On the day that the Government published two documents setting out
its approach and commitment to enable disabled people to fulfill their
potential and play a full role in society http://odi.dwp.gov.uk/fulfilling-potential/index.php
they also announced that they intend to scrap GSCE’s and replace it
with a rigorous exam system. GCSE’s will be replaced with English
Baccalaureate Certificates in 2017, if the current Government is
re-elected.
Michael Gove told MP's that GCSE's had been designed "for a different age and a different world".
He said the changes would modernise the exam system "so we can have
truly rigorous exams, competitive with the best in the world, and making
opportunity more equal for every child".
Act Now For Autism do not agree that creating a system that
relies solely on a rigorous exam system can ever provide a child with
autism with an equal opportunity to succeed.
At a time when this Government wants to concentrate its efforts on
what people with disabilities can do as opposed to what they cannot do,
they are proposing to roll out a system that will, for children with
autism, make it much harder for them to prove what they can do.
It is well documented that autistic children often struggle in exam
conditions as they often suffer from extreme anxiety when they are
expected to perform in an environment that is alien to them and under
very stringent time restraints.
Being unable to gain marks for course work produced during the two
school years that lead up to an examination will leave pupils with
autism at a distinct disadvantage to other pupils.
Reasonable adjustments will have to be made otherwise the new system
will discriminate against children with autism as well as children with
other neurological conditions.
At the moment there are only 15% of autistic adults in the UK who are
in full time employment. Act Now For Autism is very concerned that the
new English Baccalaureate Certificate will make it even harder for
children with autism to succeed into secure employment.
Act Now For Autism is a core group of people passionate about the future and well-being of children and adults with autism and associated conditions in the UK. Act Now For Autism are campaigning against aspects of the Welfare Reform Bill, specifically the WCA, Work Programme and the impact of the changeover to Universal Credit and PIP. We are ardently campaigning for advocacy to be offered to anyone who has to have a face-to-face assessment.
Monday, 17 September 2012
Saturday, 15 September 2012
WCA Year 3 Call For Evidence - Our Submission
Harrington Review - WCA Year 3 Call For Evidence
Question 8 (Organisations)
Communications
Effective communication continues to be one of the biggest
issues for adults with autism, who often have complex communication needs. For
this reason Act Now For Autism is committed to campaigning for the offer of an
advocate to be made to every adult with autism at the first point of contact
from the DWP or JCP.
The assessment process and how effective communication with
autistic adults is a postcode lottery. Some areas appear to be more
understanding than others. Some of those who are making contact with the adult
with autism are insisting on speak to the adult even when there is a parent or
carer present who has been registered as the appointee of the adult. Refusing
to speak to a parent or carer effectively denies the adult with autism the
right to communicate effectively.
As we have stated before adults with autism often have a
method of communication which is most effective for them. For some adults that
method of communication will not be via the telephone. Adults with autism have
told us that they feel under intense pressure once they realise that the call
they are receiving is to confirm that the process of assessment has officialy
commenced. Despite the fact that what is required of them is what could be
considered to be basic communication skills, adults have told us that their
levels of anxiety elevated very quickly.
One adult with autism told us that during the four years he
has been communicating with the DWP they have never once done what has been
asked of them. Despite him and his social care team informing the DWP in
writing about the adult’s preferred method of communication the DWP continued
to communicate with the adult by letter. He told us that from the moment he
sees the brown envelope his levels of anxiety increase and this affects his
ability to function.
One adult told us that they find ‘all such people
confusing’. They no longer see doctors or anyone like a doctor or professional
because of the extreme stress that having to answer question places them under.
One parent told us that JCP rang to speak to her son and
asked if they had received a letter informing them that the process of
migration from Incapacity Benefit to ESA had begun and that they should expect
to receive the ESA50 questionnaire soon. The letter had not arrived.
Fortunately the parent took the call and was therefore able to deal with the
fact that the letter had not arrived in a calm manner. She told us that had her
son taken the call they would have been living on red alert for days.
After receiving the ESA50 questionnaire one adult told us
that they started wetting the bed and they started having seizures again,
something that they had not experienced for some time. The amount of seizures
increased during the time that the adult had to wait for a face to face
assessment.
One adult whose social worker arranged to come and speak to
them about their forth coming assessment had to cancel the meeting because the
thought of having to talk about what was going to happen to them during the
assessment was just too much for them.
Face to face assessment
The face to face assessment will always be difficult for
adults with autism and also continues to be something of a postcode lottery.
We have heard from adults who have been allowed to have an
advocate present and to help the adult to communicate effectively. We have also
heard from adults who have been refused the support of an advocate during their
assessment.
It is essential that adults who could have the support of an
advocate during their face to face assessment are allowed to do so.
Decision Making
There appears to be no consistency in how long it takes for
a decision to be reached following an assessment. We have heard from parents
and carers who are having to contact the DWP themselves on behalf of their
adult child to find out if a decision has been reached.
Question 11
What one thing (if any) would you change about the WCA to
make the system better for people claiming ESA?
Act Now For Autism does not believe that the WCA in its
current format is fit for purpose for adults with autism. We do not believe
that tweaking the descriptors will be enough to ensure that the complex nature
of autism is accurately assessed.
We believe that there needs to be specific descriptors
for adults with autism.
Effective communication must surely underpin the WCA
otherwise how can an assessor be sure that they are making the right
recommendation following their assessment of an adult with autism?
What adults with autism might say is not always what they
mean. They may misunderstand questions that they are being asked. They find it
hard to answer questions especially if they feel that they are under pressure
to produce a response to a question. They will fail to pick up on inference and
assumption and all non-verbal forms of communication. For example, when asked,
“Can you travel to work on a bus?”, they may say yes, but not explain that they
can use only one bus route, or that they can only travel to work by bus with
the help of a support worker. (and that it may have taken years to be trained
to do this task) They might not think to add that if the bus is late or if the
bus is not the right colour, despite it having the right number, that they
would continue to stand at the bus stop waiting for ‘the right bus’ to arrive.
People with autism face problems with communication
that other people who do not have the right experience of the condition would
not see.
If a WCA was being carried out on someone for whom
English was not their first language they would be given access to an
interpreter to ensure that they were able to communicate effectively throughout
the process.
The communication impairment for someone on the autistic
spectrum is even more complex than simply speaking in a different language.
They require specialised skills in addition to those that would be expected
from an interpreter. At the moment they are not even being offered the services
of a specially trained advocate at any point during the process.
It is essential that the person who is carrying out the work
capability assessment can communicate effectively with the adult they are
assessing. Unless the person has been specifically trained to communicate with
people with autism there needs to be either someone who has to advocate for the
person or someone who knows the person well who can act as an advocate.
The time lapse between the first contact made by Job Centre
Plus and the actual assessment is far too long for someone with autism. We
understand that some people are having to wait up to 13 weeks for an
assessment. This is placing people with autism under a huge amount of stress
and raising their levels of anxiety to an almost unmanageable level. Some
adults are simply not coping with their levels of anxiety and are having to
seek professional help and support.
This in itself is unacceptable but Act Now For Autism has
heard from several adults with autism who after finally completing the lengthy
process of assessment have being informed that they will be reassessed again
within 4 months of the final decision being made. This is simply cruel and
intolerable and needs to be stopped now!
In July 2010 Carole Rutherford co-founder of Act Now for
Autism asked Tony Attwood, who is considered to be one of the world’s leading
experts on autism, questions about autism and mental health issues.
Carole asked about the necessity for correctly trained professional to deal
with people on the autistic spectrum and how anxiety could impact on the lives
of people with autism. In his response to Carole Tony Attwood said
‘We now recognise that there are actually constitutional,
that is neurological reasons, why those with autism spectrum disorders are
prone to mental health issues, predominately anxiety. Constitutionally they are
natural worriers who find it very hard not to catastrophise panic and worry
about what things are going to occur.
Mental health issues can arise due to the frustration of
not knowing how to solve a problem.
The experience and expression of emotions is a major
problem for such individuals which are not simply caused by the environment.
However the environment can make it worse. "
The WCA is being carried out in an alien environment and is
presenting adults with autism with a very real problem, one which they feel is
they have no control over whatsoever. This is resulting in extreme anxiety and
frustration leading to mental health problems.
It is therefore essential that the WCA not only reflects the
complexities of autism and how it can impact on the life of an adult with the
condition, but also that it is carried out quickly keeping the time that an
adult with autism has to 'catastrophise panic and worry' about the outcome of
the assessment to a minimum.
The fact that there are neurological reasons for the extreme
anxiety that adults with autism suffer from must taken account of when an adult
with autism beings the assessment process. To actively ignore this must surely
go against the Equalities Act (2010) which clearly states that reasonable
adjustments must be made for people with disabilities. The Act also states that
it is it is unlawful to discriminate against disabled people yet adults with
autism are being discriminated against by not providing them with an auxiliary
aid, which can either be mechanical or in the form or a person, to ensure that
they can communicate effectively throughout the process.
At the moment adults with autism are telling Act Now For
Autism that they feel as if they are being punished for having autism and that
they would rather die than have to ever endure an assessment again.
Because autism is such a complex condition we believe
that it is impossible to accurately assess a person with the condition without
first fully understanding how that condition impacts on their lives. The only
way in which to resolve the numerous issue with the WCA and autism would be to
have a specially written descriptor(s) for autism. The WCA has to take into
account the many facets of the condition and make the reasonable adjustments
that are necessary when trying to assess the functionality of someone with autism.
Friday, 14 September 2012
My Life With Autism - Applying For ESA
Act Now For Autism
Continuing our My Life With Autism series of guest blogs, Yvonne has taken the time to write a piece about receiving the call from the DWP for her son to apply for Employment Support Allowance and potentially attend a Work Capability Assessment:
"MY EXPERIENCES OF THE ASSESSMENT
PROCESS SO FAR.
BY YVONNE MOORE, MOTHER OF DOUGLAS,( AGED 22) WHO IS AUTISTIC
(I
have abbreviated Questionnaire to “Q” in the following.)
I have been
dreading this for over a year, knowing it was going to be
mentally demanding, and knowing that the whole system is flawed.
I feel very
strongly that those with conditions such as autism, should not be required to
be assessed, so I feel so ANGRY that my son has to be when it is
so obvious that he cannot work. All they had to do was contact Social Work who
can tell them that Doug receives 1:1 support on a daily basis, and that the
huge majority of it is autism-specific support. I feel so angry that I have to justify
my son’s disability again. It is just so incredibly unnecessary, and it is
actually painful, and depressing.
Evidence of the person’s condition should be
adequate, without having to fill in such a complicated form.
I have also
been dreading it because I have heard of people being called for WCA, when it
is so ridiculously obvious these people could never work.
Being Doug’s
Legal Guardian, to me is enough proof in itself, that Doug is unable to work.
Anticipating
the dreaded envelope dropping
through the door has been so bad, I became very fearful of the post, and my
heart would skip a beat, EVERY SINGLE time we received post. After a year
of waiting, I first received a phone call from DWP, checking my, and Doug’s
details – address etc. The caller was obviously just going through a
check-list. He advised me I would receive a questionnaire through the door
within a few weeks.
On Thursday
28th June, I came home after a pleasant afternoon,( watching my son
being presented with a certificate from Drake Music), to find the dreaded
envelope lying on the door-mat. The mood of my pleasant afternoon was
completely destroyed.
My reaction
was total panic, and I could hardly breathe. I have been unable to work since
Doug was born and my husband only has a tiny pension, so we are utterly dependent
on Doug’s benefits to enable us to care from him properly. Losing this, would
probably mean he would have to go into state- supported accommodation, far too
early and without adequate preparation.
I phoned my
social worker, and despite her wanting to help me, she couldn’t come out, as
she was going on holiday and by the time she came back, the date for returning
the questionnaire would have passed. They give you four weeks to return it,
which I feel is not enough time to gather evidence from the professionals
involved with Doug, and you have to have good reason for not returning it in
time. My social worker said she would get their Welfare Rights team to help me.
BUT when she phoned them she was shocked to convey that they had been inundated
with requests for help since welfare reform started, that there was long
waiting list’ and they would not be able to assist me before the ‘return’ date
had expired. She apologised profusely
for this. She did manage however to write and send a supporting letter before
she went on holiday, for which I am grateful.
I phoned
Caroline at Scottish Autism, who had been out for one visit
already – this was a referral via PASDA, and who after listening
to us describe Doug for hours, and meeting him, said Doug was very typically
autistic. She was extremely keen to help as she knew how incredibly important
it was.
We scanned
every page of the Questionnaire and e-mailed it to her, so she could prepare
answers in the technical language so needed to describe his behaviours. It
would have been a horrendous task to do this on our own, as we don’t have the
relevant technical language required, and would have just probably sent a huge
amount of examples of how Doug’s autism affects him.
She arranged
to come out on the Wed 4th July, which was the Wed immediately after
I received the Q in the post. She stayed for 3 hours, going through every
question in fine detail, and asking for examples of Doug’s behaviour to include
in her explanations. She then worked solidly on our case, on the following
Thurs and Friday, and even though she finished up on the Friday for annual
leave, she continued working through the weekend and following Monday,
e-mailing parts of the Q at a time to let us peruse them carefully.
On the
Monday evening, she e-mailed the final part, and said she would be available
until the Thursday, before she went on holiday, if we wanted to contact her.
It took us
the whole of the following week to go through her e-mail, extracting parts
required, (she said she had obviously written too much, and to exclude parts we
thought weren’t relevant) and then adding in our own anecdotal descriptions of
how Doug’s autism affects him.
Also, we had
to practice hand writing our info, into
the small boxes provided, on a ‘practice’ Q. We had to use tiny writing. It
took us a whole day. Then my husband noticed on part of the form that we could
fill in the form on-line, and then down-load it. It was not made immediately
clear that this was an option, and in our opinion, it should have been stated
clearly in the covering letter. We wasted a huge amount of time and effort
trying to hand-write it all in the boxes. For those having to use the paper
copy, it is obvious that the boxes are just not big enough to include enough
information.
It WAS made
clear however that you HAD to use the envelope provided, not any other envelope. This envelope is NOT A4, but A5. This is, we
feel a deliberate ploy to limit the amount of documentary evidence you can
include with the form.
We
eventually on the Thursday evening, finished completing the form, using
Caroline’s info, and our own added examples re Doug. We printed it out.
It became
evident, at that point that we were not going to fit ALL the pages, plus added
evidence, into such a small envelope, so we printed it out AGAIN, turning each
individual page over as it printed, and printing on the the other side too.
This halved the pages from 20 to 10.
It then said
at the end of the Q, that Doug MUST sign it, if he was at all capable. I forgot
to prepare Doug for this, and he became very agitated, and his face went red.
We had to have a practice first, and then he signed it (pretty illegibly). I
had to complete the form for him, and state why I was completing it on behalf
of him, and who I was – therefore why I couldn’t then sign it on behalf of him
too, is complete madness.
We also feel
Q 15 is totally flawed. The first part asks, “Can you leave home and go out to
places you know if someone goes with you?” The options are, ‘NO’,’YES’, &’ IT VARIES’
Then it asks, “ Can you leave home on your own
and go to places you DON’T know?” The options are ‘Usually’, ‘Not very often’
and ‘It varies’. It does NOT give you an option of “NO”. So I didn’t tick ANY
of the options, and explained why in the box below. Is this a ‘trick’ question?
Seems to us it is, as some claimants would just feel they must tick one of the
options offered.
I then
copied my Legal Guardianship Order, the
supporting letter from my Social Worker, and a letter from head of LD service
dated 2008, stating that Doug has severe autism and requires intensive support
needs.
As the
printed out Q was now on both sides of each paper, we stapled it together in
‘book’ fashion, and added the accompanying documentation.
We delayed
sending it off, as for the whole time, we couldn’t stop adjusting it, always
thinking of new things to include, to make our case stronger. We’re ready to
post it, but as we changed the page where Doug signs, we will have to ask him
to sign it again – this time I will warn him first.
For people
without lap-tops, or possessing the ability to use one, and without printers,
the onerous task of completing this form must be even harder. We are lucky to
have had the expert, and invaluable support of Caroline at Scottish
Autism. It must be even more horrendous for those who don’t have access to a
relevant professional to support them through this.
We now feel
utterly stressed and exhausted, and so angry, that we have to justify my son’s
autism all over again. All DWP had to do was take into account all the
one-to-one support Doug receives on a daily basis, the respite package I
receive, and the taxis to take him to all his daily placements - ALL financed by Social Work –( they would NOT
find this if it wasn’t necessary) & my Guardianship Order. If they had done
this, it would have avoided all the above work.
BUT it still
isn’t over – now we have the horrendous wait to see if they deem it necessary for Doug
to have a WCA. If they do, I will doubt whether ATOS will have actually read
any of the form, and accompanying documents, and they just call every claimant
for a WCA as a Government tactic. Doug
should be put into the Support group and automatically receive ESA. If he doesn’t,
then I will have to go through an appeals process, (And I hear the DWP are now
under no obligation to do this in any set time?) And meanwhile Doug receives no
benefits.
I don’t want
to wish to go into any medical details, but my health has suffered due to this
– I was, and still am, sick with worry.
I am not
surprised people have committed suicide over this."
(**In the time since Yvonne wrote this, she has contacted the DWP who were unable to advise what decision had been made and were quite unhelpful. Yvonne called Atos directly who confirmed to her verbally that they were recommending Douglas go into the Support Group without having to attend a WCA. The DWP is yet to confirm this decision.)
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