DWP Safeguarding of at-risk claimants
DPAC Briefing Note
November 2023
Introduction
This document was prepared as a submission to the Work and Pensions Committee inquiry into DWP safeguarding at the House of Commons on 28th November 2023.
We strongly recommend that committee members visit the Deaths By Welfare project website to provide context for the need for safeguarding of claimants.
Note on terminology
We deprecate use of the term “vulnerable”, as it is ill-defined and ambiguous, and it is demeaning to those so labelled.
In addition, it is a sad aspect of human nature that there are those who see weakness as an invitation to bully, and the term vulnerable implies weakness.
Instead we recommend the term “at-risk” is used.
“At risk” can be defined as: a risk of suicide, severe harm to self or others, loss of life through starvation or destitution, or risk of worsening or onset of severe medical conditions
Presumption of guilt and Ministerial rhetoric
The DWP operates on an attitude of “presumption of guilt until proven innocent” towards claimants. This must change.
The DWP, it’s ministers, senior civil servants and employees, along with contractors working for the DWP, must recognise that the overwhelming majority of claimants are honest people in genuine need, who need to be treated with decency and respect.
Ministers in particular must stop using rhetoric that demonises benefit claimants. Use of such rhetoric scares claimants particularly those with mental health conditions. We have had reports from claimants who have had panic attacks following such ministerial statements.
It also adds to a hostile environment across society that claimants have to live within and can lead to a rise in hate crimes against disabled people, homeless people and all claimants.
Measures for DWP Safeguarding of at-risk claimants
Independent Public Inquiry
We call for an independent judge-led public inquiry into the deaths of benefit claimants since the introduction of ESA in 2008. This is needed, not only to learn vital lessons that can be incorporated into the design of future benefits systems, but also to get accountability for the bereaved relatives of those whose lives were avoidably lost.
The inquiry should be able to question past and current ministers and senior civil servants on their actions (or lack of) resulting in the deaths of claimants.
For more information regarding the need for this inquiry, we urge committee members to read DWP: The case for the prosecution from Disability News Service
ESA “Substantial risk” rules
The government proposes to amend the ESA substantial risk rules to make them more restrictive. In particular they propose to only apply the rule to a proscribed list of mental health conditions.
No changes to these measures should happen as it would be bound to result in an increase in the number of avoidable claimant deaths.
It should be bourne in mind that claimants could be at-risk without ever having received any mental health diagnosis.
Safeguarding Triggers
A safeguarding red-flag may be triggered by any one of the following
1) A recommendation by GPs or other medical professionals
2) A recommendation by Local Authority Social Services or Safeguarding teams
3) The claimant stating to the DWP, either verbally or in writing the word “suicide” or other key words or phrases such as “I’m in a very dark place”, “can’t cope with this any more”, “want to end it”, “if you sanction me I’ll starve” . The full list to be produced in consultation with specialist psychologists .
4) A request from the claimant themselves or an appointee or a concerned close relative
Safeguarding Specialists
The DWP shall have a team of Safeguarding Specialists who will contact claimants when safeguarding has been triggered in order to (gently) discuss the risk with them in order to assess the situation
The specialist will then have the power to:
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‘Red Flag’ the claimants record to define they are at-risk
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Contact the claimants GP and/or consultant medical specialist to alert them to the risk
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Contact the claimant’s Local Authority Safeguarding teams to alert them to the risk
The Safeguarding Specialist will conduct follow up contact and liaise with medical professionals and local authorities as necessary.
Safeguarding measures
A safeguarding red-flag should immediately halt any measure by the DWP likely to put pressure on the claimant, including Sanctions, Work Focussed Interviews or Benefits Assessments.
Benefits assessments may be performed if the claimant requests the re-assessment due to a change in their condition, in which case the assessment should be performed with minimum intrusion and fast-tracked to prevent lengthy waits for outcomes putting pressure on the claimant.
Statutory duty
The DWP shall have placed on it, a statutory duty of care to safeguard the lives of claimants
Independent Regulator
There shall be an independent regulator with the following powers and responsibilities:
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Produce regular reports on DWP safeguarding practices.
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Penalise the DWP for transgressions of the safeguarding code.
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Perform a mandatory investigation following every death of a claimant in which the coroner states there is a benefits related element to that death.
The outcome of that investigation may include penalties for the DWP and/or private contractors, and also may penalise individual DWP/contractor employees with measures ranging from formal warnings and dismissal up to criminal charges.
Access to free medication
Access to free medication must not be withdrawn by any measure undertaken by the DWP (e.g, sanctions) .
No sanctioning of disability related benefits
No disability related benefit should be subject to any form of sanction.
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