#FuelPoverty: they’ll take our kids

This video is from the UKUncut-DPAC fuel poverty action on Tuesday.

I’m posting this because it’s about women who are struggling to meet their bills and are worried that their kids will be removed by social services because of those financial problems. I hear this repeatedly. It one of austerity’s most sinister refrains – women saying again and again that they fear women their kids will be removed because they can’t make ends meet.

Later on Tuesday, I met with another young mother who told me that she deliberated for ages when it came to asking for a foodbank voucher, because she did not want to alert social services to her financial troubles. “There’s that constant worry that they will take your kids [if they think you’re not coping].”

The truly appalling part of all of this is that the reason people can’t make ends meet is because viciously unfair and unnecessary costs have been imposed on them by an out-of-control ruling class – and there’s no political opposition to that. People are dealing with wage cuts, job losses, the bedroom tax, council tax benefit cuts, energy price hikes and plenty else besides. But the fact that people can’t magically produce a financial response to these attacks is something for which they are threatened and punished. So – mothers can’t ask for help with the financial problems imposed by the ruling class, because they fear the establishment will decide that the real problem is they’re unfit mothers who can’t budget. That is an awful position for people to be in. This is a feminist issue if there ever was one.

As the woman in the video says – (she’s from Single Mothers Self Defence in Kentish town):

“The big problem now we’re also finding is that there are so many children being taken into care, not just because of neglect, but because they’re struggling financially. It’s absolutely outrageous that the government can talk about taking your children from you, because you can’t do the most basic things such as feed your children and heat your home to keep them warm.”

She’s right. It is absolutely outrageous. But on it goes. You’ll remember recent stories about a Knowsley Housing Trust bedroom tax letter which said that social services would be advised if someone facing eviction for rent arrears had children.

I wrote then that women had also raised this concern when I was in the northwest talking to people for this article about the bedroom tax:

“The other concern people have is that social services will remove children from parents who are found to be struggling due to the extra cost. People say this a lot. “Nobody wants social services butting their noses into people’s business, because it’s a danger game when a mother hasn’t got enough money to feed her kids properly,” Jill says [at the West Everton Community Centre]. “She’s going to starve herself to make sure her kids are fed. You’re hearing about kids being taken away when they shouldn’t be.””

As I said then too –

“this put me in mind of a conversation I had a couple of years ago with a Wisconsin woman called Pat Gowens. I’d rung Pat to talk about Wisconsin’s punitive workfare programme, which she had some experience of. She and other women had set up Welfare Warriors – a member-led campaign made up of people who were fighting the demands and sanctions of that workfare scheme. We talked about that and then our conversation moved onto other work the group was involved in. That work included representing women whose children had been removed by social services. “They come into your homes,” Pat said, “usually on an anonymous call, or [a call from] your husband. They decide you’re a bit crazy, or your house isn’t clean enough – a mother didn’t vacuum her carpets, or just swept them [or something like that]. Then, they take your kids away. You used to get them back in six months. Now it can be six years. If you want them back you have to do parenting classes, therapy, anger management, domestic violence therapy.”

It is time to do more on this. Why must women live in this fear? Why must women pay for austerity with everything? And why don’t the political or media classes give a shit?

Answer:

Because if it isn’t happening to the twitterati, it isn’t happening.

Our joint Mirror, False Economy and Moore Lavan film on the Independent Living Fund

Mirror story today on the film that Ros Wynne Jones, Moore Lavan Films and me at False Economy have made featuring Mary Laver. Mary was an Olympics gamesmaker volunteer and torchbearer and is also an Independent Living Fund recipient. The ILF is a fund that severely disabled people use to pay for the extra care help they need to live independent lives like everyone else. Naturally, this disgusting government has tried to close the fund. Earlier this month, the Court of Appeal overturned the closure decision that the government made at the end of last year, but the government has not said what it will do next – ie whether it will make another attempt to close the fund and leave disabled people without the money they need to keep living. Mary has lost about three stone this year, because of the worry and uncertainty caused by the government’s closure announcement at the end of last year.

In this film, Mary let us film her and her carers working with her over a 24-hour period so that people could see what high-level care really looked like. She also went without her carers for some of that time so that people could see what her life would be like without that care:

MaryLaver’s Fight for Independence: Cameron’s Cruellest Cut ? from moorelavanfilms on Vimeo.

Public accounts committee to grill private contractors on “delivery” of public services…

….or non-delivery, that is.

Tomorrow (20 November) at 2:15 pm, the public accounts committee will (hopefully) do this lot over for failures to deliver the public services for which we have forked out billions:

Witness(es): Ashley Almanza, Chief Executive, G4S, Paul Pindar, Chief Executive, Capita, Alistair Lyons CBE, Chairman, Serco and Ursula Morgenstern, Regional Chief Executive Officer, UK and Ireland, Atos.

Location: Room 15, Palace of Westminster

Tune in. Capita is taking over Barnet council as we speak so we might as well hear a bit more about how shit they are as they do it.

Oh yes and Capita is lined up for the electronic monitoring contract that Serco and G4S are supposedly in the dock for. So this is an excellent chance to hear from the companies that screwed us over with that contract and from the one that is about to.

Even Melvyn Bragg says the #bedroomtax is rubbish

Don’t often do celebs here, but since this one pretty much fell across the lens and because everyone else is doing Brand and Webb and whatnot – here’s Melvyn Bragg saying the bedroom tax is a waste of space at today’s bedroom tax protest outside the House of Commons (sound quality is a bit crap as I was still faffing with the directional mic when Melvyn wafted into frame):

Said Melvyn:

“I agree with this demonstration. I think it’s (the bedroom tax) is doing a lot more harm than good. And I’m glad you’re here today. It’s a pity there’s such a panic on inside the House of Commons. I agree with this demonstration. It’s a tax on very poor people and often very disadvantaged people and it’s completely unfounded. The sooner they get rid of it, the better.”

Way to go Melvyn. Up yours, Cameron.

The panic Melvyn referred to was caused, apparently, by a bomb scare at parliament. I’d been queuing to get in to hear an hour of the bedroom tax debate (Iain Duncan Smith had already done a runner from it), but then security told us to leave and ushered the whole protest up the road. The police cordoned off the entire area, then un-cordoned it after about an hour. Have put a bit of video of that in at the end.

Here are the vote results. Grim. Time for Labour to instruct its councils and housing associations to simply refuse to collect the tax and to introduce no-evictions policies across the board. Been time for that for a while, of course. Ho hum.

And here’s a full list of Labour non-voters. Includes my own – Joan Ruddock. Have said it before and I’ll say it again – people are on their own with this. Political class doesn’t give a shit.

More #JSA stories – and comparisons with the MPs who are really ripping us off

To Liverpool, then, where I spend an hour or two with a guy called Peter S_ (may add  his surname later) about his experiences of jobseekers’ allowance. He’s on JSA at the moment. There’s a transcript of the interview with Peter below.

Peter used to work as a carer. Like many carers, he had a job which paid so badly that he couldn’t meet his bills. He started his day early and finished it late, but – again like many carers – was not paid for the time that he had to spend travelling between caring jobs, which meant that he couldn’t make enough money to get by. (Said the Resolution Foundation in an August report on this serious and growing problem: “Careworkers often lose at least £1 an hour because they are not paid separately for the time spent travelling between appointments and because providing decent care often takes longer than the time allocated by the employer for each visit.”)

Then – this is hardly surprising – Peter became very depressed. He suffers from depression and the working situation made it worse. He applied for ESA, but was found fit for work. He was still very depressed and couldn’t find the energy to appeal. So, he signed on for jobseekers’ allowance and was promptly sanctioned for “leaving” his job (depression, it seems, is no longer considered a “proper” reason for breakdown). He was sent on the work programme with the British Heart Foundation and is now applying for zero hours caring jobs which will also pay next to nothing.

So.

The best part of all this? – that Peter is supposed to feel grateful for his crappy wages and his life on JSA. He is supposed to accept every sanction and attack without complaint. He is expected to rise to all hurdles. Everybody is supposed to. Everybody is supposed to feel grateful for the chance to grind away on dwindling wages and get nowhere while the well-connected and well-appointed loot the nation’s pay packets and the public purse. I’m sure I tell you nothing new when I point out that when Cameron says “work hard and get ahead” he means “work hard for stuff all and help my corporate mates get even further ahead.” Why should anyone feel inspired to work to advance corporate interests? I’ve never seen that as a golden ticket, myself.

You’ll read more about this in the transcript below.

You’ll also read a few short comparative paragraphs about very wealthy and well-connected persons who – unlike people in Peter’s position – genuinely feel entitled to public money. They are taking that sense of entitlement to a new plane.

You’ll note, for instance, that I post Peter’s story as we’re lobbed an “apology” by Nadhim Zahawi who claimed parliamentary expenses to heat his stables. I mean – heated stables. Who the hell has stables? People I speak to can’t afford to heat their homes. MPs can, of course. You would have read plenty about MPs heating their second homes on expenses. I head out for an hour to walk the dog and by the time I’m back, we have career twat Nadine Dorries finally forced to register her I’m a Celebrity fee. These people are taking the piss.

I’ve said it before and I’ll say it again – it’s the gross lack of balance I can’t stand. It’s the extraordinary double standard. This is unreal. It can’t last. Peter in Liverpool has been paid utter crap, had his tiny benefit cut and sent to work for free on the work programme. He spends his time applying for zero-hours caring jobs which won’t pay him enough to survive. If he doesn’t like this and doesn’t accept it and his mental health suffers, he and people in the same situation will be pillioried by members of a political class who care only to trample us all as they race for the lolly. I wonder, on the other hand, how things will pan out for Nadhim Zahawi. Comparatively, you understand. Will he be sanctioned, written off as a scrounger, forced to take a zero hours contract for tiny wages that won’t cover his costs and told to be grateful or to get out? Will he be forced to queue for one of two computers at a jobcentre to find non-existent work (as Peter was – you’ll see this below), sent on meaningless work programmes and made to turn up to a jobcentre each day for pointless jobsearches and workfare? Will he be held up before the electorate as an example of someone who is responsible for the recession – someone whose sense of entitlement and flagrant abuse of the public purse stands between the nation and economic greatness? Continue reading

Video: disabled people celebrate victory over government to save the Independent Living Fund

Update November 8 2013: Disabled People Against Cuts says that the government will not appeal Wednesday’s decision:

“Breaking news: the claimants in the ILF case have heard that the Government will not be appealing the decision taken by the courts on Wednesday to quash the closure of the Independent living Fund. All processes related to the closure e.g transition interviews for ILF users have been halted.

We all owe a great debt of gratitude to the five ILF users that took this to the courts and the solicitors and barristers who worked tirelessly, as well as all those involved in the research processes, and in supporting this. It has proved that disabled people can and will fight back, it has proved that disabled people can win.”

Amen to that. Member-led campaigning at its best. No support from the establishment to be seen.

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Video from outside the Royal Courts of Justice today where the Court of Appeal today upheld a legal challenge by five disabled people against the Government’s decision to close the Independent Living Fund. As lawyers Deighton Pierce Glynn reported, the court held that the Minister for Disabled People had breached equality duties when making the decision in December 2012 to close the ILF. The Court of Appeal has quashed the decision.

Said ILF recipient Jenny Hurst:

“I think it is absolutely fantastic. It is the right decision. The consultation [the process the government used to justify the closure] was definitely flawed. The closure of the Independent Living Fund would have an absolutely terrible impact on people like myself and people that I work with. We can breathe a sigh of relief for the moment.”

Kevin Caulfield at courts of justice

Image: ILF recipient Keviin Caulfield celebrates the victory at the courts

The ILF was set up in 1988 as a stand-alone fund to which people with severe disabilities could apply for money for added carer hours. That extra money meant that people could afford to pay carers for the help that they needed – round-the-clock, in some cases – to live independent lives.

The decision to close the fund was appalling and would have left people with dangerously low levels of care support. The inescapable fact is that cash-strapped councils can’t meet care demands as it is. Provision is already a catastrophe. Councils are tightening care eligibility criteria and only funding people who have “substantial” or “critical” needs. Councils have been taken to court for trying to restrict care, or for increasing charges, or for capping care packages.

Said David Wolfe QC today:

“The court has held is that the government minister didn’t properly look at the impacts on disabled people and that was unlawful. Parliament has said that government ministers, like every other public decision maker, has to take into account the impact on disabled people of what they’re doing. They [the government] haven’t said that they will try to appeal, so we’re waiting for that in the next few days. Assuming they don’t appeal, they will now need to go back and think about what they want to do. Obviously, the appellants hope that the government doesn’t carry on with the closure, but the government can rethink again as long as it does it lawfully.”

A very good victory for ILF recipients, Disabled People Against Cuts and Inclusion London, who’ve fought for this without much [any] help from politicians, or established charities. Interesting how member-led groups must make history for themselves again and again. Very important to keep the pressure on, too, and for people to support the campaign for independent living. Follow Disabled People Against Cuts for updates and plans.

And also – that’s three court losses in a very short space of time for the government: last week’s Supreme Court ruling against Iain Duncan Smith on his flawed and useless “back to work” schemes, Jeremy Hunt’s appeal loss on his proposed Lewisham Hospital closures and now today’s result. As Public Interest Lawyers noted last week: “the Supreme Court was moved to note that the government has rather unattractively taken up court time and public money.” Indeed.

Capita brags of close relationship with government…and holds a conference on collecting social housing rent arrears

A helpful someone has pulled out all sorts of useful direct quotes from the so-called service delivery method statement that Capita has with Barnet council. Am posting a few of those quotes here to give everyone a feel for the pride this company has in its lobbying powers at government level…

This is how private companies operate and this will give you a little insight into their reach.
These are the people who are eyeing up the NHS as we speak.

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“We have relationships with senior officials in Government who we can engage with on behalf of Barnet and bring to the Borough to see the transformation that the Authority has delivered.” (Page 118 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“We also commit to seeking out opportunities at key conferences such as LGA and SOLACE and supporting the Borough in attending these conferences as speakers to promote the name of Barnet as an exemplar council and innovator in service provision.”(Page 117 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“We sit on the Public Services Strategy Board, Whitehall & Industry Group, reform, policy exchange, intellect, Localis and a research and data partnership with Dods.” (Page 116 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“In this role we worked directly with Francis Maude’s team and the Efficiency Reform group (ERG) to develop various initiatives that improved quality and saved money for Central Government,” (Page 116 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“We also have frequent meetings with the cabinet office at official level, and occasional meetings at ministerial level.” (Page 116 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“We will provide Barnet and its key partners the opportunity to communicate the success of the One Barnet programme and therefore secure attendance for Authority staff at these events alongside speakers from the Authority.” (Page 115 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“Our speakers are drawn from the leading industry professionals, and recent Local Government and Communities speakers have included: Andrew Travers, Deputy Chief Executive, London Borough of Barnet; Graham Burgess, Chief Executive Blackburn with Darwen Borough Council and NHS; Gavin Jones, Chief Executive, Swindon Borough Council; Derrick Anderson, Chief Executive, Lambeth Council and Sean Harris, Chief Executive Bolton Council.” (Page 115 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“In the three months from November 2012 – January 2013 inclusive, Capita Conferences will hold 54 government conferences.”(Page 115 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence).

“We hold meetings and events with government representatives on a daily basis” (Page 114 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“We are well engaged with policy officials, special advisers and ministers in a number of key departments and hold regular discussions with them. We also have good relationships with a number of key influencers, such as think tanks (e.g. reform, policy exchange, Localis) and consultancies.” (Page 110 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“We also benefit from the regular involvement of our Executive Directors, Group Board Directors and expertise of ex-employees from key Central Government Departments, advisors and Think Tanks. These include Department for Communities and Local Government (DCLG), Ministry of Justice (MoJ), Department for Work and Pensions (DWP), Department of Health (DH), Ministry of Defence (MoD), Policy Exchange, Localis and the Technology Strategy Board.” (Page 109 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“The Public sector represents 50% of Capita’s business. Within this, Central Government is one of Capita’s core markets: we generate around £300m revenue per year from the sector, or 10% of our overall business. As a consequence we bring detailed knowledge of many of the departments and arms-length bodies that present big opportunities and risks, in terms of changing policy to Barnet, such as Department for Work and Pensions (DWP), Business Innovation & Skills (BIS), Department of Energy & Climate Change (DECC) and Ministry of Justice (MoJ).” (Page 109 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“At Capita, we have been thinking beyond the short-term to the types of authorities that will emerge after necessary spending reductions have been made.”……“We will work with the Council to help them shape the transformation journey to deliver their vision to become a Commissioning Council.”(Page 86 of 135 Transformation Method Statement 4th March 2013 Commercial in Confidence)

“Capita approaches consultation on change, including consultation on potential redundancy, with an open and positive mindset. We believe that through frank consultation and discussion within the consultation process we can explore ways to mitigate the risk of redundancies having to be effected.” (Page 45 of 135,Transformation Method Statement,4th March 2013,Commercial in Confidence).

Cute. Sounds like a great little earner.

Update via @1000cuts – check out this upcoming Capita conference on collecting rent arrears from social housing tenants:

“As the Government enacts its welfare reform programme, effective income collection is more important than ever. Capita’s National Rent Arrears Conference is ideally timed, bringing together key stakeholders from the social housing sector to share successful methods of income maximisation and rent arrears prevention.

Over the course of this year, Universal Credit, the under-occupancy penalty and the benefit cap are being introduced. As a result of these changes, rent arrears are expected to rise in 2013. This conference provides expert guidance on how the social housing sector can overcome this unique combination of challenges and counteract falling rental incomes.”

How to squeeze the last few pennies out of social housing tenants. Charming. Just charming.

And as @ChiDeltaWithNOR has just pointed out on twitter, one of the speakers at the conference is from First Ark – parent company of the Knowsley Housing Trust. The Knowsley Housing Trust is already… involved in rent arrears – it is sending out eviction threats and telling people that social services will be advised if people with children are in that situation…a threat people have read as “pay your bedroom tax, or we’ll take your kids,” as well they might. Very nasty indeed. Interesting that a speaker from that trust will appear at a Capita conference to hand out advice on pursuing social housing tenants for rent.

Struggling with the #bedroomtax and worried about kids being removed: “it’s a danger game.”

Joe Halewood has posted a very interesting article: it’s about a letter from the Knowsley Housing Trust which says that the recipient may be considered to have intentionally made themselves homeless if they’re evicted because of rent arrears. The letter also says that social services will be advised if there are children in the home:

People have read this as “pay your rent, or we’ll come for your kids,” as well they might.

As Joe says:

“Knowsley Housing Trust (KHT) are sending out a standard letter which tenants are reading as “pay your rent or social services will come and take your children off you”..and you thought social landlords couldn’t get any more incompetent!

“The prior paragraph sees KHT assume that any tenant evicted for arrears will be declared intentionally homeless by the council – that not paying your rent means you WILL be found intentionally homeless and that is a huge assumption and an overt scare tactic in itself by KHT and this predicates the threat of your children being taken into care. Councils have to look at the individual circumstances of each case under homeless legislation and eviction for arrears does NOT equate with being found intentionally homeless as KHT strongly allude it does.”

So.

I’m posting this, because I know that this fear of losing your kids if you can’t pay the bedroom tax looms large in many minds. I know this because people have told me about it. They certainly told me about it when I was travelling around in the northwest for this recent article about the bedroom tax. I wrote then:

“The other concern people have is that social services will remove children from parents who are found to be struggling due to the extra cost. People say this a lot. “Nobody wants social services butting their noses into people’s business, because it’s a danger game when a mother hasn’t got enough money to feed her kids properly,” Jill says [at the West Everton Community Centre]. “She’s going to starve herself to make sure her kids are fed. You’re hearing about kids being taken away when they shouldn’t be.””

A similar point was raised on at least two more occasions by people I met at the bedroom tax campaign meetings I attended during that trip. One man I was speaking with said that the campaign groups wanted to get more young people involved. “They’re probably worried about social services coming round,” a woman at our table said. I had a similar conversation with two women after a meeting in central Liverpool.

This all put me in mind of a conversation I had a couple of years ago with a Wisconsin woman called Pat Gowens. I’d rung Pat in the first instance to talk about Wisconsin’s appalling workfare programme, which she had some experience of. She and other women had set up Welfare Warriors – a member-led campaign made up of people who were directly affected by that punitive W2 workfare scheme. We talked about that for some time and then our conversation moved onto other work the group was involved in. That work, it transpired, included representing women whose children had been removed by social services. “They come into your homes,” Pat said, “usually on an anonymous call, or [a call from] your husband. They decide you’re a bit crazy, or your house isn’t clean enough – a mother didn’t vacuum her carpets, or just swept them [or something like that]. Then, they take your kids away. You used to get them back in six months. Now it can be six years. If you want them back you have to do parenting classes, therapy, anger management, domestic violence therapy.”

The group is still active – you can see their facebook page here – and they’re still running articles with titles like Give Us Back Our Children.

The fear of losing your children is an appalling one. Most people ought to know that. And it is very bad to know that people fear losing their children because they can’t pay a tax that they should never have had to pay in the first place.

Joe Halewood is absolutely right when he says:

“Social landlords are in a position of authority when it comes to housing matters. Tenants assume that landlords know housing law and good practice therein and tenants in large part have to trust social landlords.”

He’s also right when he says that anybody who is abusing that power needs to be named and shamed. There is something very unpleasant going on here. Talk about a nasty way to keep people who don’t have money in line. Pure evil.

Update: info here on this situation from the Shelter site (h-t Mr Bogbrush on facebook):

“Can social services take children away because the family is found to be intentionally homeless?

No. Social services can only forcibly take a child away from her/his parents if there is clear evidence of a risk of abuse and a court order has been obtained. If social services offer to house the children but not the rest of the family, the parents are not normally obliged to accept this option.

If social services offer to house the child alone, you should get specialist advice from a local Shelter advice centre or other housing advice agency immediately.”

I wrote this update Sunday 3 November – it seems that KHT is “reviewing” its customer communications after that original letter went viral on it. Bit more than that needs reviewing if you ask me” – but it seems that review of customer communications has to do with another incident to do with eviction and not this one. What a mess – how many shambles can a trust have? Will post more on that when I get info through.

Update 4 November: The “review of customer communications” has to do with this incident – “A Merseyside community formed a ring of steel around a bedroom tax victim’s house after fears her possessions would be removed without her consent.” And see this, too – that ring of steel action apparently led to KHT announcing that anti bedroom tax campaigners were a danger to staff. Unreal. Were HAs not expecting direct action as a response to this tax?

Update 5 November: You’ll see in the comments that the review of customer communications is to do with the social services letter. See comment below from Huyton Freeman and watch the links below for updates:

“I posted the letter on my blog http://www.huytonfreeman.co.uk/ and on http://www.facbook.com/huytondi any further responses from KHT will also be published there and @huytonfreeman on twitter.”

Let’s see what KHT comes back with.

Back to work schemes legally flawed: video & transcript on decision and repayment aims

Video from outside the Supreme Court today where five justices found that government “back to work” schemes were legally flawed.

Have put a full transcript of Tessa Gregory’s speech below as it appears in the video – in it, she details plans to pursue repayments for sanctions.

“We’re delighted that the Supreme Court has unanimously dismissed the government’s appeal and confirmed that the regulations under which most of the back to work schemes were initially created were unlawful. The court upheld the findings that Iain Duncan Smith acted beyond the powers given to him by parliament by failing to provide any detail about various schemes in the regulations and in any event, the required notice provisions have not been complied with.

Shortly after lodging his appeal, Iain Duncan Smith rushed emergency legislation through parliament which retrospectively amended the law. This effectively overturned the court of appeal’s judgement and shamefully rendered much of its own appeal proceedings academic.

Indeed the Supreme Court was moved to note that the government has rather unattractively taken up court time and public money seeking to establish something that it had already sought a rememdy for in parliament.

We have already issued judicial review proceedings challenging the validity of that retrospective legislation which following today, we will seek to extradite.

It is also though important to note that the judgement has real practical implications.

In addressing one of our arguments, the court found for the first time that the government has a duty as a matter of fairness to provide from the outset enough information for jobseekers about a given scheme to enable them to make informed and meaningful representations.

A failure to provide that informtion is likely to make it unlawful for the DWP to require people to participate on a given scheme, or to dock their benefits if they fail to do so. The court found that on the facts of this case, the secretary of state did not provide our clients with adequate information. For Jamie Wilson, who was stripped of his benefits for six months, that means that notwithstanding the restrospective legislation, we will now seek repayment of his benefits on that basis. We know that like Jamie and Cait, hundreds and thousands of other jobseekers have not been and continue not to be provided with information about the dizzying array of schemes. Following today’s judgement, any such jobseekers can object to sanctions that have been imposed and seek repayment of their benefits. It is staggering that Iain Duncan Smith has found himself in this position even after fast-tracking emergency restrospective legislation through parliament specifically designed to prevent repayment of benefits.

We intend to work with advice organsations to ensure that following this ruling, affected individuals have the right information and assistance. This case has expsoed an utterly shambolic system, where individuals are routinely being stripped of their subsistence level benefits after receiving inadequte and inaccurate information. Iain Duncan Smith has sought to brand our clients as job snobs. In reality, all they have been seeking is a system
that is fair and transparent.”

Supreme Court to give verdict on “Back to Work” schemes #workfare #jsa

From Public Interest Lawyers:

PRESS RELEASE 29 October 2013

On Wednesday 30 October 2013 at 9:45am, the Supreme Court, with five judges sitting, will deliver its verdict on the appeal brought by the Secretary of State for Work and Pensions against a unanimous decision of the Court of Appeal.

In February 2013, the Court of Appeal ruled that the Regulations (1) under which most of the Government’s “Back to Work” schemes were created were unlawful and must be quashed. The immediate effect of the judgment was that all those people who had been sanctioned by having their jobseeker’s allowance withdrawn for non-compliance with the Back to Work Schemes were entitled to reclaim their allowance.

Iain Duncan Smith appealed the judgment to the Supreme Court but at the same time he also fast-tracked retrospective legislation, the Jobseekers (Back to Work Schemes) Act, through Parliament. The legislation sought to retrospectively make lawful what the Court of Appeal had declared unlawful in an effort to ensure that the DWP would not be required to pay back millions of pounds to individuals who had been unlawfully sanctioned. That legislation is subject to separate judicial review proceedings which have been stayed pending determination of this appeal.

Our clients who brought this case are:

Cait Reilly: In November 2011, Cait was forced to leave her voluntary work at a local museum and work unpaid at a branch of Poundland under a scheme known as the “sector based work academy”. She was told that if she didn’t carry out the work placement she would lose her jobseeker’s allowance. For two weeks she was made to stack shelves and clean floors. Poundland got free labour whilst she gained nothing and received no training. She was not given a job interview at the end of the two weeks and the museum where she volunteered was left short staffed.

Jamie Wilson: In November 2011, Jamie, a qualified mechanic, was told that he had to work unpaid, cleaning furniture for 30 hours a week for six months under a scheme known as the Community Action Programme. Whilst he desperately wanted to find a job he objected to doing unpaid work that was completely unrelated to his qualifications and would not help him re-enter the job market. He refused to participate and as a result was stripped of his jobseeker’s allowance for six months.

(1) Jobseeker’s Allowance (Employment, Skills and Enterprise) Regulations 2011