Select Committee on Social Security Third Report



III  TREATMENT OF CLAIMANTS (GENERAL)

23. We are concerned that doctors working for Medical Services are not consistently treating claimants with the level of professionalism which they should be able to expect. This concern has arisen from our constituency casework as individual Members of Parliament, from the written and oral evidence the Committee has received from groups which deal with claimants, and from our meetings with claimants in Bristol.

24. In the next section we examine concerns about the treatment of specific groups of claimants. In this section we look at the general concerns which have been raised with us. Such concerns include claims of: uncomfortable or painful examinations; brusque or rude treatment of claimants; insufficient time being spent with claimants; inaccurate recording of information; claimants being kept waiting for unacceptably long periods, or having examinations cancelled at short notice. Examples are given below.

Claimants experiencing pain or discomfort

25. Concerns raised with the Committee include the following:

26. We were very concerned to be told about examinations by EMPs which left claimants in pain and discomfort. Guidance given to doctors by the Department clearly states that "when carrying out examinations, the Medical Services doctor is expected to ....carry out the examination gently to avoid any unnecessary discomfort to the client."[21] We cannot determine how frequently claimants experience discomfort or pain, but, while this may occasionally be necessary, we hope that it is a rare occurrence. In any event, we would expect Medical Services and the Department to treat with the utmost seriousness complaints made about this kind of examination, and to take immediate steps to ensure that, where such a complaint was found to be substantiated, the doctor concerned was not able to continue practising as an EMP, and where appropriate, that the case was brought to the attention of the General Medical Council.

Doctors being rude or brusque

27. Concerns raised with the Committee include the following:

    "examining doctors often appear brusque and intimidating."[22]

    NACAB's memorandum states that it is "concerned at the treatment of persons who undergo medical assessments. Many CABx report discomfort and embarrassment experienced by clients at the examination. They also report a lack of courtesy including failure by the examining doctors to explain to examinees the purpose of the examination."[23]

    "There is a lack of basic customer care principles generally in the treatment of people undergoing assessment. This is manifested by insensitivity of questioning, rudeness, bluntness and misuse of the power relationship between Doctor and claimant."[24]

    "Offhand and sometimes rude attitude shown to carers and professional supporting personnel."[25]

28. It can never be acceptable for doctors to treat claimants in a rude or unprofessional manner, and so we are disappointed to note the evidence that this appears to be happening. Although the incidence of such behaviour might not be widespread, any such behaviour is unacceptable.

Time spent with claimants

29. In Section VII below we examine the reasons why Medical Services might be reducing the amount of time spent examining individual claimants. Examples of the concerns raised with the Committee concerning time spent with claimants include the following:

30. A concern put to us frequently was that doctors do not spend enough time examining claimants. We examine the issue of time pressures below at Section VII, but we flag up here the widespread concern that such pressures appear to be adversely affecting the service offered to claimants. We believe that the system cannot afford to let treatment of claimant standards slip any further; on the contrary, we believe they must improve. Therefore we recommend that no reduction in average times spent examining claimants should be allowed to occur, unless hard proof can be deployed to show that there has been a genuine increase in claimant satisfaction. We are sceptical that the two can occur simultaneously. We also recommend the present duration of examinations be monitored by the Medical Quality Surveillance Group to ensure that they are sufficient to enable the doctors to produce accurate reports without being under pressure of time.

Inaccurate or distorted recording of information

31. Concerns raised with the Committee include the following:

    "The claimant's own account is often ignored both in the report and in the [decision maker's] decisions, or inaccurately recorded."[30]

    "A typical comment from an advisor concerned the doctor carrying out an All Work Test. The customer's comment that he watched films on TV was reported as being able to sit for over two hours. In fact, the customer lay on the floor to watch TV due to a back condition that made sitting uncomfortable."[31]

    "EMPs frequently make judgments and draw conclusions which are not based on medical evidence. One EMP regularly makes comments such as "he is well tanned and nails encrusted—consistent with regular outdoor pursuits". This conclusion is used to suggest that the claimant can do regular work, instead of demonstrating his difficulty in washing and his enforced inactivity—sitting in the garden."[32]

32. Failure to record information presented in an accurate manner is distressing to claimants and can lead to decision makers basing their decisions on erroneous evidence. It is unacceptable that such failure seems to occur and we recommend that Medical Services design and implement a system of recruitment, training and monitoring that ensures that its doctors can perform the fundamental task of information recording to an accurate standard. Action should be taken to dismiss those doctors who consistently fail to attain the necessary standard.

Legibility of reports

33. Concerns raised with the Committee include the following:

Inconvenient examination times

34. Concerns raised with the Committee include the following:

35. The Minister told the Committee that he thought that "our doctors are no better or worse than other doctors in the National Health Service", although he conceded that there were "exceptions, when standards fall way below an acceptable level... If I was not aware from my own constituency mailbag of complaints about Medical Services doctors, I most certainly would have been in this job, after receiving letters from my colleagues on the problems."[38]

36. Acknowledging that improving customer quality was an objective of the contracting out process, Mr Norman Haighton of the Benefits Agency, told the Committee that "I would readily accept that it has not been fulfilled yet, but.... we are at the start of a major programme of business re-engineering which will take time. I am confident that we have made a good start, and I believe it will become much more visible over the coming months. We are not there yet."[39] Sema likewise told the Committee that "there is still much to achieve over the tenure of our contract. Sema has always recognised that there is a fundamental balance to achieve and maintain between delivering a quality service, meeting the expectations of people making benefit claims and the operational efficiency needed to achieve real value for money over the contract."[40]

37. Although we deal with the issue of training generally below at Section VIII, Sema was asked specifically what training doctors get in customer care. Their representative responded that "We have, in the past, experimented with single modules... and this is a half day training course. To be perfectly honest, I thought it was less than satisfactory in that it does not necessarily give the long-term view that this is the culture of our organisation rather than a single training.... event. What we are doing in all our training, as it is developing, is including the customer services modules within them."[41]

38. We are concerned that EMPs are not currently receiving adequate training in customer care issues. We recommend that Medical Services has a dedicated training course in customer care for all new doctors, and that customer care issues also run as a 'golden thread' through all other training. There should be regular refresher training in customer care issues, delivered on an annual basis as a minimum, and such training should be assessed to ensure its effectiveness.

Dealing with poor performance

39. Some of the concerns raised about Medical Services suggest that problems can be caused by a small number of doctors who demonstrate a persistent pattern of poor performance. For example, NACAB told us that "a CAB in the West of England reported several cases where the examination lasted between 10 and 20 minutes. When one of their clients asked, at the medical examination centre, for a complaint form about the generally dismissive attitude of the doctor, she was told that there were many complaints about the doctor."[42]

40. A worrying point put to us is that Medical Services fails to deal adequately with such doctors. The County Benefit Service, Kent County Council, told us that "one doctor in particular has been the source of considerable criticism and the subject of several complaints, but the most recent response from Sema drew the comment that Dr..... was "an admired and well respected doctor." This particular doctor stated to one claimant (whom he had subjected to a previous medical assessment about which she had complained) that "you can't touch me, I'm under contract." Such a perceived lack of accountability is very worrying."[43]

41. The Department's memorandum states that "All doctors must be approved by the Chief Medical Adviser [to the DSS] before they can undertake medical assessments."[44] The Department was asked how many doctors have had their approval to work for Medical Services removed, and stated that "the number of doctors who have been "dis-approved" over the past 6 months is approximately 10."[45]

42. Consistently under-performing doctors diminish the reputation of Medical Services, cause distress to claimants, and cost the taxpayer money by producing poor quality reports which can lead to cases being overturned at Tribunal. Therefore it is important that these doctors are identified and barred from working for Medical Services. While we are pleased to note that the Chief Medical Adviser is willing to exercise his responsibility in this regard, we are not convinced that Medical Services has in place an adequate system of identifying such doctors. We recommend that Medical Services review their procedures for identifying and dealing with underperforming doctors and report back to the Chief Medical Adviser on these procedures.

Treatment of claimants: overall conclusions

43. The range and frequency of concerns raised with the Committee about the treatment of claimants by Medical Services doctors lead us to conclude that too often the organisation fails to deliver an adequate service. While we are certain that the majority of doctors employed by Medical Services take a professional approach and intend to treat claimants professionally, evidence we have received makes it clear that too often the service does the opposite. At its worst, it puts claimants through examinations which are painful and distressing and gives poor advice to BA decision makers.

44. We believe that a number of factors lead to this failure of service, amongst them: consistently poor performance by a very small proportion of doctors; inadequate training in customer care; and time pressures imposed by the system which lead to hurried examinations and reports. More broadly, the failure of service appears to reflect a broader culture within Medical Services where 'the customer' is seen not as the individual member of the public undergoing examination, but the Benefits Agency. Our inquiry has led us to conclude that, so far, the primary focus of Sema has been on operational efficiency to achieve value for money, rather than the delivery of a quality service from the point of view of the individual examinee. The 'fundamental balance' referred to in paragraph 36 above has not been achieved. We look for a major re-balancing exercise towards an improved service for the public for the remainder of Sema's contract with the Benefits Agency. We recommend that Medical Services and the Benefits Agency take urgent steps to achieve better treatment of claimants: present performance is not acceptable.


19   Welfare Rights Unit, Sheffield Social Services, quoted in evidence from Disability Alliance and RADAR, ev. p. 7. Back

20   DIAL, Nuneaton, quoted in evidence from Disability Alliance and RADAR, ev. p. 7. Back

21   The Incapacity Benefit Handbook for Medical Services Doctors, Appendix I. Back

22   GMB, Appendix 8. Back

23   Ev. p. 15, para 4. Back

24   Rotherham Metropolitan Borough Council Welfare Rights & Money Advice Service, Appendix 10. Back

25   Cystic Fibrosis Trust, Appendix 11, para 12. Back

26   London Advice Services Alliance (LASA), Appendix 15, para 4. Back

27   Rotherham Metropolitan Borough Council Welfare Rights & Money Advice Service, Appendix 10. Back

28   Disability Alliance and RADAR, ev. p. 5, para. 4.10. Back

29   Manchester Advice, Appendix 33. Back

30   Manchester Advice, Appendix 33. Back

31   Local Government Association, Appendix 30, para 8. Back

32   Conwy District Citizens Advice Bureau, Appendix 23. Back

33   Manchester Advice, Appendix 33. Back

34   Local Government Association, Appendix 30, para 3. Back

35   Lancashire County Council Welfare Rights and Social Inclusion Service, Appendix 21, para 12. Back

36   Chesterfield Support Network-Derbyshire County Council, quoted in evidence from Disability Alliance and RADAR, ev. p. 4. Back

37   Disability Alliance and RADAR, ev. p. 4. Back

38   Q 512. Back

39   Q 516. Back

40   Q 288. Back

41   Q 348. Back

42   Ev. p. 17, para 11.4. Back

43   Appendix 6, para 3.2. See also ev. p. 12, para 4.19. Back

44   Ev. p. 54, para 2.8 Back

45   Ev. p. 171, Q 1. Back


 
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