Appeal hearing Nash vs the One Barnet privatisation programme

From the Barnet Alliance For Public Services:

Join us for the appeal hearing to keep fighting Barnet Council’s mass-outsourcing programme: Monday and Tuesday 15 and 16 July, 9:30 for 10am start, at the High Court, The Strand.

Please support Maria Nash, who is fighting a legal battle for us all, to stop the undemocratic privatisation of Barnet by Crapita. Your council could be next! And probably will be at this rate.

For more information and to offer your support, see: http://barnetalliance.org/

The Appeal on Monday is listed before The Master of the Rolls, Lord Justice Davis and Lady Justice Gloster at 10:30am in court 71.

Background

On 7 May, lawyers acting on behalf of Maria Nash lodged an appeal against the refusal to allow a judicial review of the One Barnet programme. The One Barnet programme is a widely-discredited Barnet council plan to privatise council services. Major contracts have already been handed to Capita. The refusal to allow the judicial review was made on the technical grounds that the request for a judicial review was brought out of time.

The court has issued the appeal and it has been served to Barnet Council’s lawyers, to Capita and to the other parties.

The legal team is confident that the grounds for the appeal are promising. The appeal is based on the substantial endorsement of Judge Underhill of Maria Nash’s argument that Barnet Council had failed to consult residents about a fundamental change to the way Council services are delivered and governed, under the One Barnet outsourcing programme. Maria Nash was granted legal aid for the appeal and she is now waiting for a hearing date from the Court of Appeal.

The legal team will challenge the judge’s ruling on delay, arguing that he has not followed a House of Lords ruling on what is meant by a “final decision”.

Twitter: #BarnetJR

Latest New Statesman article on austerity and cuts

Our latest article is here – part 4 of our series on public sector cuts and the destruction of social security. This week – the fight that ESA claimants have had to put up to get their Atos work capability assessments recorded and the confused advice that the DWP and Esther McVey have put out there about not offering recordings for Personal Independence Payment face to face assessments:

“For a long time now, employment and support allowance claimants have demanded the right to record their face-to-face assessments with outsourcing firm Atos. As well they might. With a recording, people are able to demonstrate beyond doubt what was said at assessment – an important facility, in light of Atos’ much-discussed form in returning fit-for-work decisions and reports that ignore a claimant’s true circumstances and shared details. No wonder the Department for Work and Pensions (DWP) recently turned down a FOI request to find out how many people have died while going through the assessment process.”

Read the rest here

Mental health, Falkirk and the diversions of the political class

Here is another update from life on the social security cuts scene and a few thoughts from myself…

This time – mental health.

Below you will read about the sort of shit that continues to go down for people who are fighting cuts and/or having to live them while their union-baron and Labour saviours fanny about with Falkirk…newspapers full of all of that this week and nothing on the sort of story you’ll read below. I can’t stand that shit. I really can’t. Fantastic union members and activists all over are working round the clock to fight privatisation and massive job and service cuts and all we get to see on the news at the moment is shot after shot of Len McCluskley and Ed Miliband playing Biggest Penis. That’s leadership for you in a time of crisis. I really hope something extraordinary results from the Falkirk washout – something, perhaps, like a consensus on the reasons why Labour didn’t repeal Thatcher’s draconian anti-strike legislation during the party’s 13 years in power – a move that would have made it more possible (or less impossible, at least) for the “ordinary people” who everyone is suddenly so terribly concerned about to defend their jobs and salaries from Tory destruction.

Whatever. What would I know. What I do know is that while all that leg-lifting and dickswinging goes on, ordinary people and ordinary families deal with situations like this one I’m about to bitch about. This has all been happening while Falkirk has been happening. The difference is that nobody at that end of things gives a fuck.

Anyway:

I was (life being cute) returning from a meeting with Newcastle mental health service users and workers when I read about the DWP’s latest wheeze: the department had been granted leave to appeal the recent Upper Tribunal decision on its responsibilities to ESA claimants with mental health conditions. You may recall that this action against the DWP was brought by the Mental Health Resistance Network last year. 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. Not everyone who has a mental health condition is always in a position to source their material, said Low-Beer: “Conditions fluctuate in seriousness, or [people] cannot easily talk about their disability.” That meant people could be found fit for work without their whole medical histories being taken into account.

The courts agreed – but it seems that is too bloody bad, as usual. The DWP wants the decision overturned: “we disagreed with the Upper Tribunal’s original ruling,” the department told me this week, via an email that I felt like kicking through my laptop, “and are pleased that the Court of Appeal has given us permission to appeal.”

So. Isn’t that fantastic. No matter that the change may improve things even slightly for people who must go through the dreadful work capability “process.” No matter that the change 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 to wildly oversubscribed, increasingly costly, tribunal appeals. Even some of our biggest rightwing wankers could surely see the attraction of that.

But no. “We believe we have made – and continue to make – significant improvements to the work capability assessment process for people with mental health conditions,” the department blathered.

My answer to that – as it has been for a while now – is “prove it.”

BLOODY

WELL

PROVE

IT

Twats.

—————–

I mean something quite specific by that, too. Because, you know – for the last eight or nine months or so, a group of mental health service users and support workers and I HAVE been trying to make the department prove that it has made improvements to WCAs for people with mental health illnesses.

As I have written elsewhere, me, and campaigners from the voluntary sector consortium group Mental Health Northeast (MHNE) and the Newcastle user-led mental health support group Launchpad have been trying in particular to make the department prove the effectiveness of so-called Atos Mental Function Champions (MFCs). What a caution this exercise has been.

For those who don’t know this hopeless story – MFCs were “introduced” into the ESA work capability assessment process, on a Malcolm Harrington recommendation, to “improve,” somehow, WCAs for people with mental health illnesses. MFCs would, according to Atos, “spread best practice and provide advice and coaching to healthcare professionals at any stage in a case” where an ESA claimant had a mental health illness, learning difficulty or cognitive impairment.

Last year in November, Mark Hoban told parliament that he’d introduced an MFC into every assessment centre in the country. Actually, he hadn’t. The DWP told us that there were 60 MFCs across the country and that they largely worked a phone advice line – to “provide advice and support to Atos assessors, spreading best practice, and building links with appropriate stakeholders in their area,” whatever the hell that meant. Since November last year, our group has tried and tried to find out exactly what that meant – how this MFC role works for people with mental health conditions and indeed if MFCs have “improved” assessments for them, and how anybody could tell.

This hasn’t gone well.

Our group has not been able to find any concrete evidence of performance measurements or reporting for the MFC role at all. Despite repeated requests, the DWP could not produce that information and finally admitted that Atos “did not report back to the DWP on things like that.”

This is extraordinary. The MFC role is an important formal concession that the DWP and Atos have made to the monumental concerns raised about the WCA experiences of people with mental health illnesses – but the DWP wasn’t formally monitoring it. ESA claimants did not see MFCs and were not assessed by them: MFCs were there to advise and support Atos assessors only. It’s all very well saying that MFCs were “a great resource” but how would anyone know that? How would the DWP? How would we? Let’s not forget that coroners and GPs have reported that people are committing suicide or attempting suicide because of their experiences with work capability assessments. I mean to say. Jesus Christ, you know. It doesn’t get much more serious than that.

In April, after months (six) of asking, MHNE and Launchpad managed to secure a meeting with the DWP and Atos in Newcastle. One of the two members of the Atos contingent was, it was said, an MFC. The DWP confirmed at the meeting that it didn’t formally collect data from Atos on MFC performance. Atos said that it kept records of calls to MFCs and logs of questions raised with MFCs by Atos assessors – but that it wasn’t prepared to make any of that information public. Which is entirely useless. What’s the point of this role if nobody can see whether it works or not, or what sort of questions Atos assessors are asking of people in it? How can people with mental health illnesses be reassured that their issues are being understood by their Atos assessor if they have no idea what sort of advice MFCs give, or what sort of questions Atos assessors ask MFCs before, during, or after assessments? How can anyone know what the fuck is happening, except the people who are in charge of the “process” and won’t tell anyone what they’re doing?

Other points of note/concern that came out of that meeting:

* Atos and the DWP were unable to provide any specific information on how MFCs were recruited (which seemed bizarre, given that one of the Atos representatives at the meeting was an MFC)

* MFCs are not required to have formal qualifications in mental health. The minimum requirement is that they have some postgraduate experience in mental health.

* To train for the MFC role, Atos HCPs take a two-day Atos inhouse self-facilitated training course.

Which takes me back to the start of all of this. It is GROSSLY unfair that the DWP would want to overturn a tribunal decision that would make claimants’ lives easier and fairer. Unfortunately, Fair isn’t the point of most policy exercises in this charming day and age. I’ve talked with quite a few people with severe mental health conditions in the last couple of years and Fair isn’t the word that comes to mind when they explain the things they have to deal with. Words like Throwing People Off Social Security At All Costs and Total Dismissal By The Political Class come to mind. I’ve talked with people who are dealing with cuts to support services, homelessness, the closure of their supported living hostels, their councils lying about finding them proper accommodation, community mental health teams being too overwhelmed to help and endless other shit that makes austerity so great. This is not, please, to say that I think people with mental health conditions are pathetic and hopeless and can’t function. It is quite the reverse. It is to say that I keep talking with people who tell me that back in the day – when they had reasonably secure housing, reasonably regular counselling, contact with supportive professionals and a bit of income, life was possible. As those things have gone, life has quickly become less possible.

“The first thing we try and do when someone is in crisis is to try and find them some sort of secure housing,” a northeast welfare rights advisor told me recently as she explained why people with mental health conditions were struggling – with benefit cuts, with preparing themselves and their paperwork for work capability assessments when they’d just been released from hospital and needed places to live and so on. “If you can get people into secure housing, you can start building things from there. They can have an address and they can have that stability.”

I can believe it. Here’s someone who didn’t have that stability – a guy called Pete Gyte*, who I spent several days with in Weymouth last year (I met him at the Soulfood kitchen, which serves free meals for people who are struggling for money). He’d been on and off the streets for some time as he battled the worst of his depression and drug and alcohol addiction.

“I actually went round to the council one morning,” he told me as we sat eating breakfast (DON’T TELL THE GLORIOUS LORD FREUD I GOT A FREE SLICE OF PEANUT BUTTER TOAST THERE PLUS ONE CUP OF TEA BECAUSE HE’LL THINK I WENT FOR THE FUCKIN FREEBIES HA HA HA), “because I was so done in from sleeping on the pier. It was chucking it down with rain – gale-force wind – and I only had 30 minutes’ sleep, because of the fucking generators going on the bastard ferry. I walked into the council and I said “why don’t you just take me to the hospital and give me a lethal injection?””

I’ve been to several work capability assessments now with people who have severe mental health conditions. One man – Stephen – had a long-term schizophrenia diagnoses. That diagnoses wasn’t mentioned in his final report (he challenged that fit-for-work decision and won on appeal. He went from zero points in his initial assessment to an placement in the support group at appeal. That’s how accurate and consistent this Atos rubbish is). “I do have suicidal thoughts and I get really depressed, but I usually manage to talk myself out of it. I tell people that I’m a member of society, but I feel on the fringes of it, as if I’m an outlaw and not in the mainstream. I do hallucinate [especially at night]…I see things like giant squid and things like that…I think I’m being eaten alive…. the drugs, the Sulpiride I take, it’s got quite bad side effects in that my limbs shake every night when I go to bed and keep me up half the night anyway. It has basically gone on since I was 18.”

Needless to say, Stephen’s most “productive” (surely the favourite word of the political class) years were the ones in which he had decent support.

“When I first got out of hospital, when I was 18, I was given a job by my dad, so that he could look after me day to day and see how I was doing.” He also did well at university, when onsite counsellors were regularly in touch, to make sure he was getting through his work okay. He says that support meant that he was able to finish his degree. But then the support fell away, so everything else did. “Since then, I have either worked part time, or gone into full time education, or basically been on training schemes, or been on the welfare state. The labelling [as someone with schizophrenia], stigmatises and discriminates against you in the minds of employers. I’m in my 50s anyway and that’s another thing against me…and what it has meant is huge great holes in my CV which have been covered by little bits of volunteering.”

Right at the moment, I’m speaking with Maggie, who also has a long-term schizophrenia diagnoses. She’s been on incapacity benefit, but has been told that she’ll be moved to ESA and will be called to an Atos face-to-face assessment.

She’s terrified of that assessment and has not had an easy history.  “I was diagnosed with schizophrenia in 1997. It’s hard to tell the difference between what’s real or in my head with paranoid schizophrenia. Seeing things that aren’t really there. Hearing voices in your head and things like that. Suspicious of what people are thinking. Not knowing what’s real and what’s not. I first had my breakdown when I was 21. I’m now on daily medication. I was sectioned in 1997.

“I go out shopping, but I don’t really like it. It is hard, going out. If you have schizophrenia, you see the world differently. You are very suspicious of people. So, it’s hard when I go out, but I force myself, because I think if I don’t go out, I’ll feel isolated and I won’t be able to cope with anything and deal with everyday life.”

She’s obviously concerned about the assessment and asked if it was true that people’s benefits could “just be cut off.” I’ve been in email contact with her and her partner again in the last week or so. On and on it goes. I can see where all this is heading. It won’t be long until some political worthy tells us that all anybody with conditions like severe depression or schizophrenia needs is a slap in the face and a few months of homelessness and then they’ll wake up to themselves. Cured. Fixed. It’s a miracle.

ON IT GOES.

But, you know – nobody who has the power to change these things gives a shit. So – let’s just devote some more time and endless column inches to the Len and Ed pissing contest and act like it’s all for the benefit of people in need. Let’s just make that the priority. Let’s pretend that Labour isn’t wedded to social security cuts and privatisation and that senior union officials – three years into these cuts – are suddenly of a mind to fight austerity. Let’s just do some more of that. Because that is really working for me.

Lies, damned lies and Iain Duncan Smith’s “statistics”

Very good idea and work from Disabled People Against Cuts here:

Soon, the Department for Work and Pensions will releasing its Annual Report.

Iain Duncan Smith and his henchministers will no doubt be touring the TV studios to deliver more propaganda about worklessness and the “workshy” and so on. Plenty of this will be made up as usual.

Disabled People Against Cuts has decided to celebrate the release of the DWP Annual Report by releasing a report of their own.

It is a report into how the DWP and DWP Ministers have made claims which are simply untrue. DPAC has selected 35 claims and and found clear evidence that these claims have no basis in the facts.

Highlights (if you can call them that) include IDS claims like:

“On average every week there are half a million new jobs coming through at the job centre.”  A Full Fact investigation came up with a series of figures that suggested the number was substantially lower.

“These figures show that the benefit cap is already a success and actively encouraging people back to work.” In response, Channel 4’s Factcheck said: “In order to know how effective the policy had been, we would need to know the rate at which people on benefits worth more than £26,000 went into work before the letter announcing the changes was sent, and compare it to after the letter was received. But those figures aren’t available. The DWP doesn’t collect them. The Institute for Fiscal Studies, or the Work Foundation, both of which have researched employment, unemployment and benefits, didn’t have them either.”

There are plenty more of these “Iain Duncan Smith facts” – read the full DPAC report here

When you next see Iain Duncan Smith on the TV News, ask yourself – is he lying? or is he simply making it up out of thin air again?

Answer: lying.

The bedroom tax, the northwest and political meltdown

Our latest cuts piece in the New Statesman – this one is a collection of interviews with people I spoke to the week before last about their experiences with the bedroom tax. They’ve been cut loose by politicians, as you might expect. Making sure that people who aren’t very well off are securely housed is not one of austerity’s priorities.

“This tax targets people who know how to fight for improvements and rights as a community – older people like Roach and Jill, who campaigned for better housing and now work in a community centre that runs bedroom tax surgeries and provides hot meals for people who can’t afford them. Many of the people at the largely tenant-led bedroom tax meetings across Merseyside are middle-aged or older. They’ve been in the same homes for many years and have so-called “spare” rooms because their circumstances have changed (often their kids have grown up and left). Because they’ve been around for a while, they have networks in their neighbourhoods, contacts and a lot of experience in seeing off threats. You can see exactly why politicians of all stripes would want to target them with a bedroom tax and break them up.”

Read the rest here.

Closure of the independent living fund

Latest article in our New Statesman series on cuts to services and the people who are directly affected. This article is about the closure of the Independent Living Fund – a fund which pays for extra carer hours for people who have severe disabilities. Quite the charming political class we have, nodding all of this through.

Says Penny Pepper in the article:

“I’m actually working on a piece about Godwin’s Law, because I think this is quite scary. I really do. It does have parallels. Like the Colin Brewer [issue] – unbelievable.”  It’s one of the reasons that Penny speaks fervently against assisted suicide (she writes in more detail about this below). “I’m not against suicide – I think that suicide is everyone’s right. I’m completely against any change to allow doctors to assist with suicide. It it’s too dangerous and that is what the doctors in you saw in Nazi Germany did.”

Barnet campaign & lobby to save disability support services

via Barnet Alliance for Public Services

The Campaign Against the Destruction of Disabled Support Services was set up by Barnet residents to protest against deteriorating social care provision in the London Borough of Barnet.

At the moment, the group is focusing on the plight of severely disabled adults facing drastic changes to their social care, which Barnet Council is responsible for providing. Neither they nor their families have been consulted about these changes which will have a great impact on their lives.

Lobby Your Choice Barnet Board, Wednesday, 29 May 2013
Barnet residents and members of CADDSS will be lobbying the Your Choice Barnet Board meeting on Wednesday, 29 May at 6 pm, in Committee Room 2, 1st Floor, Barnet House, 1255 High Road, Whetstone, London N20 0EJ. We will ask why service users and their families have not been consulted about the changes the Board is proposing.

Background information
Your choice Barnet was set up by Barnet Council as part of the One Barnet Programme of outsourcing to provide services for adults with disabilities. It is failing financially and its proposed solution is to restructure services and reduce the number and skill level of staff.

These changes mean people who need care will have the number of days they can attend day centres reduced. Care will be provided by under skilled workers. There will be inadequate incontinence care at night in residential care units. There will be fewer opportunities for activities in a safe environment.

People needing care will be put at risk of social isolation and damage to their health and well-being. Their carers will suffer from increased stress.

JOIN US on the lobby of Your Choice Barnet board, Wednesday, 29 May 2013, 5:30 pm outside Barnet House 1255 High Road N20, 6 pm in Committee Room 2, 1st Floor, Barnet House, 1255 High Road, Whetstone, London N20 0EJ.

Petition to bring services back in house
CADDSS is urging people to sign the petition demanding that Your Choice Barnet services are brought back in house.

EDL protest Monday May 27 2013

I decided to head down to Whitehall this afternoon to take a look at the protest. I started off outside the pub where the EDL had gathered and decided to follow them down Whitehall. I was kettled in on the EDL side for a while and finally left with my press pass. Got the video below while I was in there. I’ve posted it so that people can see what went on and the sort of numbers there etc.

I found it chilling. Things started off pretty small, as you’ll see and I was thinking This Isn’t Going To Be Much, but then at about 3pm, a much bigger group of EDL protestors arrived from the Trafalgar Square end, pushed through the police lines and joined the group that was heading down Whitehall. I’ve seen estimates of about a thousand EDL protestors and feel that number was probably about right.

There are several possibilities here. One is that these marches are opportunistic and will fizzle out. Two – that this sort of turnout is indicative of wider hatred and that a lot of us will start seeing the fallout from that in our neighbourhoods. I’d switched off a bit in the last few days, because I found the reporting of the Woolwich murder gratuitous in the extreme and thought the mainstream press was actively trying to whip up confrontation.

Anyway. I found today pretty grim, as I say.

Vigil in support of bedroom tax claimants

A vigil will be held tomorrow morning (Wednesday 15 May 9.30am) outside the Royal Courts of Justice in support of claimants taking a challenge against the Government’s ‘Bedroom Tax’ called by Camden United for Benefit Justice, Disabled People Against Cuts, Single Mothers’ Self-Defence, Taxpayers Against Poverty, and WinVisible (women with visible and invisible disabilities).

The ten claims, made by a range of people affected by the Bedroom Tax which came into force from 1st April this year, will be heard together over three days starting on Wednesday 15 May.

Like two thirds of the 660,000 people affected by the bedroom tax nationally, claimants Jacqueline Carmichael and Richard Rourke are disabled people.

Jacqueline who has spina bifida is not able to share a bed with her husband and as there is not enough space in her bedroom for a second bed he sleeps in a second bedroom. The couple have been awarded a Discretionary Housing Payment to cover the 14% under-occupation penalty on their housing benefit that came in from 1st April but this payment will only last 6 months and they do not know how they will meet their rent when it ends.

Richard is a wheelchair user whose disabled stepdaughter lives in university halls of residence during term time. He uses his third bedroom to store equipment including a hoist, power chair and shower seat. He has had his housing benefit reduced by 25%, on the basis that he is under-occupying by two bedrooms but there are no suitably adapted properties for him to move to in either the social rented or the private sector.

The challenge comes less than a week after the Sunday People told the story of how disabled mother Stephanie Bottrill tragically took her own life after being ordered to pay an extra £20 per week under the government’s vicious bedroom tax.

Jamal Rosenberg from Disabled People Against Cuts said, “This unfair, unjust policy does more than affect disabled people, it targets them. The government knows that if everyone caught by this policy tried to move tomorrow they couldn’t because there aren’t enough smaller properties available and there aren’t adapted properties accessible to disabled people. To plough on in the knowledge of the destruction this policy will cause to lives and communities is heartless. We support the claimants taking the legal challenge but it is for all of us to fight back and say, this is not acceptable.”

For more information about the hearing:

http://wearespartacus.org.uk/bedroom-tax-hearing-starts-15-may/

http://www.leighday.co.uk/News/2013/March-2013/Government-lose-Bedroom-Tax-challenge-decision