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

“It cost the NHS £40k for my inpatient care:” Video from vigil for ESA mental health claimants

Video from today’s vigil outside the Royal Courts of Justice.

Inside, the DWP was appealing a May Upper Tribunal decision which found that the Atos work capability assessment discriminated against people with mental health conditions. Several months ago, the DWP was granted leave to appeal this decision.

The original action against the DWP was brought by the Mental Health Resistance Network. Two claimants represented by the Public Law Project argued that Atos work capability assessments discriminated against people with mental health conditions. As the Public Law Project’s Ravi Low-Beer told me here, the claimants wanted reasonable adjustments made to work capability assessments and the onus put on DWP to source medical evidence for ESA claimants who had mental health conditions at the start of their ESA claims.

The courts agreed with that direction – but the DWP wants the decision overturned. No matter that proposed changes may have improved things even slightly for people who must go through the appalling work capability process. No matter, even, that proposed changes may have improved things as far as the public purse goes – people found eligible for ESA from the start when they should be would not, obviously, need to take their case through the wildly oversubscribed and costly appeals process (which is not to forget that the government is about to make the appeals process even harder to access with its introduction of mandatory reconsideration for people wanting to appeal fit for work decisions).

“We believe we have made – and continue to make – significant improvements to the work capability assessment process for people with mental health conditions,” the DWP blathered to me in an email about its decision to appeal the Upper Tribunal decision on mental health claimants. I have my doubts about this (and plenty of them) and have written about that at length. The people in the video also have plenty to say about that.

Claimants talk about their experiences in the video. They also talk about the costs of the process – to them in an emotional sense and more generally, as a financial cost.

“I was managing my mental health really well until I got an ESA assessment,” one woman says. “After two weeks of distress, I ended up having to go into inpatient care, for three and a half weeks last year and two weeks this year. It cost the government and the NHS over £40k simply to to cover the cost of that crisis care. That crisis was manifest by ESA Atos and their assessment.” That, as we all know, is exactly the kind of maths and economics which makes perfect sense to Iain Duncan Smith and this government, and absolutely no sense whatsoever to anybody else.

Says Paula Peters:

“In 2011, I ended up in hospital for three months. I tried to take my own life for fear of waiting to be assessed under this cruel and callous system. I was hospitalised by the NHS for three months. I was held down and injected, because I have bipolar.”

She also makes this excellent point:

“If it can happen to us, it is going to happen to you. You can face your job cuts. You use the NHS – all of us use the NHS and they’re cutting back on all of that. I tell you something now. Any one of you can become sick. Any one of you can develop a devastating disability, or end up losing your job or livelihood like we all did and end up with devastating health problems.”

Indeed.

Comparing stories of people who don’t have money with stories of people who have

Because nasty, biased rubbish like On Benefits and Proud continues, I’m posting more interviews with people who are on JSA and/or who are dealing with street homelessness below. The aim is to give more examples of reality and to outline some of the real reasons why people need benefits from time to time.

And because I’m all for the balance that is missing from tripe like OBAP, I’ve also posted – after each of the three interviews below – a few words about people from the monied classes who’ve fallen on hard times at one point or another, but who were either paid handsomely to leave their places of employment, or, in the case of the one and only Chris Huhne (whose miraculous and miraculously fast rehabilitation continues to annoy me badly), were welcomed back after their self-inflicted “misfortunes” and handed high-profile gigs like shit never happened. Some of the people I’ve written about below also had unfortunate experiences – they lost a business, or a job and/or started drinking heavily to cope with those things. The difficulties that they are in now would be viewed as self-inflicted by the political class and thus deserving of no sympathy whatsoever. Unlike Huhne, though, they’re expected to pay with everything, forever. They’re from the wrong class.

I’ve said this many times before. It’s not just the fact that people are being forced into poverty that I find upsetting, although I do find that upsetting (I’m pretty sure that most people do). It’s the fact that people who having nothing are being targeted so viciously, while charlatans who have everything are allowed to carry on and even enjoy themselves and are paid to do it. If the wheels come off, the people who have the least are made to suffer the most, while people who have the most suffer the least.

Anyway. I’ll keep finding people to speak with and posting their stories – and posting comparative stories about the evil rich.

——-

Let’s start with (I’ll bet some people will say she shouldn’t have a TV):

Susan Roberts, aged 60, Stroud. On JSA. Interview and recording made at lunch at the Marah drop-in centre in Stroud:

“I’m 60. My job is – I used to do cleaning work, so [the jobecentre wants me looking for] cleaning work, or shop work or kitchen work. That’s the jobs that I’m supposed to be getting – but when you tell them your age, that’s it. They say that you’re too old.

“I think I’ll be nearly 63 when I retire, because my retirement age is March the 6th and I’ll be nearly 63. They’ve stopped me (my benefits) three times [through sanctions]. It’s all because I’m not good enough looking for work at my age. They say I haven’t filled in the sheets and that I could have it stopped again. A month ago, they threatened me again and it’s still going on, but every time I go in [to sign on], once a fortnight. I get worried. I only get about £65 a week and I got to pay all my bills. By the time I get my shopping, I got about £20 left- for the TV licence, water rates, electric. [And people have to pay] gas if you got it, but I’m on electric. Some people have got both, haven’t they. When my budget loan finishes, [Susan is paying off a loan], that’ll go back up again.

Continue reading

Vigil to defend #ESA #WCA court decision in favour of mental health claimants

From Black Triangle and Paula Peters:

On Monday 21 October to Tuesday 22 October 2013m the Judical Review Appeal for the Atos WCA for mental health claimants will be heard at the Royal Courts of Justice room 72 in London.

The Mental Health Resistance Network, who brought this Judicial Reivew to court, have called a vigil for Monday 21 October 2013 at the front entrance of the Royal Courts of Justice at 12 noon until 2pm on the first day of the court case.

The MHRN has asked that people bring white flowers with them as a mark of respect for all the human beings who have lost their lives within six weeks of their ESA claim being unjustly ended. Continue reading

The bedroom tax, austerity and smackdown by the political class

No surprise at all this weekend to find a well-heeled politico like Rachel Reeves peddling the notion that people who have the least owe society the most – and must be made to pay it. Absolutely everyone who is anyone is on that bandwagon now. Wherever you look (and I look in lots of places), you find variations on the Reeves theme: that people who don’t have money could and should rise to the costs and hardships imposed on them by a vicious ruling elite.

And here is an example. I’ve been wanting to write something on this one for a while.

A month or so ago, someone sent me a link to this story. It’s a story about South Liverpool Homes’ “radical” (their funky word) plan to cap the bedroom tax for SLH bedroom tax tenants who agreed to take part in an A4e “Employability Training Programme.” In other words – SLH would cap the bedroom tax for people who were on jobseekers’ allowance, or employment and support allowance, if those people participated in a course that would supposedly help them find work and then to pay the tax.

So.

This is a nasty little notion. It suggests that the bedroom tax could be paid and even would be paid, if only social housing tenants got off their arses. It suggests that the bedroom tax is not a policy to be fought. Instead, it is a price to be paid. The whole thing of course comes couched in the uber-bright, if brittle, work-makes-you-free liberation-language that sets the tone for so much of today’s grisly political discourse. We have someone called Wayne Gales, Director of Operations at South Liverpool Homes, feeling “really excited to be able to offer this fantastic opportunity for tenants… Supporting tenants to get back into work so that they are no longer affected by this unfair tax is really important and we hope that through this ongoing initiative we can really make a difference, thus a win-win situation for everyone.” Of course, the thrilled Wayne et al “continue to lobby against the bedroom tax and are doing everything we can to support those who are affected,” but – yeah. Readers of this site will know that I’ve had my doubts about that side of things for a while. Certainly, I’ve spoken to SLH tenants who aren’t exactly feeling the love – from any direction. Earlier this year, they told me that they were doorstepped for bedroom tax money only a month after the tax was introduced. They are also wondering what they’ll do now that their discretionary housing payments have run out and their new DHP applications have been refused. “The local authority feels you’ve had sufficient time to make alternative arrangements to enable you to meet your shortfall,” these refusal letters say (Liverpool City Council hands out the DHPs). You get my point. There’s not a lot of win-win going on here.

Of course – there won’t be much win-win for any us if the political class is allowed to keep spreading the loathsome idea that some people deserve life’s essentials more than others. Because that is the subtext of “initiatives” like this SLH one. And it’s an ideology that will end up taking us all out. It says that people will be helped if – and only if – they meet a narrowing set of criteria set out by the political class. It says that the vicious ruling elite isn’t responsible for the vile policies it imposes on people – the people on the receiving end of those policies are responsible. This sort of “initiative” absolutely absolves the political class. Never lose sight of that point. That is the point to fear.

Basically, what we’re hearing from SLH is that people are more deserving of a place to live if they work. We’re not hearing much about the ongoing chances of people who can’t. The whole thing assumes, too, that an A4e programme would actually help people into work – something that I absolutely would not assume, given A4E’s pisspoor results in that field, particularly in Merseyside. The results of the SLH “initiative” to date make interesting reading. Vaguely. SLH says it recruited seven people to the first course several months ago and that precisely none of the four who completed it went onto paid employment. Nonetheless, the future is perceived to be bright. For A4e, at least. Twelve people will start an October course and the aim is to sweep more into A4e’s net: “Moving forward and assuming we can demonstrate meaningful outcomes, its ambition is to expand capacity to offer similar support to all interested tenants, not only those affected by the bedroom tax.”

Right. SLH says that “there are no intentions” to make attendance at such courses a condition of tenancy, but I like to keep an open mind on these things. A very open mind. I think I’d even take bets on all this. As everyone knows, endless conditions are being attached to the receipt of measly JSA payments now and Osborne has plenty more to come. I can absolutely see a future where everyone has to beg and grovel for any sort of accommodation. Except those who are setting the pace, of course. Let’s not forget that all this “people on benefits must pay” and “you lot must work and in crap jobs for rubbish pay” stuff is happening as the real thieves openly take the piss. “The amount of tax lost through non-payment and avoidance increased last year to £35bn, according to official figures released on Friday,” the Guardian tells us. Wonder where they all live.

“I can’t visualise a life without that care support”: vigil to save the Independent Living Fund.

Callout from Disabled People Against Cuts:

Video: Mary Laver (who was an Olympic torchbearer last year) requires round-the-clock care assistance, because of her severe arthritis. She explains why the Independent Living Fund is so vital to paying for her carers.

Join Disabled People Against Cuts tomorrow (Monday October 14) in support of disabled claimants challenging the government’s consultation on the closure of the Independent Living Fund. The vigil and press call will take place from 12.30pm outside front entrance Royal Courts of Justice, the Strand, London, WC2A 2LL

On Monday, the Court of Appeal will be asked to overturn the decision of the High Court handed down in April that found that the consultation had been lawful and the Department for Work and Pensions had met the Public Sector Equality Duty.

The ILF was set up in 1988 to support disabled people with the highest levels of support need to live in the community. Since then it has helped thousands to live active and full lives. Continue reading

Long term unemployment: four people in their own words. And why the word “vulnerable” needs to go.

Below, I’ve posted four transcripts from interviews I’ve done with people who’ve been unemployed for several years. (Update 3 October – 5 interviews now as I’ve added another).

But a small rant first:

One of the reasons I’m posting these transcripts is that in the last week especially, we’ve not heard enough from people who’ve actually experienced long-term unemployment. We’ve heard from people who have a lot to say (and who are paid to say it) about people who are unemployed, but I feel that we could do with more from people who know the experience.

I also feel that we need to get away from some of the language that the media class uses to describe people who have these experiences. We definitely need to get away from words like “scrounger” and “workshy.” We definitely need that. But there are days (this is one) when I feel that we also need to get away from some of the crap that the so-called liberal media sprays around.

One thing I dislike, for example, is the use of words like “vulnerable” and “the poor” in reporting on people affected by austerity. (George Monbiot will even run to “the very poor” when he gets a tail wind).

I find the word “vulnerable” particularly tiring. I used it myself to begin with and then I got very tired of it. It’s patronising from that end. It sets people apart as victims – people whose life fortunes must always turn on the actions and philanthropy of the sort of well-appointed journos, etc, who like to use words like “vulnerable.” It sets people apart as Others and as objects for a bit of a sad read and middle-class pity. I’m over it. It’s become a kind of lazy media rhetoric. It doesn’t tell people’s whole stories. It certainly doesn’t tell the story of the political class that has robbed people of wages and services. And that is my point. There is nothing pathetic about the people whose stories I’ve posted below. They are simply people who, like most people, made the terminal mistake of not being born to immense privilege and of living in an era where that mistake can destroy you if you require a wage and public services. Continue reading

Expendable people: the truth about US workfare. And some interviews with long-unemployed people.

With the appalling Iain Duncan Smith and George Osborne due to force the long-term unemployed into US-style workfare (compulsory attendance at unpaid jobs in “return” for benefits), I thought I’d post a few truths about workfare as it has unfolded in the US.

A couple of years ago, I did some reporting on US workfare with Community Voices Heard, a New York member-based group made up of people on low incomes and workfare, and John Krinsky, associate professor and political science department chair at the City College of New York City, and the author of Free Labor: Workfare and the Contested Language of Neoliberalism. I learned enough from that to know that Osborne and IDS’ plan is entirely unsubstantiated and cheaply populist. Of course – that goes for most of his plans, but this one is something else and should be twatted out of the park.

Let’s have a few facts, then. The fact is that neither Osborne nor IDS plan to help people into work (or to improve wages, or work term and conditions, for that matter) – the rubbish results of his work programme tell you that already. They plan only to make life even harder for people who are out of work and to pull off a few Daily Mail headlines at their expense. That’s the only reason that anyone would base their plans on the American experience. It isn’t about improving lives. It is about scoring cheap electoral points off a group of people who politicians see as easy targets. I’ve posted a few interviews with people who are in that category at the end of this blog. Continue reading