Page 74 - Reforming Benefits Decision-Making

has been a failure to train in an area where this would be particularly
beneficial.

2.102 A concern that appeared to us at every stage of the decision-making process
was that assessors, decision-makers and work coaches are not properly
considering, and acting on, their duties under the Equality Act to make
reasonable adjustments. These might include, for example, (pre-pandemic)
conducting a health and disability assessment by telephone rather than face-
to-face, considering whether to obtain further medical evidence in respect of
claimants with mental health conditions, and setting appropriate claimant
commitments, easements and sanctions. Consultees stated that there was a
lack of awareness among DWP staff and contractors about what reasonable
adjustments may be offered or available for people with different
impairments. The NAO has also stated that work coaches lack confidence
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making reasonable adjustments.
2.103 We therefore recommend that there should be specific training for
assessment providers, work coaches and anyone who comes into contact
with claimants (including on phone lines) on reasonable adjustments as
well as a clear policy and guidelines on how to identify where a
reasonable adjustment may be required and the types of reasonable
adjustments that could be offered to claimants. Similarly, specific
information on reasonable adjustments that may be available at each
stage of the process should be provided to claimants.

Feedback from tribunal decisions

2.104 Even without an independent regulator, there is already an independent body
which is routinely identifying issues with DWP decision-making – the FFT
(SCCS). As set out in paragraph 2.2 above the success rates on appeal to the
Tribunal for PIP, ESA and UC remain high. This suggests that the same
failures in decision-making recur without sufficient steps being taken to
prevent them. This is unacceptable, both for the detrimental impact on
claimants’ lives and for the resources expended on the appeal system.

202 National Audit Office, Supporting disabled people to work (see n. 129 above) p. 63.

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