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Royal Courts of Justice: 9.30am Tuesday 26 June 2018
Join us at the high court on 26 June to show support and solidarity to the claimant taking the legal case against the government’s decision to cap Access to Work. Although the cap largely affects Deaf BSL users, Disabled people from all impairment groups have suffered through changes to the Access to Work disability employment support scheme that have made it harder and harder to get into and stay in work. The government announcement earlier this year raising the cap does not address the issue that any form of cap discriminates against Deaf and Disabled people with high support needs and while the measures announced promise to improve certain issues with the scheme, many other issues remain a problem.
We are calling on all those affected by and worried about the cap and about Access to Work in general to join us at the high court for a vigil outside from 9.30 – 10am and then in the court room for the hearing itself. There will be BSL interpretation for the proceedings.
For more information on the legal challenge:
Friday 8 June 2018; 6 – 8pm;
WeAre336 Brixton Road, SW9 7AA
While the measures announced by the government concerning the increase in the Access to Work cap are welcome, there remain a number of serious issues with Access to Work that have not been addressed and which continue to jeopardise Deaf and Disabled people’s employment.
This meeting will be a chance to share current experiences with Access to Work, plan the next steps in our campaign to improve the scheme and agree the key recommendations for us to focus on following the publication of our research and recommendations in Parliament in October last year.
If you would like to attend the meeting please email Ellen.firstname.lastname@example.org with information about any access and communication support needs.
We have checked the governments Equality Analysis and it shows that 79 people will still be affected by the Access to Work cap. It also shows us that this will be a minimal saving of 1% whilst destroying people’s careers.
We have been very clear that we want to see the cap scrapped and that no other option is acceptable.
Discrimination cannot be allowed: any cap should be rejected outright.
We are now trying to find the 79 people who will be affected by the cap. If you are one of these, or know someone that is, please put them in touch with us.
Email us: StopChanges2AtW@gmail.com
Since 2013 we have been campaigning for a cessation to the changes being made to the Access to Work (AtW) scheme. Although the scheme was never perfect, working better for some impairment groups than others, when it worked, it worked really well, supporting Deaf and Disabled people to not only get into work but to progress in their careers on a more equal playing field with non-Disabled colleagues. It’s success was in large part due to a social model approach, seeking to remove barriers to employment created by the costs of support, equipment and adaptations required to enable Deaf and Disabled people to meaningfully participate in employment.
Since the publication of the Sayce report in 2011, the government have attempted to reduce individual awards and restrict support. Publicly they have claimed they are looking to reduce what they describe as “high value awards” in order to reach a larger number of people. However, research commissioned by @StopChanges2AtW and Inclusion London found that the majority of respondents reporting cuts were actually those with “low value awards” (under 5 hours a week). Reduction of awards across the service is also just one element within much wider problems to Access to Work that have adversely impacted on the employment opportunities of Deaf and Disabled people, placing jobs at risk, leaving Deaf and Disabled people and they interpreters and PAs they employ in debt and creating additional strain on people trying their best to stay in employment.
The impact of these changes undermines the government’s own target of getting an extra million Disabled people into employment. Measures to limit spending on Access to Work such as the cap also fail to make financial sense given that Access to Work brings more money into the Treasury than it costs, in addition to savings to the NHS and social care budgets. The Sayce review – a government commissioned report – found that for every £1 invested in AtW, £1.48 is returned to the Treasury. Although the Government now dispute this figure, they accepted it at the time, using the Sayce review as the basis for justifying the closure of the Remploy factories.
Since setting up, StopChanges2AtW has met frequently with Government ministers as well as the strategic and operational heads of Access to Work, secured two Work and Pensions inquiries into AtW (the most recent in December examining the cap), initiated two legal challenges against the Department for Work and pensions (the first secured publication of the Access to Work guidance on the DWP website, the second against the cap has been accepted for judicial review due to be heard in the high court on 26 and 27 June), organised a march through London to hand in a petition to Downing Street signed by over 15,000 people, co-ordinated a parliamentary launch for our report into current problems with Access to Work (Barriers to Work) and recommendations for improving the scheme (Improving Access to Work) widely signed up to by Deaf and Disabled People’s Organisations and trade unions and worked with politicians from across different parties to raise our issues in Parliament.
During this time we have seen the 30 Hour rule scrapped, the idea of additionality (e.g where Deaf people who work in Deaf organisations were told that they couldn’t get Access to Work support because if the organisation employed a non-disabled person they would still need an interpreter to work with their Deaf clients) scrapped and now in this latest last minute change, the cap (which was previously set at £42,100) raised to £57,200. Each of these U-turns are an admission by government that their changes to the scheme are simply unworkable. They highlight the discriminatory approach that has been taken and the priorities of a government who still fundamentally do not understand the needs of Deaf and disabled people.
Whilst we appreciate that the raising of the cap will help some, it does not acknowledge that government cannot be allowed to discriminate is such an arbitrary way.
We do not feel that raising the amount of the cap goes far enough and want it scrapped altogether. Government have been asked on numerous occasions to provide a full cost analysis of the scheme as well as looking at other options to change the way the scheme is funded (e.g the AME/DEL switch). They have ignored every request to undertake this piece of work.
AtW brings in a return to treasury. There is no justification for any changes to be made to the scheme. We will continue to fight for a fair system that provides access for all, regardless of need.
Thank you to Marsha De Cordova, Shadow Minister for Work and Pensions, for raising problems with Access to Work in the recent House of Commons debate on an disabled people and economic growth – including the impact that the cap is already having:
“The Access to Work programme, when it works well, provides invaluable support, but too often I hear about problems in relation to the administration and timeliness of payments, the cap on individual awards and the assessments. Ms French is a visually impaired person. Her experience of seeking employment is that when the subject of Access to Work came up, recruiters said that the employer was in too much of a hurry and would not be able to wait for an Access to Work assessment to be completed. As we all know, Access to Work is probably the best kept secret—it helps far too few people—and it will need significantly more resources if the Government are to get anywhere near the aim of getting 1 million more disabled people into work by 2027.
In the case of a deaf person, Mr Will, he was offered a job by a Disability Confident employer. However, once the employer realised that the Access to Work support would be capped and that they would have to meet the rest of the costs, the job offer was withdrawn. Will the Minister set out what substantive action the Government are taking to support people in work? What work have they done with disabled people to ensure that this support is flexible and responsive to need? More importantly, what additional funding will the Government make available, especially for Access to Work?”
The High Court has ruled that a legal challenge of the Access to Work cap can go ahead. The restrictions were introduced by the Department for Work and Pensions to limit the amount of support that individuals can be awarded by the once flagship disability employment scheme. (1) The launch of the challenge comes just a few months after the government published its disability employment strategy with the ambitious target of getting one million more Disabled people into work (2). It also follows publication in October 2017 of research commissioned by Inclusion London which found evidence of systemic problems with Access to Work (3).
The cap which will fully come into force in April 2018 (4) disproportionately impacts on Deaf BSL users and Disabled people with high support needs, effectively removing employment support from those with the most complex needs and placing them at a disadvantage when trying to get into, stay in and get on in paid work. The case is being brought under the Equality Act 2010 with funding from the Equality and Human Rights Commission.
Claimant David Buxton said: “I am extremely pleased to learn that my case has been granted a hearing on the basis that I have an arguable case that the Government has acted unlawfully.
The two key issues being heard relate to the public sector equality duty and indirect discrimination. As a Chief Executive, it cannot be right that my career is impacted by limiting my language and communication needs because I am Deaf and use British Sign Language. There is some way to go yet but the support from the Equality and Human Rights Commission and my legal team are signs that this is a case which could challenge and change existing practices, decisions and future provision.”
Solicitor Anne-Marie Jolly from law firm Deighton Pierce Glynn who are taking the case said: “As a result of this case, the government’s decision to cap Access to Work funding will finally be exposed to the scrutiny of the High Court. Government decision-making around Access to Work has historically been lacking in clarity and transparency. In keeping with that history, the decision to cap the scheme was made with no formal consultation or adequate evidence base, despite its profound impact on those affected. Mr Buxton’s claim makes the case that the Access to Work cap discriminates against Deaf and disabled people and fails to take account of the impact on them of such a regressive move. The cap perversely impacts on those with the most demanding jobs and highest support needs, the overwhelming majority of whom are Deaf BSL users, preventing them and their employers or businesses from reaching their fullest potential.”
Campaigns and policy manager Ellen Clifford from Inclusion London, whose Disability Justice Project is supporting the legal challenge, said: “The cap is already having a serious negative impact on Deaf and Disabled people’s employment. On the one hand the Government says they want to reduce the disability employment gap and get another million disabled people into work, yet here is a disability employment scheme with a track record of success where cuts to individual awards, delays, changes and continual administrative errors are combining to the point where it is no longer a viable form of support. Deaf and Disabled people are frustrated and anxious at the risk of unemployment and benefit dependency, which will come at a much higher cost to the State than the support package they need to remain in work.”
Geraldine O’Halloran, co-founder of #StopChanges2AtW (6) said: “The idea put forward by the government that employers will pay for the support that Deaf and Disabled people need in order to do their jobs on an equal basis with non-disabled people is nonsense. However much an employer values you, the majority of employers don’t have the spare money to effectively pay to take on Deaf or Disabled staff. Yet in the bigger picture it benefits the government to invest in disability employment support with research showing that the Treasury makes a surplus on investment for every pound invested in Access to Work and that’s before the wider benefits of savings to the NHS and social care are taken into consideration.”
For information contact: email@example.com
Notes to Editors:
1) 1) The cap is set from April 2018 at £43,100 which is 1.5x the average national salary.
The research which was carried out before the cap took effect found that almost half of respondents to a survey carried out by #StopChanges2AtW had experienced changes to their Access to Work package with “cuts” or “cost cutting” as the most frequently given reason. The report also found evidence of rationing strategies being deployed at various levels including more frequent re-assessment, often leading to a reduced award, tighter eligibility criteria, and increased restrictions on the use and portability of support, especially for the self-employed. More than half of respondents said they found Access to Work difficult to use, with one in four reporting severe difficulty. Many respondents said they effectively lost support because the processes for claiming Access to Work has become so complex and protracted with a dramatic rise in administrative problems so that the scheme was no longer a viable form of employment support. Nearly all of those experiencing changes said they had impacted negatively on their work, reducing their standard of work or their productivity. In the worst cases people had lost their job, turned down work or reduced their income as a result of the changes. Many respondents reported a personal, as well as professional, impact from the changes: through stress, poorer health, and loss of self-esteem or confidence due to feeling “like a burden”.
4) 4) Mark Harper, then Minister for Disabled people announced the introduction of the cap in March 2015:http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2015-03-12/HCWS372/
5) 5) The Sayce Report which was backed by the Government gave a figure of £1.48 back to theTtreasury for every £1 invested in Access to Work.https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/49779/sayce-report.pdf
6) 6) StopChanges2AtW is a campaign led by Deaf and Disabled professionals and British Sign Language interpreters to oppose the increasingly adverse impacts of changes and cuts to the Access to Work scheme brought in since 2014.https://stopchanges2atw.com/
StopChanges2AtW response to the governments “Improving Lives: The Future of Work, Health and Disability” green paper on Access to Work
We have now seen the governments green paper “Improving Lives” which lays out the planned improvements to Access to Work. The paper states that the scheme will be significantly enhanced over the next year. The improvements being proposed are:
• a trial of managed personal budgets will offer even greater personalisation;
• we will create a new expectation that equipment will be portable and move with the individual when they change jobs and allow people to apply earlier so that support is in place for job starts;
• we will work with schools and colleges to ensure that young disabled people are aware of the help they can get from Access to Work and can use supported internships and other first steps into work, including work experience where this may lead to a job;
• we will significantly increase the capacity of the Mental Health Support Service to meet the rising demand18;
• for those with the greatest needs, such as some British Sign Language (BSL) users, we will offer a personalised service. They will be able to access support of up to £43,100 per year from April 2018, and will be offered new managed personal budgets as well as workplace assessments involving their employers, to help them meet their needs within their award levels. Deaf customers will be supported by a dedicated team of specialist advisers;
• we will also work with disabled people, their families and relevant organisations (including social enterprise employers) to develop new targeted support for learning disabled social service users and secondary mental health support service users.
Whilst some of these may seem to be sensible suggestions at first glance, we are concerned about the unintended consequences which, as previously with the 30 hour rule, have not properly been considered.
We have seen several ombudsman complaints (which were all upheld) that demonstrated the amount of stress being placed on the recipients by the scheme. One of the main issues with budgets have been the prescriptive way that these have been administered, however we are not confident that advisors will have been trained sufficiently to support further personalisation. There is a fundamental lack of understanding over different groups needs and we have not seen enough to show that this has been properly acknowledged. We do not wish to see additional pressure being placed on individuals. It is also worth noting that until the claims procedure is overhauled it remains inaccessible. We would want to see how personalised budgets will work and ensure that there is no risk to the individual. For example, BSL users are responsible for contracting interpreters rather than AtW and if a mistake is made then they will legally be liable.
Whilst we are pleased to see the needs of BSL users being considered, AtW have previously had a specialist Deaf team: they weren’t adequately trained and misunderstood the role of an interpreter and the needs of deaf users.
The cap will affect BSL users disproportionately and “working with employers” sounds very much like the “job redesign” that was previously attempted by AtW and heavily criticised. Deaf people were having their jobs changed to accommodate the budget available for support – this goes against the original aims of the scheme and is disempowering deaf employees and their right to a fulfilling career where they are able to progress.
We note that the improvements state that AtW will work with families and organisations along with the disabled person. Again, our concern is that this could disempower the individual if this is not done well.
Unfortunately many of these improvements will not solve the issues created by recent government changes to the scheme which, prior to 2010, was considered the governments “best kept secret”.
The cap and working with employees, strikes very much as a second attempt to bring in the ’30 hour rule’ and ‘job redesign’ by another name. We are very concerned about the future of employment support for Deaf and disabled people and urge the government to consider the recommendations made alongside our recent ‘Barriers to Work’ report.
I would like to send my apologies for being unable to join you this evening due to the change in timeslot which now clashes with another engagement. I know that you will be covering some very important issues and I look forward to receiving feedback from your discussions.
It is hugely important that we break down all barriers preventing people from succeeding in their careers. That is why Access to Work is so important and I was delighted that Labour, in our manifesto this year, committed to commissioning a report into expanding the Access to Work programme. We must do everything we can to support disabled people start and stay in work and must not allow them to lose out due to the cap.
This includes those who are deaf or hard of hearing, who I have been long campaigning for and deserve equal rights and treatment. Deaf people are already discriminated against through all areas of their lives including school, and integrating everyone in the workplace is good for the economy, good for social inclusion and good for individuals’ mental health and wellbeing.
I am passionate in my belief that equality is equality, you cannot pick and choose. In my new role as Shadow Minister for Women and Equalities I will be fighting hard for the rights of everyone, no matter their background, disability or other characteristic and I look forward to continuing working with colleagues and others I support of this vital aim. I hope you have a good evening.
Dawn Butler MP.
There are regular arguments that Access to Work rely on to justify the changes being made to the Access to Work (AtW) scheme. We would like to address each of these here.
Fraud/AtW administrative issues:
Access to Work fraud is often cited as a reason for needing to change the system. According to statistics printed in 2014, provided anecdotally by AtW officials (https://www.disabilityrightsuk.org/news/2014/January/appdg-meets-Mike-penning), fraud stands at less than half percent (0.3%). Current DWP published statistics on fraud do not include any data on AtW.
The administrative system the scheme uses is wide open to fraud (read article here). This has been raised by BSL/English interpreters on several occasions since 2013 directly with AtW officials. Deaf clients and interpreters were anxious that they might unwittingly get caught up in fraud and requested guidance and procedures they could follow in order to safeguard themselves. This was never provided by AtW. (Further reading available at bottom of post, see links 1-3).
More recently, the National Union of British Sign Language Interpreters (NUBSLI) have tried to sort out numerous problems with the payment system with AtW (further reading available at bottom of post, see links 4 – 5), which highlighted the lack of any robust financial controls. Some of the issues raised were: no remittance advice being received, payments being revived with no invoice numbers meaning no reconciliation could be done, partial/under/over payment of invoices. Further to this, interpreters who have been owed money have not been paid statutory late payment fees (the government have been in breech or their own rules). A Freedom of Information request asking for the internal audit recommendations made on the scheme was refused on the basis of public interest and is in the process of being appealed.
The system used, is not accessible. AtW have recently stated that they have moved over to a digital system, however no one we are aware of has been offered or is using this.
Due to the lack of accessibility of the claims process, many claimants rely on the support of others to complete their forms. They are being asked to sign something that they do not know is correct or not. Similarly, Deaf claimants are being asked to enter into a contractual relationship with interpreters without understanding this. If AtW doesn’t pay then they are personally liable for any interpreters fees. Many deaf people aren’t aware of this. It is only good will that has prevented interpreters taking Deaf people to small claims court. The government has taken advantage of AtW being a discretionary grant and the arrangements place deaf and disabled people at risk.
AtW say they have only received eight complaints during September (2017). According to an FOI response: “The reconsideration process applies to decisions and the complaints process applies to other aspects of our service delivery as explained in the answer to FOI 3293. If a customer is unhappy with a decision they should request a reconsideration or, for example, if they are unhappy with the service they received they should complain. Once the reconsideration process is complete a customer cannot make a complaint about the decision at tier one or two”. 
“Reconsideration” is in itself a claimant making a complaint about the level of award they have been offered, yet these figures are not made available. Again, an FOI has been submitted and we are awaiting a response.
The cap being introduced is considered reasonable by AtW who say that no one person should receive in support costs more than one and a half times the average worker’s salary. They believe that by limiting the support rewarded to each individual they can “invest in reaching more people”.
There are several problems with this:
• It disproportionately impacts people who have higher support needs and is therefore discriminatory in nature.
• It limits AtW users ability to progress in their careers and creates a glass ceiling. Deaf and disabled people should not be disadvantaged by their access needs and have the right to be ambitious.
• Successful Deaf and disabled professionals encourages others to enter the job market.
• The government is encouraging people to take jobs that are manual or unskilled setting the disability movement back 30 years, when deaf job clubs were used.
It is widely accepted that Access to Work brings the treasury a return on investment. (See the Sayce report and the select committee report into AtW). Whilst the amount has been contentious, this fact has never been shown to be untrue.
Therefore the argument that reducing support will serve more people simply does not follow. The scheme does not impact on the governments spend, in fact it brings money in. It is for this reason that more people should be encouraged to use the scheme.
- DWP finance meeting 8 February 2016
- Meeting with DWP 16 November 2015
- NUBSLI evidence to Select Committee
The long awaited report from the Parliamentary and Health Service Ombudsman was released yesterday (25th October 2017). Read it here. Whilst the report remit was to investigate the complaints made about the DWPs handling of claimants awards, it fails to put this in the wider context of a scheme that brings treasury a return on investment. A repetition of the governments rhetoric of the need for cuts has diminished the complainants longer term concerns. Who, having undergone difficulties for the past three years, are now set to experience yet more problems in accessing the support they require.
The PHSO recognised that the effect of changes to the scheme “was a series of flawed decisions that underpinned a change in operational approach which had a particularly detrimental impact on some members of two specific groups of people: deaf and self employed customers”. (p.9)
Following this, the report states that “in the context of increasing demand and limited resources, it can be tempting for Departments to look to make immediate savings by focusing on the most expensive cases and making cuts to these”, however the report affirms that the government accepted all recommendations of the Sayce report which is where the return on investment was first published. We therefore question the need to make any cuts to support as the scheme is not only self funding, it actually brings money in.
The government have disputed the Sayce figures (which contradicts the point made above) yet have never done a full cost analysis of the scheme. This was previously called for by the DWP Select Committee inquiry (read the report here). It is disappointing that the PHSO didn’t consider asking why a full cost analysis had not been provided or how they intend to mitigate the cap, which goes against why the scheme was originally established.
We were disappointed that the PHSO has been so slow to produce this report and that in it has needed to recognise many of its own failings.
This report is very disappointing in its lack of recommendations. The AtW scheme is “not fit for purpose” (read our Barriers to Work report and recommendations) and this has been a missed opportunity for the many deaf and disabled clients who had put their hopes in this process.