DWP quietly confirms ATOS isn’t working after all

For months the Department for Work and Pensions were insistent that the critics of the Work Capability Assessment – and ATOS in particular –were wrong; the Department instead said the system was gradually improving.

Now, one working day into the Westminster recess, the Department allows a major about turn to slip out. After years of condemnation from campaigners, charities and MPs, the DWP has finally admitted that the quality of some of the ATOS work is so poor that staff are going to have to be retrained and monitored more thoroughly. And, because the problem is endemic ATOS will be losing its monopoly of carrying out these assessments, with other providers picking up the slack.

Had this come out last week my colleagues and I would have been demanding that Iain Duncan Smith come to answer an Urgent Question on the matter in the Commons. But because MPs are on recess back in their constituencies, that hasn’t happened.

It turns out that while IDS and his employment minister Mark Hoban were telling MPs that all was well, they had in fact commissioned an urgent audit of ATOS in May because of concerns that an earlier smaller audit had thrown up.

We are now asked to believe that that the problem is only one part the process, not substance.

Minister Hoban now tells us that this doesn’t mean that the decisions have been wrong, rather ATOS don’t write very good reports on the individuals they are assessing. While the assessment is only part of the process of assessment, it is the DWP’s Decision Makers who wield much greater power.

But these reports establish whether or not a claim is allowed or refused. Decision Makers make their determination based on the Report they get from ATOS, and as we know, very few of ATOS’ recommendations are changed or overturned. If far too many ATOS reports are poorly written and presented, why should we have much faith in the quality of the recommendations?

by Sheila Gilmore MP, 25th July 2013: http://www.sheilagilmore.co.uk/

ATOS will remain the sole assessor until summer 2014, and, crucially there is no word from the DWP of any financial penalty for this slapdash work. The Government has rejected suggestions that the contractor should be penalised for poor performance, all the while of course saying performance was improving making this unnecessary. Instead it appears the Government will take on more costs as PriceWaterhouseCooper will be commissioned to develop better performance management systems. Who is paying what for this? Seemingly ATOS is also bringing in a third party. Are they getting more money from the Government?

The main reason given for bringing in more providers is a ‘capacity problem’. I think this has been an issue for some time. Disability Campaigner Sue Marsh, in an excellent article in the Guardian Comment is Free, points to the huge increase in numbers being dealt with by ATOS since the migration from Incapacity Benefit started, not to forget the DWP insistence on very frequent reassessments. As Sue points out it is perhaps not surprising that quality suffers.

In the last few months I have noticed, for example, that many more decisions are being made from a paper assessment rather than a face to face interview, especially in cases where people are being migrated from Incapacity Benefit. Now given the level of stress involved and all the criticism of the face to face interviews it may seem perverse to be critical when there are fewer.

One example I had very recently was a constituent sent a form to start the reassessment. She returned this in February. She heard nothing for several months and remained anxious. When she eventually got an answer to her enquiries in June it was to be told that she had in fact been reassessed on paper and was staying in the Work Related Activity Group. No change, but months of worry. Another constituent being migrated from IB got placed in the WRAG without a face to face. She appealed and got put into the Support Group. Others are just so relieved not to lose benefit altogether, and thankful to miss out on a face to face, that they do not appeal. But it can matter. A third constituent was in this position and it was only when told that he would lose benefit altogether after 12 months (because his contributory benefit ran out, and his wife had a part time job, he would not get any ESA). He was then out of time for an appeal.

There is now a considerable detriment to being in the WRAG instead of the Support Group – a lower level of payments and the time limit on the contributory benefit. So there can be a real disadvantage if the decision is made on a cursory look at the paper application, often without seeking out any additional medical n formation. Lack of capacity leads directly into poor quality recommendations

Would ATOS have won half the contract for Personal Independence Payment assessments had all of this come to light sooner? PIP roll out to new applicants began in June so it is early days yet. Yet in some parts of the country there already appears to be capacity issues. In bidding for the contract ATOS claimed to have 22 subcontractors lined up through which they would have 750 assessment centres. Recently it emerged they had only 8 subcontractors and many fewer centres, meaning people would have to travel further.

ATOS is only a small part of what needs to be changed with the ESA system. Claimants and government need improvements in the tests through higher quality, longer assessments; a reduction in the merry-go-round of repeated testing; and a long, hard think about what real support can be provided to help those who start making a journey back towards work. The return to work should be positive experience, not the punitive test it is now.

 

Written by Sheila Gilmore MP: http://www.sheilagilmore.co.uk/dwp-quietly-confirms-atos-isnt-working-after-all/

One thought on “DWP quietly confirms ATOS isn’t working after all

  1. This has come from Black Triangle. Thak you Diane. It is rather long but worth reading.

    Click to access COP%20%20O%27Donohoe%20ICIO%20Review_35751_%2020130704.pdf

    Conditions of Practice
    4 July 2013
    Name of registrant: Mrs Ingrid O’Donohoe
    NMC Pin: 92Y1112E
    Part(s) of the register: Registered Nurse – Sub Part 1
    Adult Nursing – 09/10/1995
    Interim Order to be reviewed: Interim conditions of practice order
    Outcome of Review: Order confirmed
    Decision on interim order
    The panel decided to continue the current interim conditions of practice order.
    The panel carefully considered all the information before it and heard submissions by Ms Whyment on behalf of the NMC. The panel accepted the advice of the legal assessor and took account of the guidance issued to panels by the NMC when considering interim orders and the appropriate test as set out at Article 31 of The Nursing and Midwifery Order 2001. It may only make an interim order if it is satisfied that it is necessary for the protection of the public, is otherwise in the public interest or is in Mrs O’Donohoe’s own interest. The panel was mindful that its role was to undertake a
    risk assessment based on the information before it, and not to determine the facts of the case.

    This case was referred to the NMC on 26 March 2012 by ATOS Healthcare. This is the fourth effective review of an interim conditions of practice order imposed on 17 April 2012. The allegations relate to Mrs O’Donohoe’s behaviour at Chelmsford Medical Examination Centre on 19, 20 and 21 March 2012. It is alleged that Mrs O’Donohoe’s behaviour was inappropriate when she was checking someone’s identity, and that she asked inappropriate questions of a claimant at the examination centre. It is further
    alleged that Mrs O’Donohoe became agitated and stressed and began shouting and
    (Page 2 of 2)
    swearing when carrying out another assessment. The police were called to this final incident and Mrs O’Donohoe was allowed to leave the building.
    It is alleged that this conduct was caused by a return of serious health issues.
    Ms Whyment drew the panel’s attention to the on table documents sent in by Mrs O’Donohoe’s representatives. This included:
    • A letter from Mrs O’Donohoe’s General Practitioner dated 20 June 2013.
    • “Final Report” from Occupational Health dated 26 June 2013.
    • A letter from Mrs O’Donohoe’s Line Manager dated 3 July 2013.
    Ms Whyment accepted that Mrs O’Donohoe has fully complied with all of the conditions. Therefore as there is no new information to undermine the current interim conditions of practice order, it appears to be effective, workable and adequately address the concerns raised in this case. Ms Whyment therefore invited the panel to continue the current interim conditions of practice order on the grounds of public interest, and it being otherwise in the wider public interest. Ms Whyment also asked that it remains in Mrs O’Donohoe’s own interests.
    This panel was not bound by the decisions of the previous panel on 5 April 2013. However, the panel heard no new information that undermines the continuing necessity of an order. In all the circumstances the panel has concluded, on the basis of the information before it, that there remains a risk of harm and repetition and the need for an interim order to remain. The panel noted the letter from Mrs O’Donohoe’s Occupational Health Advisor dated 26 June 2013 contained in the on-table document. This states that ‘Ms Donohoe’s health is stable at present and she will require ongoing treatment, support and follow up. Due to the nature of the condition, I am concluding that the symptoms may ‘flare up’ in the future, but I am unable to predict the frequency or severity of episodes.’ Accordingly the panel concluded that due to the seriousness of the allegations in this matter an order remained appropriate and proportionate on the grounds of public protection and
    the panel also concluded an order is otherwise in the public interest to protect the
    (Page 3 of 3)
    reputation of the professions and to declare and uphold proper standards of conduct. The panel also determined that an order was necessary in Mrs O’Donohoe’s owninterests.
    The panel next considered whether an interim conditions of practice order remains the appropriate and proportionate response in this case. The panel recognised Mrs O’Donohoe’s compliance with the conditions and was of the view that they effectively addressed the concerns raised in this case. The panel noted that both parties were content with the conditions imposed and it saw no reason to depart from them.
    The panel considered whether the current conditions of practice order would provide the necessary level of protection and concluded that there having been no material change in the circumstances of the case an interim conditions of practice order remains the appropriate, necessary and proportionate response in this matter. The panel was of the view that the public would remain suitably protected by the continuation of the following
    conditions;
    1. You shall only work as a registered nurse for Atos Healthcare;
    2. You shall use your best endeavours to provide a report to the NMC from your line manager, prior to the next review of this order, which comments on your conduct and performance as a registered nurse;
    3. You shall use your best endeavours to provide a report to the NMC from
    Occupational Health or your GP prior to the next review of this order which comments on your engagement and compliance with any management of your ongoing health care needs;
    4. You shall inform any employer or potential employer whether for paid or unpaid nursing work of the conditions imposed in this order.
    This order will run for the period remaining on the original order
    At any review the panel may revoke the order or any condition of it, it may confirm the order, or vary any condition of it, or it may replace the order with an interim suspension order. In certain circumstances, it may be possible for the order to be reviewed by a
    (Page 4 of 4)
    panel at an administrative meeting. Mrs O’Donohoe’s case officer will write to her about this in due course.
    Mrs O’Donohoe should notify the NMC immediately of any material change of
    circumstances that may affect the interim order.
    At any time, Mrs O’Donohoe or the NMC may ask for the order to be reviewed by a panel if any relevant new information becomes available.
    This decision will be confirmed to Mrs O’Donohoe in writing.
    A panel of the Investigating Committee has still to deal with the allegation that has been made against Mrs O’Donohoe. The NMC will keep Mrs O’Donohoe informed of developments in relation to that issue.
    That concludes this determination.

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