The case for exempting some people from reassessment

On 8th February I suggested that some groups might reasonably be exempted from the process of reassessment for ESA, and mentioned in particular “young people with severe disabilities from early ages or people with defined conditions like cancer”. The recent statistical release tells us that these groups have a quite different profile from most other claimants. As things currently stand 12% of all claimants are being placed in the “support group”, those who are not expected to work. In the case of “neoplasms”, or cancer, that rises to 67.7% of assessed claims; in the case of “congenital” or “chromosomal” conditions, it is 66.7%.

Reassessing claims for ESA

The reports of delays in access to Employment and Support Allowance are unsurprising. The finger of blame has been pointed at Atos Healthcare. Atos has been the subject of a barrage of criticism during the last couple of years; their processes were described by the Harrington report as “mechanistic” and “impersonal”; many of the decisions made about fitness to work are wrong and 40% of appeals have been successful. Atos has issued a statement attributing the delays to the longer, more sensitive assessments introduced since Harrington.

There is however a more general issue about the capacity of the administration to deal with mass reassessment. Governments have not just undertaken in recent years to reassess all the former claimants of incapacity benefit; they also propose to introduce equivalent tests for the Personal Independence Payment, the reformed Disability Living Allowance. As people with disabilities are displaced from the labour market, and as the government requires further categories to be ready for work, including lone parents and those who are bereaved, the demands on the system of reassessment will increase. Current calculations on throughput rely heavily on people not turning up for the assessment.

There are some practical ways of relieving the burden of administration. One is to exempt more groups – such young people with severe disabilities from early ages or people with defined conditions like cancer. Another might be to offer compensation to some people to transfer to JSA voluntarily. A third might be to license a range of independent practitioners to certify the assessment. The procedure needs to be faster as well as fairer.

Stigmatising disability

The stigmatisation of claimants with disabilities is not a new phenomenon – people with disabilities have always prompted a combination of apprehension, mistrust and vilification. Precisely because it is deep-rooted in society, it can be dangerous. Governments which are critical of vulnerable groups are liable to legitimise the process of social rejection and exclusion; in the worst cases, they can exacerbate the process. That is behind the concern expressed by certain charities in a recent Guardian report.

Social security benefits for people with disabilities are not provided for a single purpose. They are provided for many reasons – among them, need, low income, social protection, compensation, earnings replacement, social inclusion and rehabilitation. Part of the problem with “othering” disability – and indeed, part of the problem with treating disability as an issue in identity politics – is that so many different issues are folded up together. Anyone can become disabled; it can happen suddenly as well as gradually. A benefits system needs to protect people from the things that might happen to them, and a system which excludes disability fails in several of its primary purposes.

Social work as it happens

The BBC documentary, “Protecting our children”, has offered the best sense of what happens in social work I’ve seen for years. Sadly, the first episode will only be available on IPlayer for a week, but social work and social policy students will find it well worth viewing. The first part wasn’t perfect – it didn’t give the viewer a sense of the options the social workers explored, or how they settled on the methods that they chose to use in preference to others. For example, a ‘contract’ was made with the family, but that wasn’t explained. What it did give was a sense of the problems that are being addressed and how social workers have to negotiate with a family – a springboard for discussion, rather than a revelation.

There are several noteworthy issues, but let me point to two in particular. One is the use of power by the social work team, most obviously in a team meeting where the family was simply overwhelmed by formality and numbers. The other is the the reluctance of social workers to offer advice. The dominant professional ethic is still that service users have a “right to fail” – but not that they have a right to know what the consequences of alternative actions might be.

Systems thinking

I attended a dreadful lecture last week about “Systems Thinking”, which had little by way of thought, or indeed of system. Systems thinking was, and could be, a distinctive set of methods for analysing complex relationships within an entity; but the term seems for the moment to be a catch-all term used to describe flexible, responsive organisations that are open to using information. Ideas like Kaizen, Lean and continuous improvement have been drawn in from private sector management in order to criticise the operation of public sector activities – the Department for Work and Pensions has embraced “Lean” in principle, if not in practice. But the ideas are confused. They rely heavily on insights from staff and service users, without considering that policy makers, officials and users might legitimately have different perspectives and priorities. They are overlain with other management fads, like leadership, networks and collaboration. John Seddon’s book Systems thinking in the public sector (Triarchy, 2008) is a prime example of this kind of muddle. Seddon identifies systems he disagrees with as “command and control” – but hierarchical and bureaucratic management are quite different from each other, and different again from management by objectives. He claims that systems thinking is responsive to service users, but then he distinguishes “value demand”, which the service wants to meet, from “failure demand” which is “wasteful” – a distinction rooted in the perspective of the agency, not of the service user. And he supposes that rights of citizenship (like the demands of citizens for security through visible policing) are wasteful, because they do not serve the agencies’ purpose – except that serving citizens may well be the purpose. There are often good reasons why public services behave the way that they do. The first step for would-be critics should be to ask why – and analysing processes in terms of systems ought to have been one way to find out.

Leadership

This is the abstract of a newly published article, in which I discuss the idea of leadership: it has appeared under the title of “Leadership”: a perniciously vague concept, International Journal of Public Sector Management 25(1) 34-47.

Purpose – Despite the vast amount of literature covering the concept of leadership, it remains contentious, under-conceptualised and often uncritical. The purpose of this paper is to question the validity of the concept and dispute its application.
Design/methodology/approach – The paper reviews what the idea of leadership means, how it relates to competing accounts of management in the public services, and what value it adds.
Findings
– There is no evident reason why the supposed roles, tasks, or qualities of “leadership” either need to be or should be concentrated in the person of a leader; the tasks involved in “leading” an organisation are not in fact the tasks of motivation, influence or direction of others which are at the core of the literature; and there is no reason to suppose that leadership is a primary influence on the behaviour of most organisations.
Practical implications – In the context of the public services, there is no set of skills, behaviours or roles that could be applied across the public services; the emphasis in leadership theory on personal relationships may be inconsistent with the objectives and character of the service; and the arrogation to a public service manager of a leadership role may be illegitimate.
Originality/value – The argument here represents a fundamental challenge to the concept of leadership, its relevance and its application to public services.

Sick note Britain?

A report by Carol Black and David Frost makes proposals that are supposed radically to reduce the flow of people moving on to Employment and Support Allowance. The argument that this can be done is built on the belief that the initial response to illness makes it more likely that people will adjust to long term sickness by claiming benefits. However, the most substantial reduction that is foreseen in the report is in the numbers of people who move directly to long-term benefits without going to employment in between. This group includes people who would formerly have claimed Severe Disablement Allowance.

Despite the reports about “sick note” Britain, benefits are not in general issued with sick notes – or “fitness for work notes” as we must now learn to call them. GPs didn’t, in general, get to sign people onto Incapacity Benefit, and they don’t sign people onto Employment and Support Allowance. However, there are some exceptions. If a person is not entitled to Statutory Sick Pay, typically because their employment has been terminated, they will be put onto ESA directly. If they have certain illnesses, principally terminal illness and life-theatening conditions, there may be no requirement to undergo a Work Capability Assessment. Those exceptions will be maintained. The main proposal in the report is that such claimants should move directly to the WCA. It is not immediately clear how this procedure is going to deliver a substantial cut in the number of successful claims.

"Government cannot create jobs"

I am puzzled by the repeated mantra that government in general, and the Scottish Government in particular, cannot create jobs. Of course they can; for example, every job in Parliament is created. Nor is it true that public jobs are not “real” jobs. Real jobs we need more of include, for example, police, cleaners, teachers, janitors, carers, street and park wardens, or guards. If we invested more in builders, plumbers, painters, gardeners or people to mend roads, it would do a power of good. Part of the argument was made by Keynes: it makes more sense to pay people for doing something than it makes to pay them for doing nothing, and the economic benefits of engaging people in paid employment will be considerable. But there is also a social benefit in ensuring that people are integrated into the economic structures and have the basic entitlements that work brings. If we judge certain activities only by the standards of costs, then it will often seem cheaper to use heavy machinery to repair holes in the road than it is to get human beings to do it – but we cannot afford the machines, and we have labour to spare. (I do not understand the case that CCTV is more cost effective than a street warden; CCTV is very expensive, and a camera cannot actively intervene during an incident.) Creating jobs is often worth doing in its own right. We need to start thinking about costs and benefits across the wider economy.

Kiss and tell

This is, admittedly, just a little out of my usual field.  However, I cover issues relating to human rights as part of work on principles in social policy, and privacy is also a vexed issue in social research, so the recent furore about privacy injunctions has piqued my interest. The central issue concerns a footballer who had obtained a “superinjunction” preventing a girl from revealing secrets about an affair, or even the name of the footballer from being revealed. There are two striking issues. The first is the issue of secret justice, which is no justice at all; the prospect of anonymous, unreported enforcement and legal sanction is repellent, and John Hemming MP was absolutely right to raise it in Parliament. The other issue is the interpretation of privacy by the courts.

Privacy is usually understood in one of two senses. The first, which is the interpretation given to privacy in legal cases in the USA, is that people have an intimate sphere of life which other people are not able legitimately to intrude on. The second, which is more prominent in social science, gives people control over information that relates to them. In the context of social research, the Australian National Health and Medical Research Council explains:

“Individuals have a sphere of life from which they should be able to exclude any intrusion … A major application of the concept of privacy is information privacy: the interest of a person in controlling access to and use of any information personal to that person.”

The idea of consent in research is based on the idea that information is private, and that it needs the consent of the person who reveals it – the research participant. It’s not usually the case, however, that researchers are asked to get the consent of everyone mentioned in research. That, by contrast, is what journalists are now being asked to do.

Let me offer a little scenario: a man’s girlfriend goes to his wife and says, “I am having an affair with your husband”. If the husband has an intimate sphere which no-one can impose on without permission, the girlfriend has breached it – admitting the girlfriend to intimacies is not a licence to reveal those intimacies later. If he has a human right to control the information, the girlfriend has breached it. I find it hard to believe that either outcome is what the advocates of privacy laws intend; privacy may be a right, but it does not follow that secrecy is. An individual may retain control over information only in so far as that information relates solely to his private actions. A couple, a group, an association, may control aspects of information that relate to that couple – but they exercise that control jointly, not severally, and if they do not agree, neither retains the right. If one partner in a couple wishes to reveal all, the right does not pass to the control of the other person. The attempt to curb revelations by those who want to “kiss and tell” may be many unpleasant things, but it is not a breach of human rights. The courts have got it wrong.

The assault on the public services

Several entries on this blog refer to cuts, austerity measures and pressure to transfer public services to the private sector. The rationale for doing this is very weak.

  • Reducing public spending during a recession is a certain way to turn it into a slump. Everyone – including the private sector – depends on demand generated by public subvention. The main effect of cutting services across Europe is to ensure that there will be no-one to sell things to.
  • Public expenditure in a slump is counter-cyclical. Keynes argued that wars or building pyramids would be better than parsimoniousness in such circumstances. Deficit financing is not intrinsically a problem – most countries in the OECD incurred debts during the second world war, and it took a long time to pay them off. Like Keynes, I tend to think that neither is the best use of public money. Now is the time to build roads, railways, water treatment plants, housing and energy production facilities. There will never be a better time.
  • Cuts will cost jobs. I do not understand the argument that projects not undertaken or “natural wastage” do not imply the loss of jobs; of course they do. Often the loss will be felt most keenly in the wider economy.
  • The main source of the current deficit is not the public sector; it is the private sector. That does not mean that the public sector does not have to pay, but it does raise questions as to how far the cuts can legitimately be represented as the management of a structural deficit.

Ultimately, the only way out of a slump is through growth, not through retrenchment.