered that he dodged a £20,000 fine for employing an illegal migrant worker. Vox Political covered the story on August 7 this year. [Image: Political Scrapbook.]

Tarnished record: Mark Harper previously came to our attention when it was discovered that he dodged a £20,000 fine for employing an illegal migrant worker. Vox Political covered the story on August 7 this year. [Image: Political Scrapbook.]

The new Conservative minister for disabled people has insisted that his department is right to ignore reports of deaths linked to the loss or non-payment of disability benefits, according to the latest article from kittysjones.

It seems that, in an interview with the Disability News Service at last week’s Conservative conference, he said he did not accept that the Department for Work and Pensions (DWP) should be collecting this information or trying to learn lessons from such deaths.

The article continues: “One disabled activist suggested last week that this failure could amount to criminal negligence, while Samuel Miller, a prominent disabled academic from Canada, said this week that DWP had ‘seriously breached its duty of care by ignoring benefit-related deaths’.

“But Harper said he did not ‘accept the premise’ that DWP should collect and analyse reports that suggest a disabled person’s death could have been linked to the non-payment or withdrawal of benefits.

“He said: ‘If somebody in those sort of cases, if someone has [a] mental health [condition] and then something happens, trying to disaggregate what was the cause I don’t think is as simple as you are trying to suggest.’

“When asked whether he accepted that any deaths had been caused, or even partly caused, by the loss or non-payment of benefits, he said: ‘Of the cases I have seen since I have been the minister where there have been allegations, when you look at the detail they are not as simple and straightforward as people are alleging.’

“But Harper did promise to ‘go back and look back at what processes we have in place to track cases’ and to look at the Freedom of Information Act response from DWP that led to the DNS story.

“There have been numerous reports of disabled people whose deaths have been linked to the employment and support allowance claim process, or the refusal of benefits, including the writer Paul Reekie, who killed himself in 2010, and the deaths of Nick Barker, Jacqueline Harris, Ms DE, and Brian McArdle.

“Many of the cases became widely-known through media reports of inquests, but in the case of Ms DE, the Mental Welfare Commission for Scotland concluded that the work capability assessment process and the subsequent denial of ESA was at least a ‘major factor in her decision to take her own life’.”

Of course this all goes back to the Freedom of Information requests submitted by Samuel Miller and others that prompted Yr Obdt Srvt to make the now-infamous “vexatious” request of June 2013. When it was refused on appeal to an information tribunal, Disability News Service submitted its own request.

A repeat request by Vox Political has since been refused on the grounds that the DWP intends to publish some or all of the information at an unspecified time in the future. These ‘section 22’ refusals must be supported by certain conditions which the DWP did not meet, and a reconsideration request has been met with stony silence (other than the acknowledgement of receipt), so once against it seems an appeal to the Information Commissioner (and possibly another tribunal hearing) will be necessary.

It’s all stalling tactics. The Conservatives in the government know that, if the true extent of the deaths becomes clear, the game will be up for them.

After all, who in their right mind would want to vote back into office an organisation that had just caused the deaths of anything up to or beyond 50,000* of their fellow citizens? Nobody would be safe under such a government.

Turning back to Mr Harper, independent disability researcher Mo Stewart has written to him with a stern rebuke that he will, no doubt, ignore. Here it is:

“Please be advised that the public are beginning to challenge why, historically, your predecessors don’t manage to remain in post for very long and I note your website continues with the government rhetoric whilst totally disregarding the human consequences of the austerity measures.

“I often wonder what exactly MPs mean when claiming that we are living in ‘difficult times for families’ when failing to take responsibility for the deaths and devastation you have clearly created, using cash as the only justification for the fact that ‘malnutrition’ is now regularly found in Coroners’ reports.  The poor, the sick and the disabled people of the UK didn’t create the banking crash Mr Harper, so why are you hurting them but refusing to publish the growing mortality rates of government policies?

“Please be advised that your defensive claims that that you do not “accept the premise” that the DWP should collate and analyse the many, many thousands of deaths now directly linked to the withdrawal of DWP benefits is tantamount to an abandonment of responsibility by the British government, it may well lead to charges of crimes against humanity once all the detailed and often disturbing evidence has been collated and analysed by other sources and the British government is already about to be investigated by the UN for the demonstrated human rights violations of disabled people.  All this whilst the UK faces the return of Victorian diseases linked to extremes of poverty….  That’s quite a track record this government has built up.

“With respect, you are not professionally qualified to assess these reported cases and regardless of if you admit it or not, high calibre REAL experts are now advising that: ‘…there is growing evidence that the draconian welfare reforms are irreparably damaging the mental and physical health of benefit claimants.’

“If someone is already surviving on a token income and the government reduce or remove it, with savage sanctions or by using a totally compromised ‘assessment’, how precisely do you expect these people to live, to eat or to survive when they are already the poorest in the land?

“Coroners don’t lie Mr Harper and the Mental Welfare Commission for Scotland didn’t make up the case history when they concluded that a vicitm’s death was due to the impact of being ‘stripped of benefits.’   http://disabilitynewsservice.com/2014/03/woman-killed-herself-after-being-stripped-of-disability-benefit-says-watchdog/

“This question isn’t going to go away because DWP Ministers fear the public reaction if the figures of welfare reform related deaths are ever published.

“Now the DWP are attacking our older disabled veterans by threatening to remove the DLA of our War Pensioners, whilst the PM continues to wax lyrically at Conference about the debt this nation owes to our armed forces.  Unwise Mr Harper, very, very unwise.

“Release the mortality figures Mr Harper and don’t ever presume that we are about to stop asking for them.”

In addition to the above, it seems appropriate for Vox Political to reiterate:

Not only does the DWP have mortality statistics for benefit claimants, but it has them in a form that may be freely distributed to anybody asking for them, within the cost limits imposed by the Freedom of Information Act.

The only reason these numbers are not in the public domain is the fact that ministers like Mark Harper refuse to allow their release.

The only reason they have for refusing to release these figures – that makes any sense – is that they fear the consequences: Public shock and outrage.

That is not the response of a responsible government. It is the response of a gang of criminal killers who are terrified their misdeeds will be revealed.

*This is an estimate based on the known number of deaths related solely to a single benefit – Employment and Support Allowance – between January and November 2011.

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‘Benefits and Work’ request on ESA deaths stalled by DWP

Distortion With Prejudice: Will we get some FACTS from the Department for Work and Pensions - or just more spin and spiel?

Distortion With Prejudice: Will we get some FACTS from the Department for Work and Pensions – or just more spin and spiel?

It seems our friends at Benefits and Work are a little behind the times.

In an article headlined ESA death statistics – DWP say they will publish details, but won’t say when, BaW detailed the (lack of) progress enjoyed by a Freedom of Information request it sent in after Yr Obdt Srvt lost his case at a tribunal over a previous attempt to wrestle up-to-date figures from the hands of the bureaucrats.

“The tribunal ruled against Sivier on the grounds that he had urged readers of his blog to submit similar requests for the information, saying that ‘There is strength in numbers’. This action, in the view of the tribunal, made the request a vexatious one which could properly refused,” the article stated.

“Nonetheless, the tribunal also found that had Sivier not tried to get others involved, his request would have been reasonable and even adding that ‘We have considerable sympathy for the Appellant’.

“Based on this decision, Benefits and Work made an application to the DWP for exactly the same information contained in the original request and drawing the DWP’s attention to the tribunal’s findings.”

That request was made on May 15. It seems odd that BaW then had to wait months for its reply, which only arrived after the DWP had responded to a renewed Vox Political request for exactly the same information, made on May 28. VP had its response on August 12; the DWP responded to BaW on September 10 – almost a month after the information in its response became available and nearly four months after the request was originally made.

By law, FOI requests must be answered within 20 working days. Unfortunately, there is no legal penalty for failure to respond.

“In relation to the request for the information about ESA deaths the DWP pointed out that they published the total number of deaths in July of this year.”

VP had that, too. It’s only a total number of deaths if nobody on ESA has died since the end of March 2012. Otherwise we can dismiss this feeble attempt to fob us off with the wrong figures.

“The response went on to say that: ‘We can confirm that we do intend to publish further statistics on this topic and these will answer a majority of your questions. As the statistics are intended for future publication this information is exempt from disclosure under the terms of Section 22 (Information intended for future publication) of the FOIA,’ the BaW article stated.

“However, the DWP added that ‘We do not have a definite publication date at this stage but we will pre-announce the agreed date here: https://www.gov.uk/government/statistics/announcements.’

“We have now requested a review of this decision and made it clear that if we do not receive a response within the statutory period we will immediately forward the correspondence to the Information Commissioner without further notice.”

This is exactly what Vox Political had from the DWP, and this blog has two observations to make:

Firstly, anyone making a Freedom of Information request of any kind to a government department should read this article, which shows how FoI legislation has been undermined by the bureaucrats.

Secondly, guidelines from the Information Commissioner indicate that the DWP has acted wrongly in using the s22 exemption to withhold the ESA death statistics from Benefits and Work and Vox Political. VP is happy to forward this information to Benefits and Work, to help that site with its own request.

If nothing else, the fact that Benefits and Work made its own FoI request after the failure of the ‘vexatious’ attempt by Vox Political proves that there is strong public support for the release of this information. VP knew nothing of the BaW request until yesterday (September 18) – who knows how many other requests have been made – only to have the DWP sit on them, illegally, for months on end?

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in either print or eBook format here:

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The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:

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