Litchfield WCA Review Year 5
Independent Review of the Work Capability Assessment: Year Five
Employment & Work
Fifth and final annual independent review of the Work Capability Assessment. Examined progress on previous recommendations and made further recommendations to improve the assessment process and claimant experience.
33recommendations
33Not Yet Responded
Recommendations
Recommendation 1
Material changes to the WCA should be fully considered in advance by both policy officials and operational staff to ensure that policy intent and practical considerations are harmonised.
Recommendation 10
The drivers for the high rate of young people (16-24) being assigned to the Support Group should be examined not only to ensure that benefit decisions are correct but also to help provide appropriate support.
Recommendation 11
The Department bundles future necessary changes into packages delivered no more than bi-annually to provide greater stability and avoid the perception of constant change to the WCA.
Recommendation 12
The Department reviews the mechanisms in place for monitoring levels of understanding amongst staff involved in the ESA process and consider appropriate means of following up this training to ensure levels of knowledge and understanding remain high.
Recommendation 13
The Department work with the Provider to improve communications sent in advance of an individual attending a WCA and ensure that it explains the nature of the WCA, including a description of what they can expect when they attend.
Recommendation 14
The Department review its portfolio of alternate formats with specific reference to the use of Easy Read and then prioritise provision by need to create as many forms as is reasonably practicable.
Recommendation 15
The Department work with the new Provider to review the existing material available to improve both the quality and content of online resources available to those individuals about to go through a WCA. They should consider working with representative organisations to ensure that the information is both clear and accessible.
Recommendation 16
The Department examines its work flow system, which appears to introduce an inevitable bias towards granting higher benefit levels, to ensure that the policy intent is being met.
Recommendation 17
The Department should explore ways and options of improved information between DWP assessments, including Personal Independence Payment, Disability Living Allowance, Industrial Injuries Disablement Benefit, Fit for Work and the Work Capability Assessment.
Recommendation 18
The Department should work with the Department of Health and other appropriate government departments to explore how DWP can make use of the WCA and the evidence gathered to ensure individuals are sign posted to appropriate support.
Recommendation 19
Use of the term 'prognosis period' should be discouraged and documentation should be amended accordingly.
Recommendation 2
Use of 360° feedback and its impact on driving up the quality of decision making at all stages of the WCA process should be monitored over time and trends reported to the appropriate level to ensure that training needs are met and unintended behaviours are addressed. This work should be seen in parallel to feedback received from Tribunal services.
Recommendation 20
The Department should review its policy and processes around applying short re-referral periods in the Support Group, particularly for young people with mental health problems, and for longer re-referral periods in the WRAG.
Recommendation 21
The Department should work with the Department for Education and the devolved administrations to develop improved mechanisms for providing information about the world of work, including the WCA, to those with learning disabilities at the point of leaving education.
Recommendation 22
The Department reviews its provision of alternate formats of communication with a view to adopting Easy Read wherever practicable.
Recommendation 23
The Department reviews the training given to its own staff and those of the Provider in relation to learning disabilities to ensure that the risk of overstatement of capability is fully understood.
Recommendation 24
The Department ensures that it seeks the most appropriate evidence for people with learning disabilities, including Hospital Passports and care or support plans. The Department should consider options in each case rather than defaulting to a GP report.
Recommendation 25
The Department should continue its good work with the MOD to ensure that suitable and sufficient evidence can be accessed as simply and speedily for ex-Service personnel who make an application for ESA.
Recommendation 26
The Department should work with the DH to ensure that suitable and sufficient evidence can be accessed as simply and speedily as possible for long stay hospital patients who make an application for ESA or require reassessment.
Recommendation 27
The Department should review its practice of routinely repeating the WCA for people liberated from prison who were in receipt of ESA with a reassessment period that is still extant on release.
Recommendation 28
The Department should work with the MOJ to ensure that suitable and sufficient evidence can be accessed as simply and speedily as possible for people leaving prison who make an application for ESA or require reassessment.
Recommendation 29
The policy on audio recording face-to-face assessments be reviewed, with a view to requiring the Provider to make recording equipment available when requested in advance.
Recommendation 3
The Explanation Call is removed from the mandatory reconsideration process, and that information on the points of contention are collated and included in the referral to dispute resolution teams where possible.
Recommendation 30
DSD works with DWP to better understand the general issues relating to the high numbers of young people being assigned to the Support Group and that consideration is also given to issues which may be specific to Northern Ireland.
Recommendation 31
The SSA considers as part of its overall appeals review the issue of HCPs being available at Tribunals for the most difficult cases.
Recommendation 32
DEL and the SSA should continue to work together to identify the information gathered during the WCA process that would be of greatest use to advisers at the Job and Benefit offices. Mechanisms to facilitate the effective sharing of this information with DEL should then be developed as a priority.
Recommendation 33
The SSA and Tribunal Service should continue working together to better define the information that would be most conducive to improving decision making without placing an undue burden on either organisation. Any enhanced feedback system should be extended to the Provider so that the performance of HCPs can also be improved.
Recommendation 4
Options for displaying a geographical telephone number when making a Reconsideration Call should be explored. Additionally, SMS messaging or an appropriate alternative method should be used to provide advance notice in all instances. As with face-to-face assessments, requests to have a supporting representative on the call should be accommodated where possible.
Recommendation 5
The Department review its geographical allocation of Mandatory reconsideration casework taking account of both perception issues and practical considerations for avoiding unnecessary delays.
Recommendation 6
The Department give specific consideration to how it improves the overall perceptions of the mandatory reconsideration process. This should include publishing target turnaround times and being clear on the reasons behind ceasing payment of the assessment rate of ESA.
Recommendation 7
Further work to develop and implement a semi-structured interview should continue. This should be developed in conjunction with a small number of representative groups. Particular attention should be paid to interview practices for those with mental health conditions, learning disabilities and autism, and this should be reflected in the guidance and training developed.
Recommendation 8
The Department investigates the substantial increase in the proportion of Support Group outcomes as a matter of urgency to determine whether the WCA is being applied correctly.
Recommendation 9
The use of Regulation 35 (2) (b) should be subject to close scrutiny with a particular focus on decisions made on a papers only basis.