Disabled People on Benefits: EHRC Investigation

10.35 am

(Urgent Question): To ask the Secretary of State for Work and Pensions if he will make a statement on the Equality and Human Rights Commission investigation into the treatment of disabled people on benefits.

It is a pleasure to be called to the Dispatch Box to respond for the Department for Work and Pensions this morning. The Department is absolutely committed to providing services through which every customer, including disabled people and our most vulnerable claimants, can experience fair opportunity and access to our services to ensure they get the support they need.

The Department has been in negotiations with the EHRC since 2021 on this matter. It is disappointing that we have not been able to come to a mutually agreeable position. As the Secretary of State for Work and Pensions stated yesterday during his Select Committee appearance, our existing legal advice and understanding is that both the EHRC and the DWP are still bound by confidentiality. We are seeking further clarity on what we can share, so I will not discuss those negotiations further.

While I do not believe an investigation is necessary, we at the Department do of course take the EHRC’s concerns seriously. We welcome the focus now provided in the terms of reference. We will work constructively with the commission in its investigation to better understand its concerns. I hope the investigation will provide a deeper insight into some of the most complex cases that the Department deals with. Of course, if any improvements are identified by the commission we will, rightly, take steps to address them.

I thank the Minister for her answer. I have great respect for her, but if she is telling the House that the Government have been in negotiations with the EHRC for three years and this is where we are now, that is ridiculous and absolutely underlines what many in this House, including myself, have been saying to the Government for more than three years. The Scottish National party has been challenging the Government over their treatment of those with illness or disability, and therefore we welcome this overdue investigation by the EHRC.

Full transparency and accountability are imperative so that the mistakes of the past are never repeated; we know about that from all the other investigations that have been taking place recently. If it does transpire that either the DWP or the Secretary of State, or both, have breached equality law, the strongest possible action must be taken. It is the least those who have suffered at the hands of this Government deserve.

I have spoken over the years to many disability organisations and they are appalled at how disabled people are treated, as am I. The United Nations Committee on the Rights of Persons with Disabilities rapporteur has concluded that the UK Government have

“failed to take all appropriate measures to address grave and systematic violations of the human rights of persons with disabilities”.

That is a further black mark against this Government. I have said it time and again: the UK Government must change course from their cruel and demonising approach to disabled people and start supporting them in the way being done in Scotland. The words dignity, fairness and respect mean something to disabled people in Scotland. The Scottish social security system is designed to treat people with dignity, fairness and respect. When on earth will this Government, or the likely following Labour Government, start doing that in the UK? It is an absolute and utter disgrace.

I agree with the hon. Lady. We have much we agree about and real mutual respect, and I know her concerns come from the heart. I reiterate that we are a compassionate Department, welcoming to all, and we are keen to get insights and learnings. I have given evidence on that, most recently to the Select Committee, making it clear that we are a learning Department focused on individuals. In fact, our trauma-informed approach is testament to that. I recently saw that in Hastings, and it is being rolled out in South Yorkshire, Plymouth and all our DWP innovation hubs to successfully drive a programme of understanding into our core business areas, including the child maintenance area and service areas. From a meeting with my DWP colleagues, I know what a big difference it makes.

We engage right across the UK with a multi-agency approach. The hon. Lady will be pleased to know that I recently met the independent reviewer of the personal independence payment and benefits—there is that process in Scotland—for a mutual learning and understanding experience. Reforms that are being brought out are about disabled people’s voices being fully heard and understood, whether that is through our national disability strategy or our action plan this year. I also recently engaged with the Domestic Abuse Commissioner, Nicole Jacobs, who covers England and Wales, and this gives me a chance to pay tribute to her. We have been trying hard to understand tragic and complex cases. Our sympathies are always with the families, and we will continue those internal process reviews.

I hope that the Chairman of the Select Committee, the right hon. Member for East Ham (Sir Stephen Timms), will reflect on the useful evidence that was given. We have a growing number of visiting officers for some of the most vulnerable—we currently have 500—and we have 200 dedicated prison work coaches. I want anybody watching, studying or reading this urgent question to approach us and talk to us. Many people become involved with the DWP at the most challenging times of their lives. We are here to help people, whether through our youth hubs or our disability work coaches. Please tell us what is going on. We can link people to the right agencies, and we are determined to understand what the commission is thinking and feeling and to work with it.

My hon. Friend the Minister will be aware of the work that my Select Committee has done around the national disability strategy, but I specifically draw her attention to the words of the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) earlier this week: nothing about me without me. What reassurance can the Minister give me that disabled people will be fully included in the ongoing consultation on personal independence payments? What reassurance can she give me that she continues to work with Disability Confident to ensure that disabled people are enabled to move into work and supported when they are in work? What reassurance can she give me that the victims of contaminated blood, sodium valproate, Primodos, and mesh will not be subject to ongoing assessments year after year to make sure that they continue their entitlement to benefits? What reassurance can she give me that she agrees that inclusion is not wokery, and that including disabled people is crucial to ensuring that their rights are upheld?

I was looking forward to giving evidence to my right hon. Friend on many of these matters, alongside my hon. Friend the Minister for Employment. Indeed, there was work to come forward on Disability Confident, Access to Work, the disability employment goal and much more.

I point my right hon. Friend to action we have taken, including just this week. There is the Government-backed lilac review on disabled entrepreneurs, which is absolutely about listening to disabled people and having them at the heart of the conversation. Fantastic engagement on British Sign Language, fully in BSL, has been at the heart of that. There has also been the PIP consultation and the wider reform conversation. We have also brought forward the Buckland review.

My right hon. Friend is absolutely right about inclusion. It works because when it is embedded, it is right for the bottom line of the business, the organisation and the community. It is not a “nice to do” and it is not woke; it is what we should be doing.

I call the Opposition Front-Bench spokesperson.

This is the first time in history that the Equality and Human Rights Commission has decided to investigate whether a Secretary of State has “committed unlawful acts” by discriminating against disabled people as a result of the way that the Government have run the benefit system. According to a report by the all-party parliamentary group for health in all policies, it may have led to

“the deaths of vulnerable claimants, by suicide and other causes”.

Yesterday, appearing before the Work and Pensions Committee, the Secretary of State feigned surprise at the Equality and Human Rights Commission taking that unprecedented step, yet he previously claimed that he and his Department were close to securing a legally binding agreement to uphold disabled people’s rights. I wonder what has changed.

Will the Minister recognise the seriousness of her predicament and apologise to disabled people for her Department’s obvious reluctance to engage meaningfully with the Equality and Human Rights Commission? Why has her Department presided over a benefit system that the commission believes could be unlawfully discriminating against disabled people? Will she take the opportunity to apologise to all those disabled people who have had their life torn apart by her Department’s potentially illegal administration of the benefit system?

Let me first reflect on the Secretary of State’s appearance at the Select Committee. I reiterate that, as he said yesterday, the investigation of the Department is based on a suspicion that something has occurred; that is not in and of itself conclusive proof. The DWP rightly takes its obligations under the Equality Act 2010, including the public sector equality duty, incredibly seriously, and will continue to co-operate with the commission on its investigation. I hope that helps the hon. Lady. We want everyone in the DWP to be able to support customers in an appropriate manner, according to the individual’s needs. Our mental health training and reasonable adjustments guidance helps to empower our colleagues by giving them the skills to support every customer.

It has been the greatest privilege of my life to have been in the most amazing, life-changing Department for almost all of the last five years. We are fully committed to listening to our customers and their representatives about their needs, and to learning from them. Of course people will be concerned about the EHRC’s response, and the Department is genuinely disappointed, because we are constantly learning; work is ongoing to strengthen guidance and training through continuous improvement activity. Our colleagues are local people who live in their community. They know their community and what people need. Whether people are coming through the door are from a local special school, have been made redundant, or have a health condition, DWP staff know those people and want to reassure them. We will continue to give them the necessary tools, and have confidence that our Department will respond in the right way to our most vulnerable customers.

As I depart this House as a Conservative MP, I thank you, Sir Roger, for your service and mentoring over my years here. Will the Minister make sure that in the response to the investigation, those working in jobcentres and DWP offices across the country are given the support that they need to do their job? In West Suffolk, they do that job excellently, brilliantly led by Julia Nix, who frankly deserves an honour. It has been a pleasure to work with those people. When the Minister considers the investigation, will she look not only at physical disabilities, including engagement with those who support wheelchair use, but hidden disabilities such as neurodivergent conditions, to the extent that they are disabilities, and ensure that they are at the heart of the response?

I welcome back my right hon. Friend, from whom I learned so much as a Parliamentary Private Secretary. It is pleasing to know that his work on neurodiversity and understanding others continues to be at the heart of what he brings to this House, even in his last few moments here. I was recently at Neurobox in Cambridge, where dyslexia needs were discussed, as well as the wider need in the labour market to learn about understanding, and helping people through, the Access to Work scheme. My right hon. Friend’s interest was mentioned there. Whether we are talking about the Buckland review, the lilac review on entrepreneurship, which I mentioned, or partnerships in communities, such as with Julia Nix, who is stellar leader, those messages are important for those who only hear about the experience of the DWP through the mouths of those in this House. I urge people to go and see their local jobcentre. This week there is a “recruit Britain” campaign, backed by employers, to enable people to understand our jobcentres’ power to bring about change.

Last week, I highlighted to the Minister a report from the UN Committee on the Rights of Persons with Disabilities that concluded that the UK had failed to take all appropriate measures to address grave and systematic violations of the rights of people with disabilities. She said that the UK Government were

“committed to ensuring that the UK is one of the best places to live and work as a disabled person.”—[Official Report, 15 May 2024; Vol. 750, c. 244.]

Does she really stand by that assertion, given the serious concerns raised by the Equality and Human Rights Commission? Does she understand why its chair said that they are extremely worried? The EHRC also said that it believes that the DWP may have broken equality law. What does she have to say to the disabled people watching? She must understand that it is a clear demonstration that this Tory Government are content simply to disregard disabled people, their rights and their needs. If she disagrees, let her tell us specifically why.

I thank the hon. Lady for her remarks. Just this week, I met people with disabilities in the media industry who were thriving while working in ITV, which tries to help people when it comes to wider—

Will the Minister answer my question?

I am just trying to. I met a company that is working to ensure that NHS buildings are more accessible, so the DWP understands that. The hon. Lady asked whether I really believed that the UK could be the best place in which to be a disabled person, in terms of accessibility and opportunity. We are engaging and learning in the context of a changing labour market and changing needs. As for her earlier point, we in the DWP want every customer to be supported, and we are committed to providing a compassionate service for all. We take our obligations under the Equality Act 2010 extremely seriously, and that includes the public sector equality duty.

We will, of course, continue to co-operate with the commission’s investigation. I stand by my comment that we are disappointed to be in this position. We often deal with tragic and complex cases, and our sympathies are always with the families concerned. We will continue to review and learn about processes in order to understand better why the commission is taking this action.

Navigating the benefits system is difficult enough for able-bodied people, but for those who become disabled because of illness or accidents, it becomes a virtual nightmare, just at the point when they need the system the most. Also, many employers concentrate on what people cannot do, rather than what they can do. Will my hon. Friend update the House on the work being done to ensure that people, particularly those who suffer disability owing to illness or accidents, receive the benefits that they need at their time of greatest crisis?

We are rolling out our WorkWell service, and we have universal support as well. Fifteen integrated care systems will pilot WorkWell; the pilots will be locally designed to fit local needs, and will be linked to our existing work and health systems. Work will be done throughout London. I am not sure whether that will include my hon. Friend’s part of London; I am sure that we will be able to let him know.

As I mentioned, my dad became disabled and was not used to navigating the benefits system. That happens to many people. Many think that people are born with disablement, but it can be acquired as a result of accidents or incidents. The gov.uk website gives information about the benefits calculator and the Citizens Advice help to claim service, and encourages people to see a disability employment adviser.

My hon. Friend asked what more could be done. Notwithstanding the great support provided by programmes such as Access to Work, there is more that can be done, but that safety net is there to protect people when they are at their most vulnerable, whatever the reason.