Lord Freud, Theresa, and the evil of workfare: The ‘fragile artifice’ of morality

In a long essay in yesterday’s Guardian, John Gray notes that our leaders talk frequently about conquering the forces of evil – for example when Barak Obama vows to destroy ISIS’s ‘brand of evil’. But he believes that this rhetoric illuminates a failure to accept that cruelty and conflict are basic human traits.

John Gray’s essay – I urge you to read it here – refers us back to an ‘old-fashioned understanding’ that is ‘a central insight of western religion’, as well as Greek tragic drama and the work of the Roman historians  that ‘evil is a propensity to destructive and self-destructive behaviour that is humanly universal’.  He adds: ‘The restraints of morality exist to curb this innate human frailty; but morality is a fragile artifice that regularly breaks down. Dealing with evil requires an acceptance that it never goes away.’

His essay continues: ‘When large populations collude with repressive regimes it need not be from thoughtlessness or inertia. Liberal meliorists like to think that human life contains many things that are bad, some of which may never be entirely eliminated; but there is nothing that is intrinsically destructive or malevolent in human beings themselves – nothing in other words, that corresponds to a traditional idea of evil. But another view is possible and one that need make no call on theology. What has been described as evil in the past can be understood as a natural tendency to animosity and destruction, co-existing in human beings alongside tendencies to sympathy and cooperation.’

He refers to the study On Compromise and Rotten Compromises by the Israeli philosopher Avishai Margalit, which distinguishes between regimes that rest on cruelty and humiliation, ‘as many have done throughout history, and those that go further by excluding some human beings altogether from moral concern…. Describing the latter as radically evil, he (Margalit) argues that Nazi Germany falls into this category’.  Judged by Margalit’s formula, John Gray says that the Soviet Union was also implicated in ‘radical evil’.  He adds: ‘The Soviet state implemented a policy of exclusion from society of “former persons” – a group that included those who lived off unearned income, clergy of all religions and tsarist functionaries – who were denied civic rights, prohibited from seeking public office and restricted in their access to the rationing system. Many died of starvation or were consigned to camps where they perished from overwork, undernourishment and brutal treatment.’

I read the phrase ‘restricted in their access to the rationing system’ , noted the role of the work camps and thought of  the impact of current ‘welfare’ policies in the UK on the lives of  the people who visit the food banks in this area of London. Many of them have complex long-term health problems – often including mental health issues. Take the case of  Theresa (not her real name), a lovely and intelligent single person who came into the food bank recently. She ended up in England as a teenager. When she ran away from her home she was very young, pregnant and already the mother of  a small child. She took that child with her.  Her tough, traumatic history has left her struggling on many fronts. She’s now a grandmother and is finally on the waiting list for long-term counselling, following a fairly recent diagnosis of borderline personality disorder (BPD). BPD can make an individual at risk of self-harm and suicidal behaviour.

She had been struggling to survive on her current employment and support allowance (ESA) rate of £140.80 a fortnight, and her inability to find enough money to buy food after she’d paid her bedroom tax (included in her rent of £47 a fortnight), council tax and other bills (her gas and electric costs alone are £25 a week) had forced her to ask a Jobcentre Plus adviser for a food bank voucher. That voucher was welcome – and good of course as far as it went. The three days of emergency help is designed to see someone through a short-term crisis. But a crisis had been building over the course of Theresa’s life, and the crisis had already come to a head.  Theresa’s life is still a very hard one, and she will keep on struggling to survive on ESA while she waits for her recent application for the Personal Independence Payment (PIP) to be assessed. In the UK these assessments for people who need help with some of the extra costs caused by long-term ill-health or disability have been mired in long delays. Theresa, like many of those awaiting PIP assessments,  has no idea how long this process will take.

‘Things started to get really bad two years ago with regard to food,’ says Theresa. ‘I’ve had to go completely without food at times. I sit in my flat without the gas on. I have no choice. I can’t afford to put the gas on during the day.’

Theresa managed to access some college courses two years ago – at which point she discovered she was dyslexic. To some extent this belated knowledge helped this bright and talented woman to start to make sense of some of the problems she had experienced in her early life. The peak of the crisis came when a while back someone – or ‘the system’ –  took the decision to place Theresa on the Work Programme. This involved Theresa offering her ‘free’ labour to two different businesses while she claimed Jobseeker’s Allowance (JSA) . Putting her on the programme caused her ‘tremendous problems’ , she says.

About 14 years earlier she had been hospitalised for depression, but she had hidden the scale of her depression from her children. But she says the unpaid work placements – one in a retail outlet and the other in a cafe – exposed her to issues she found traumatic – including bullying. The manager of the shop ‘for some reason picked on me and he wanted me behind the till all day and he wouldn’t let me fill shelves. I was working there six days a week’.  She finished the work placements and took an overdose very quickly after that. ‘I phoned my sister after I had taken lots of tablets. She rang an ambulance and I went to A&E. I was then discharged and referred to a mental health clinic. They referred me for a mental health assessment and it was then that the BPD was diagnosed.’ She’s now on the waiting list for the specialist therapy she needs for her condition. The only recent positive developments in Theresa’s life as she waits for therapy is that an individual Jobcentre Plus adviser has taken an interest and has spoken to the local council to try to sort out a temporary reduction in her rent. That would make her rent arrears more manageable. She is also receiving support from mental health charity Mind.

The Work Programme describes itself as ‘designed to help people who are at risk of becoming long-term unemployed’ and it says it  ‘aims to support people into sustained employment’. The Work Programme is delivered by providers from the private and voluntary sector, and ‘once a claimant has joined the Work Programme they will be supported by their provider for up to two years’. In reality, just 48,000 people found long-term jobs under the programme in the almost three-year period between the start of the scheme in 2011 and early 2014. That only represents 3.2% of the 1.5 million people the Department for Work and Pensions said it had referred to the programme in total. The financial cost of the programme to the public sector for the three years to March 2014 has been £1.37 billion – but it doesn’t seem as if even the most fragile artifice of morality has been factored into a scheme which puts claimants  – many of whom are some of the most vulnerable people in society – to work for no money.

Writing in the Guardian, Aditya Chakrabortty is one of  many commentators to highlight the fact that the most vulnerable people have been hit the hardest by a perfect storm of cuts to a number of core disability benefits at once. This is at a time when ‘going by GDP data, this country has never been so wealthy. It certainly has the money to look after a group that you and I would recognise as being among our most vulnerable’. His view is that the comments by Lord Freud at a Conservative party conference fringe meeting on whether people with disabilities should work for just £2 an hour  are ‘just the smallest injury Freud has dealt disabled people’.  He says ‘contempt for disabled people runs right through coalition policy’.

Writer and campaigner Johnny Void sees workfare as nothing more than a scheme for employers wishing to scrounge free workers. He asked recently: ‘Is it any wonder that unpaid work is fast becoming the new segregation for many disabled workers?’ Mike Sivier at Vox Political has also written extensively about workfare, including the decision by the High Court to declare as illegal Iain Duncan Smith’s retroactive 2013 law to refuse docked payments to jobseekers who had refused to take part in the workfare scheme. Canadian disabilities studies specialist and disability activist Samuel Miller has been reporting voluntarily to the UN’s human rights office in Geneva on what he describes as the welfare crisis for the UK’s sick and disabled. He has also written to UN High Commissioner Navi Pillay asking for an urgent investigation into the UK’s approach to benefit sanctioning.

It’s impossible to avoid the conclusion that the basic human trait of cruelty has already  been embraced and given a secure home within the UK system of government in relation to its treatment of anyone rash enough to be poor and vulnerable in the sixth richest country in the world.

 

 

Kestna’s #WCA and other reasons not to be cheerful

 

Kestna Marsh is disabled. He was forced to the foodbank after a tribunal upheld a  DWP decision to stop his benefit.
Kestna Marsh is disabled. He was forced to the foodbank after a tribunal upheld a DWP decision to stop his benefit.

Kestna Marsh was 62 this week. At the moment he probably feels he has little cause for celebration.

This former construction worker struggles to walk  as he has arthritis in his right knee,  left leg and left shoulder.  He can’t lift anything with his left arm. On the day he came into this London food bank with his voucher, his mobility was obviously restricted and he struggled with his walking stick  to move from room to room. Because of his mobility issues I felt hesitant about asking him to move even a few steps into a quieter room. Kestna walked that distance because he wanted to share his experience of Work Capability Assessment (WCA).

He was left without the money to buy adequate food after a tribunal hearing at the beginning of  last month (September) upheld the outcome  of his 2013 face-to-face ATOS WCA. He attended the tribunal on his own, without the support of a legal or welfare expert, and there were two people on the panel – a doctor and a solicitor.  The WCA awarded him zero points for his health issues, and Kestna immediately challenged this. But following the outcome of the appeal his employment and support allowance (ESA) claim was closed on September 13th. He thinks that as a result he ceased getting housing benefit on the same date. He now has to reapply for housing benefit. He’s been told by Jobcentre Plus to apply for Jobseeker’s Allowance (JSA), but he says he has been told by Jobcentre Plus that any claim for JSA wouldn’t be processed until October 17th.

He explains here how his health problems affect his life and how he feels about losing his tribunal appeal (apologies for the unconventional presentation of the video – camera operator in training!).

His Disability Living Allowance (DLA) of about £215 is paid monthly, but the payment in mid-September of about £50 a week has gone mainly on bills. What about food?  “I’ve been eating salad, beans, cheese and the odd sandwich here and there. I can’t do a proper food shop. If you gave me stuff to cook my gas is more or less onto nil. I haven’t got a penny to my name.”

Kestna added: “They expect me to go back to work. They’ve told me that if another illness emerges then I can apply for ESA again. Since my original assessment (in 2013) my problems have got worse. I can’t use a computer and I can’t sit too much or walk too far for too long. What sort of job do they expect me to do? I previously worked in construction and I know that for me to sit in an office would require retraining.”

The serious difficulties he faces because of his obvious ill-health and the stopping of his ESA are compounded by his council housing situation and the difficulties in building up a relationship with a GP at his new surgery who can get to know him properly.

He lives on his own, and has recently moved from one part of the Royal Borough of Greenwich  to another. He wanted to move to a ground floor flat, so he was offered one. But this new flat hasn’t been adapted to meet his mobility needs, so he is not entitled to the rent rebate that would accompany such an adaptation. He says that because the council moved him into a two bedroom flat instead of the one bedroom flat he wanted, the council has classed the flat as under-occupied. So because he’s been deemed as having an extra room, he’s having to pay an extra £12 a week towards the bedroom tax – for a flat that hasn’t even been adapted to meet his physical needs.

Kestna also says that there is apparently some discrepancy arising from his move from another flat in the borough, meaning that the council may have been paying him housing benefit for both flats. He also has council tax arrears of £112.

He left the food bank with contact details for welfare and housing rights experts.

He also left promising that he would make an appointment with his GP. “I’ve just moved into the area, so I don’t have a relationship with the GP yet. I must have had at least four or five appointments with different doctors.”

How did the tribunal decision leave him feeling? “I was really angry. I’ve never been through the food bank stuff. I always stuck to relying on my doctor. I got the certificate and sent it in on time. To find that they closed my claim without even informing me they were doing it, in my circumstances –  I feel quite disgusted really.”

Many thanks to Kestna for speaking up.

 

 

 

Homeless cleared from London streets: But many face long stays in waiting areas

David Goddard spent four weeks sleeping on the floor at one of  the three No Second Night Out hubs in London. The target length of stay is 72 hours.
David Goddard spent four weeks sleeping on the floor at one of the three No Second Night Out hubs in London. The target length of stay is 72 hours.
A few weeks ago I wrote about David Goddard, a young homeless man who was released from prison and spent a number of weeks in accommodation known as the hub in Lewisham, South East London. The hub is a place which takes in new rough sleepers, and is run by an organisation called No Second Night Out (NSNO). NSNO was set up in 2011 by Mayor of London Boris Johnson as part of an agenda to end rough sleeping in London by 2012. The Greater London Authority (GLA) pays for the stays. The idea is to stop the homeless spending a second night on the street and to prevent them becoming entrenched there. There are two other NSNO hubs in London providing emergency spaces for the homeless – in Islington and Shepherd’s Bush. NSNO describes these places as “an A&E for the homeless – a safe space”, and as a “staging area”.

David told me that in the past he had an issue with heroin addiction and had been forced to steal to survive. He got into trouble with the police and ended up in prison because of this. He  said a few things about his NSNO hub accommodation that concerned me. He described a room containing about 25 people of both sexes, with people sleeping on the floor and chairs. He also said people as young as 16 or 17 had been there, and that he had been staying there for six weeks.

I needed to check all this out, because of the safeguarding issues potentially raised. To do this I spoke to Deputy Director of NSNO Dan Olney, who talked me through the project. He said: “NSNO is an emergency response to rough sleeping. Before we were around,  an outreach worker would have approached someone on the street. It didn’t provide for  that emergency need, and if they arranged to meet someone the next day it was difficult. Instead we have a hub rather than a hostel and the intended length of stay is 72 hours. The reality is there are cases where people stay there longer than that. It’s usually because we are trying to get an outcome via the local authority.”

When people overstay, “60 per cent of the time it’s because of a third-party – a mix of someone waiting for an appointment with the local authority, or for a response from a housing provider, or they’ve been assessed and are waiting for a housing vacancy”. NSNO “usually” expects the local authority to provide interim accommodation. “Quite often that depends on the client’s needs. A lot of our work is focused on trying to get people a service if they are entitled to it,” he added. David, he says, ended up in the unit for four weeks, rather than the six weeks he mentioned.

David told me that he was asked to leave after he got involved in a dispute with another person staying there. When I met him he had started squatting locally in an industrial unit.

Dan Olney said that if those taken into one of the three hubs had a link with another area (where they have spent three of the last five years), staff arrange to go with them to their “home” local authority and ask them to take on the case. But, “if they don’t meet the thresholds of priority need then there is guidance – but no legal obligation to meet their housing needs”. Of the 6,000 clients they’ve had since 2011, for the ones they recorded, 30 per cent had already approached their local authority for advice and assistance. For example, he told me that in the last quarter – January to March – 91 new rough sleepers had come to the borough of Westminster alone and had become clients of NSNO. But only two had a connection to Westminster. Many of them are EU nationals or from further afield.

So the aim is to do an assessment on each client within 72 hours and to then physically reconnect them to the place where they have a “home connection”. He says that NSNO “literally reconnects people worldwide, and it’s not just (giving them) a ticket – it’s working with the Home Office towards making them an offer”. What then about duty of care for the many clients who can’t be moved on within this time frame? “Security and safety is a big thing for us. We’re staffed 24 hours a day and we have to be very strict with people. If someone is presenting as a risk to people, then we give them a warning. If they’re demonstrating threatening behaviour or if someone is particularly vulnerable to a particular client group we would put them into a different part of the service.”

While the Greater London Authority pays for the stays having awarded the NSNO project a two-year contract, the project is actually run by St Mungo’s Broadway, which describes itself on its website as “a charity, a limited company and a housing association”. It says there that its aim is “helping people recover from the issues that create homelessness”. St Mungo’s Broadway employs the NSNO staff.

NSNO, said Dan, “manages safeguarding ourselves internally, and if we had a concern we would flag it up ourselves and contact the duty officer at local safeguarding services”. As well as a “risk management strategy for everyone in the hub, we have individual risk assessments”. He said the minimum age for someone staying in the hub is 18. “If they are 16 or 17 years old they would go straight to the local authority.”The hubs in Islington and Shepherd’s Bush have the option of separate accommodation for women. Dan said the hub in Lewisham is the staging post for people with lower needs. He added: “For people who have got higher needs we try to press the local authority to get them somewhere away from the hub. David would not have necessarily been acceptable for that, and a lot of time this is the reason for a long stay.”

He described NSNO as a project that is “rapid” at getting people off the streets, “but the systems that are in place around us are not always conducive to us meeting our targets”. Quite often, there’s a dispute with the local authority about whether it should be taking on a client. “It comes down to the person (from the local authority) who had done the assessment. We may think a person has a priority need, but the local authority assessment comes to a different conclusion.” The project is currently drawing up protocols with all local authorities in London, with the aim of ensuring the 72-hour time for dealing with clients is met. “The ethos is about trying to influence external partners to change the way they work to expedite the process to get people off the street,” said Dan. Some local authorities, in his view, are completely engaged with the process. Others, “particularly outer London boroughs – say we’re not having them back”.