Aug 222011
 

Atos are the French IT outsourcing company who’s Atos Healthcare arm have been running Work Capability Assessment for the Department of Work and Pensions.

Lots of people are unhappy about Employment Support Allowance, about the assessments, and about the way that Atos run them. There have been protests outside Atos offices using slogans such as “ATOS kills” to express their feelings. Lots of people have explained why they are unhappy with Atos in blogs, on social networks, and in support forums.

It seems that Atos don’t like this. They have started issuing legal threats, and they have succeeded in shutting down some of their opposition. Various websites and forums have spoken out against ATOS and collected personal stories about them. After ATOS first received a take down request in May 2011. Atos lawyers recently threatened legal action against Paul Smith who runs the “Atos Register of Shame” website, accusing him of libel and claiming that “This is a direct attack on Atos and the name of the website in and of itself is implying that Atos carries on its business in a manner which is shameful.” You can see a take-down letter from Atos here.  http://issuu.com/atosvictims/docs/legal_letter_from_atos?mode=a_p

They have also shut down a support forum for carers, CarerWatch, by contacting their server host directly and having it taken down. This has removed a vital support network from many carers, presumably because of private discussions about Atos in members only parts of the forum. Apparently people are not even allowed to talk about Atos now, despite needing to do so to support each other when going through tests administered by Atos.

Following this action against them, CarerWatch have published their reply to Atos, which I reproduce here. (I hope they won’t mind.)

21st Aug 2011

FAO  – ATOS Legal Department

CarerWatch is an internet forum for sick and disabled people and their unpaid family carers. This is a private forum and only members are allowed to make/read posts.

We understand from the organisation that hosts our forum that they received a letter from your solicitors threatening to sue us for libel. The provider immediately closed our site down.

We have many members who are very fragile and the sudden disappearance of a support group has caused a lot of distress and fear. Some are ringing us in tears. We cannot get in contact with all of them though as we have lost their contact details through the closure.

All this distress could have been avoided if you had had the courtesy to contact us first and tell us what had been posted on our site that you considered libellous. Obviously if any post was possibly libellous we would have removed it and all this distress could have been avoided.

We imagine this distress is unintended and hope you will work with us in looking at the problem and finding a solution.

Please note that this letter, and any reply received from yourselves, will be posted on our website. It is the only means left to us to reach some members and keep them updated.

It is vital we have our forum up and running again to reach those that are isolated.

Frances

On behalf of CarerWatch members

Obviously, I don’t want my website taken down. I have been careful to state only known facts here. These are the facts that I know.

  • Atos Healthcare carries out Work Capability Assessments for the DWP.
  • The contract is worth approximately £100 million per year.
  • There has been a sharp rise in people found fit for work
  • There has been a sharp rise in people appealing that decision
  • 40% of those that appeal, win, rising to 70% with legal representation.
  • Although the decision over “fit to work” lies with the DWP,a government review found that the DWP are institutionally incapable of overriding the Atos Health Care Professionals. The Atos recommendation is, in effect, the decision.
  • Atos employ Health Care Professionals to carry out the assessments. HCPs are a mix of doctors, physiotherapists and nurses. Only people with certain problems will definitely see doctors.
  • Atos use their own Lima computer system to record the patient’s answers. Lima has been widely criticised.
  • The HCP fills in Lima by choosing keywords and statements from a list and then justifying them.
  • An Atos recruiter said “We don’t call them patients . . . We call them claimants.”
  • Twelve Atos doctors are under investigation by the GMC over allegations of improper conduct.
  • Two Atos employees are under investigation after referring to patients as “parasites” and “down and outs”.
In the end, although there is much to criticise with the way that Atos carry out ESA WCAs, they may really only be doing what the government expects of them. The descriptors that are used to make the decision of whether a person is fit for work or not are set out in the by the government. (See The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011) I personally question whether Atos accurately records if a patient fits the descriptors or not, and their ability to do so given the way that Lima Works or the staff that are used. Even if they do make an accurate record in line with the government’s descriptors, it is questionable whether the descriptors are an accurate description of being fit for work or not. Even then, it seems that decision makers at the DWP are “institutionally incapable” of taking into account all of the relevant information for the case as they are supposed to, instead simply rubber stamping the recommendation made by Atos. It would seem that the appeals tribunals are making a fairer judgement on this issue than Atos or the DWP.
Cross posted from Tentacles of Doom.

admin3

  5 Responses to “Atos moves to shut down criticism”

  1. [...] employees have been exposed as describing those being assessed as “parasites”. Plus a whole host of other complaints and concerns that collectively make people a little less than [...]

  2. It sounds like Fascism.

    First they came for the Socialists, and I did not speak out –
    Because I was not a Socialist.

    Then they came for the Trade Unionists, and I did not speak out –
    Because I was not a Trade Unionist.

    Then they came for the Jews, and I did not speak out –
    Because I was not a Jew.

    Then they came for me — and there was no one left to speak for me.

    When are they coming for YOU!

    We must stand united against Tyranny.

  3. [...] Atos moves to shut down criticism (Disabled People Against Cuts, 22 August 2011) Share this:EmailPrintFacebook This entry was posted in News. Bookmark the permalink. ← Good Clean Fun Joke: The man on the flying trapeze [...]

  4. No hosting service should simply cave in to threats. Threats mean nothing – send them away to come back with a court order. Then, if they do, talk to your clients about removing whatever it is Atos finds libellous.

    Atos has no legal right, acting without a court order, to demand the closure of any site or blog. Even with a court order, removing the offending material is normally adequate to abate the libel.

    Atos has no legal; right to say – as they effectively are – we don’t like what these people are saying – shut them down.

    The burden of proof is upon Atos to demonstrate before a court that they actually have been libelled. Nobody is ever beyond legitimate criticism, not even Atos.

  5. [...] UPDATE Whilst charities take legal action against DWP,  Atos takes legal action against those who are striving to prevent crimes against humanity in the UK.  Websites that list Atos victims, some of whom have paid with their lives, are being closed down.  More silencing of victims http://www.dpac.uk.net/2011/08/atos-moves-to-shut-down-criticism/ [...]

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