Independent review
Completed
Harrington WCA Review (Year 1)
First statutory annual independent review of the Work Capability Assessment for Employment and Support Allowance, examining the fairness and effectiveness of the assessment process from initial Jobcentre Plus contact through to tribunal.
Government Response
DWP accepted all of Professor Harrington's recommendations. The response vehicle was a formal Command Paper, 'Government response to the first independent review of the Work Capability Assessment' (Cm 7977), published on 23 November 2010 alongside the review. The gov.uk page states the Government published its response welcoming Professor Harrington's findings and recommendations and fully endorsing and accepting his suggestions. Main recommendations covered empowering Jobcentre Plus decision makers, Jobcentre Plus taking control of the process, and the contractor employing 'champions' at each Medical Examination Centre.
Recommendations
Recommendation 1
The review recommends that Jobcentre Plus manages and supports the claimant during the course of their benefit claim and identifies their chosen healthcare adviser.
Recommendation 2
The review recommends that the initial questionnaire (the ESA50) includes a more personalised justification so the claimant can express the issues that they face in a short paragraph.
Recommendation 3
In the longer term, the review recommends that the Government reviews the ESA50 to ensure it is the most effective tool for capturing relevant information about the claimant.
Recommendation 4
The review recommends that written communications to the claimant are comprehensively reviewed so that they are clearer, less threatening, contain less jargon and fully explain the process.
Recommendation 5
The review recommends that every Atos assessment contains a personalised summary of the assessment in plain English.
Recommendation 6
The review recommends that every claimant is sent a copy of the Atos personalised summary and is able to discuss any inaccuracies with a Decision Maker.
Recommendation 7
The review recommends that Atos provide mental, intellectual and cognitive champions in each medical assessment centre. These champions should spread best practice amongst Atos healthcare professionals in mental, intellectual and cognitive disabilities.
Recommendation 8
The review recommends that Atos pilot the audio recording of assessments to determine whether such an approach is helpful for claimants and improves the quality of assessments.
Recommendation 9
The review recommends that Atos should develop and publish a clear charter of claimant rights and responsibilities, and should consider publishing the HCP guidance online for claimants and advisers.
Recommendation 10
The review recommends that Jobcentre Plus Decision Makers are put back at the heart of the system and empowered to make an independent and considered decision.
Recommendation 11
The review recommends a better use of the reconsideration process.
Recommendation 12
The review recommends Decision Makers are able to seek appropriate chosen healthcare professional advice to provide a view on the accuracy of the report.
Recommendation 13
The review recommends better communication between Decision Makers and Atos healthcare professionals to deal with borderline cases.
Recommendation 14
The review recommends Decision Makers receive training so that they can give appropriate weight to additional evidence.
Recommendation 15
The review recommends that feedback from the First-tier Tribunal should be routinely shared with Jobcentre Plus staff and Atos healthcare professionals. As part of their professional development, Jobcentre Plus Decision Makers should be encouraged to regularly attend Tribunals.
Recommendation 16
The review recommends that Tribunal decisions are better monitored, including monitoring of the relative or comparative performance of Tribunals.
Recommendation 17
The review recommends that training offered by the Chamber President to Tribunal Judges and medical Members should include modules on the evidence of the beneficial effects of work to an individual's well-being.
Recommendation 18
The review has asked Mind, Mencap and the National Autistic Society to provide recommendations on refining the mental, intellectual and cognitive descriptors. The review looks forward to receiving these recommendations in late November and will make any recommendations it sees fit to Ministers.
Recommendation 19
In year two the review should examine the descriptors, in particular how they account for other fluctuating conditions and, possibly, generalised pain and provide any recommendations necessary.
Recommendation 20
In year two the review should examine what happens to people who are found Fit for Work, people who are placed in the Work-Related Activity Group, in the Support Group and people who do not complete their WCA.
Recommendation 21
In year two the review should examine what happens to people who are found Fit for Work but are unable to claim Jobseekers Allowance.
Recommendation 22
In year two the review recommends that research is undertaken to understand whether the assessment could and should incorporate more "real world" or work-focused elements.
Recommendation 23
In year two the review should examine the Atos computer system (LiMA) and how it can drive the right behaviours.
Recommendation 24
In year two, the review should explore the use of other healthcare professionals in the Atos assessments and to check consistency of assessments by different professions.
Recommendation 25
In year two the review should also monitor the implementation of those recommendations in the year one report which have been adopted by Ministers.
No recommendations with this response.