Memorandum submitted by the Public and
Commercial Services Union (PCS) (SD 08)
INTRODUCTION AND
SUMMARY
1. The Public and Commercial Services Union
(PCS) is the largest trade union within both the civil service
and the Department for Work and Pensions (DWP). PCS represents
85,000 members working in the DWP; a significant proportion of
these members (particularly in London) are from black and minority
ethnic (BME) communities.
2. PCS welcomes the select committee's timely
inquiry and is happy to supplement this written submission with
oral evidence.
3. In preparing this submission we have
considered how the Stephen Lawrence inquiry highlighted the inherent
discrimination within society and how it affects the service received
by the BME communities.
4. In terms of those using the services
the 2000 census shows that about 10% of the UK population is from
BME communities. On this basis the DWP serves approximately 2.3
million customers from these communities. It can be argued that
due to discrimination BME people suffer from higher unemployment
in comparison to the white population. Unfortunately, the DWP
is under no legal obligation to monitor its customers by ethnicity.
PCS makes a recommendation on this as part of its submission on
Issue 2.
5. PCS believes that the DWP's policies,
service delivery arrangements and treatment of staff do, inadvertently
or otherwise, result in discrimination against BME staff, customers
and communities. While the DWP has already taken some positive
action on some of these issues PCS believes that the DWP needs
to embed these issues in its core culture. We believe the recommendations
in this submission would be valuable in improving the DWP's performance
in this area and that the best way of implementing these changes
is in partnership with the union, BME staff and their communities.
6. This submission deals with seven issues
raised in the press notice announcing the inquiry;
— Standards of service towards claimants
from black and minority ethnic communities, and systems for monitoring.
— The ethnic make up of customers and
staff, and systems for monitoring.
— The information needs of minority
ethnic claimants.
— Cultural issues affecting delivery.
— Systems for obtaining feedback from
black and minority ethnic customers.
— How complaints of unfair treatment
are dealt with.
— The employment of people from black
and minority ethnic communities by the DWP.
ISSUE 1
Standards of service towards claimants from black
and minority ethnic communities and systems for monitoring
7. The DWP does not have specific service
standards for dealing with BME customers nor does it specifically
monitor satisfaction among BME communities. There is evidence
that local proactive services for BME communities are among the
first to be dropped to meet budget and headcount requirements.
The DWP provides central guidance on service delivery to BME claimants
but many managers at a local level do not adhere to it.
8. Information is often communicated in
English only, even when it is clear that the claimant is unable
to understand English, and benefits are subsequently stopped due
to the claimant's non-action. We believe this is unacceptable.
The DWP needs to not only specify guidance on service delivery
for BME communities but also to monitor and enforce its application.
9. The DWP needs to do more to improve staff
understanding of the needs of BME communities and vice versa.
PCS is concerned that there are currently some imbedded racist
attitudes in the Department. For example, the March 2003 DWP Counter
Intelligence Newsletter for the Fraud staff stated: "Jamaicans
need a visa to enter UK . . . Ask for UK birth certificates when
a customer provides a UK passport as identification".
10. This circular has led to much criticism
by BME staff. Many other nationals also need a visa but are not
subject to these additional tests, nor are there any known statistics
to support the view that Jamaicans are particularly fraudulent
claimants. The new pension credit adverts could also be publicised
in the BME media.
11. PCS believes the following steps could
enhance service delivery for BME communities:
— Establishing a benchmark for service
delivery to BME claimants and making arrangements to monitor outcomes
and take remedial action where necessary.
— Instituting a right to request home
visits by claimants suffering from sickle cell.
— Establishing a right to request DWP
letters in the eight major languages including Urdu, Punjabi,
Chinese, Gujarat.
— Ensuring the main DWP leaflets are
published in other languages and updated regularly, similar to
the Welsh language requirement.
— Conducting research into the possible
racial motive involved in the DWP campaigns; "targeting persons
from abroad" and "fraud drives on small employers"
both of which disproportionately affect BME people.
— Equality proofing and monitoring
the effectiveness of the DWP media campaigns and newsletters for
staff.
— Monitoring the effects of "relocation
of work" on BME communities and taking remedial action where
necessary.
— Considering the effects of positive
actions at local level such as the introduction of area ethnic
liaison officers and service improvements for BME communities
and rolling out best practice nationally.
ISSUE 2
The ethnic makeup of customers and staff, and
systems for monitoring
12. The DWP does not monitor claimants by
ethnicity. However, PCS believes that there should be a legislative
requirement for the DWP to undertake such monitoring. In the interim
the DWP could learn from its own agencies such as Jobcentre Plus,
which successfully records the ethnicity of unemployed people,
and apply that to rest of the DWP.
13. The DWP does monitor its staff by ethnicity.
However, the 2001 DWP ethnic survey, like previous surveys, had
a 30.7% non-response rate which made meaningful analysis difficult.
The CRE believes that most of the non-respondents on ethnic surveys
are "white". The union would therefore argue that in
future staff surveys all non-respondents should be classified
as "white" and the analysis undertaken on this basis.
14. Rather than hide behind the incomplete
statistics DWP management have, to their credit, undertaken some
positive initiatives such as BME staff development programmes.
However, there are still significant problems in the Department.
The DWP's continuing reliance on performance pay (even though
Cabinet Office studies have said BME people suffer from under
this system) continues to be a PCS concern.
15. The DWP is the largest single employer
of BME staff in the civil service, both by numbers and percentage.
However, the DWP's own figures up to June 2002 shows BME staff
are under-represented at all grades apart from the most junior
two. Out of 69,000 administrative officers (the second most junior
grade) 4,400 are BME; out of 2,000 senior executive officers 18
are BME; out of 1,450 grade 7 and above (the principal management
grade which can and does influence policy and delivery) eight
are BME. There is clearly much more that needs to be done to rectify
this position.
16. We believe the following steps should
be taken to improve the position:
— All benefit applications to have
a separate sheet to declare ethnicity.
— The continuous monitoring of all
benefits, by ethnicity.
— Local/area ethnic monitoring of information
on Social Fund (a discretionary benefit), such as "applications"
versus "benefits allowed" allowing the development of
appropriate remedial action.
— Local/area based targets on the number
and grades of ethnic staff to provide confidence to the BME community
about DWP recruitment arrangements.
— The abolition of performance pay
and special bonuses as they adversely affect BME staff.
— Future ethnic surveys to classify
all non-respondents as "white" and provide a written
opportunity for them to re-categorise.
— Comprehensive ethnic monitoring of
staff training courses, development programmes, promotion, appraisals,
vacancy filling, reason for leaving and recruitment.
ISSUE 3
The information needs of BME claimants
17. The DWP's funding arrangements do not
appear to cater for the specific service delivery needs of BME
communities. For example, a DWP area office covering the Midlands
used to have ethnic liaison officers but when funding was reduced
these jobs were withdrawn even though there was evidence supporting
the business need for these services.
18. Based on the information available PCS
recommends the DWP should:
— Centrally fund an area ethnic liaison
officer/s.
— Analyse the BME's use of the DWP
websites to identify needs.
— Organise a specific BME claimant
survey to establish needs.
— Consider the benefits of bilingual
staff and make appropriate arrangements to reward those staff.
ISSUE 4
Cultural issues affecting diversity
19. Recent global events have exacerbated
hostility towards the Muslim community which PCS believes can
be mirrored within the DWP. Examples of this include:
— Intolerance towards the religious
practices and prayer requirements of Muslims.
— The complete lack of prayer rooms
within DWP offices.
— Jobcentre Plus dress policies which
dictate what staff should wear.
— Extreme questioning of UK nationals
returning from an overseas trip within the guise of the Habitually
Residence Test.
— Perceptions such as "Asian people
are scroungers" which affects doctors' physical assessment
for disability benefits.
— A general disrespect when dealing
with BME staff and community and
— The lack of management support for
staff suffering from third party harassment.
20. In certain countries the state pension
is frozen for those pensioners living abroad and annually updated
for others, depending on reciprocal arrangements between countries.
BME communities view this as discriminating against people from
Africa, the Indian Sub-continent and the West Indies who, after
working in UK, want to spend some time in their country of origin.
It is seen as double blow when their state pension is frozen when
they live overseas and on return to UK they are often denied mean
tested benefits as a result of failing the Habitual Residence
Test.
21. The following steps should be taken
to improve cultural understanding:
— An area-based BME claimant forum
should be established to provide comments on service delivery
to appropriate service managers.
— The Government should review its
policy on the Habitual Residence Test and the pension freeze for
people not residing in UK in the light of their disproportionate
impact on BME people.
— A staff guide should be produced
on the use and meaning of BME names.
— Training should be provided for staff
and departmental doctors on cultural awareness.
ISSUE 5
Systems for obtaining feedback from BME customers
22. Some DWP areas have established a customer
forum which may include BME customers. However, some BME organisations
have only recently been set up and are therefore not necessarily
included in any "network" for consultation. PCS believes
BME organisations should be consulted on social security bills/legislations
to help address some of these issues at their root. PCS believes
BME customers are in a strong position to be able to provide feedback
under the umbrella of a BME organisation, rather than as a individuals,
as BME organisations can speak up for those who do not necessarily
come forward through other forms of feedback exercises.
23. Many million of customers receive housing
benefit and council tax rebate. These are social security benefits
administered by local authorities. PCS is concerned that no recognised
system exists to obtain feedback from BME customers on "invisible"
social security benefits.
24. PCS recommends that the DWP should undertake
the following to obtain feedback from BME customers:
— The Social Security Advisory Committee
must consult BME organisations on legislation/bills.
— Direct feedback should be obtained
from BME customers on invisible social security benefits.
— An evaluation of BME customers' preferred
method of service accessibility (eg by phone/face-to-face) should
be carried out and action taken.
ISSUE 6
How complaints of unfair treatment are dealt with
25. The DWP, particularly Jobcentre Plus,
has placed great importance on staff responsibilities towards
customers but not the same emphasis on customer responsibilities.
PCS has received information from its group black members' committee
that the third party harassment of BME staff is in the increase.
26. Currently, middle/senior managers investigate
staff complaints. Staff have the right to ask for an external
(not locally based) investigator on some complaints. This has
benefited BME staff as they are in the minority within the location
and the investigator grades. PCS is concerned that the DWP is
now considering removing the right of staff to ask for an external
investigator.
27. PCS recommends that the DWP should have:
— A staff charter on rights and responsibilities
on third party harassment.
— The right for staff to ask for complaints
to be investigated by an external investigator.
— Management instigation for pro-active
local PCS and CRE involvement on underlying causes of complaints.
— A system to monitor trends on racial
abuse and a means of ensuring that the punishment is proportionate
and takes into account the injury to staff feelings.
— A complaint system that is fully
resourced to ensure complaints are actioned and decisions made
timorously.
— A monitoring system for BME customer
complaints (eg is it on the basis of "nil" benefit decisions,
inappropriate behaviour etc).
ISSUE 7
Employment of people from the BME community by
the DWP
28. As a member-centred union, this is a
major issue for PCS. The union is in a particularly strong position
to comment on the way in which the DWP acts as an employer. Employment
of BME staff has an impact on the service provided to people from
BME communities. PCS is concerned that the current DWP policies
will significantly adversely affect the employment of the BME
community within the DWP.
29. As stated above, the vast majority of
DWP staff are in the most junior civil service grades and it is
these grades that provide the main interface between the Department
and the public. The ethnic make up of staff varies sharply across
the country. However, the largest number of BME staff are employed
in London. Jobcentre Plus, an agency of the DWP, has had a higher
proportion of casual staff coming from BME backgrounds in the
last year than is the case for permanent staff. This has led PCS
to the conclusion that there are problems with the recruitment
process that seem to discriminate against applicants from a minority
ethnic background.
30. Further problems arise from the reorganisation
and rationalisation now taking place as a result of the creation
of the DWP from the merger of the Department of Social Security
and the Employment Service. As part of the creation of Jobcentre
Plus the Treasury has demanded a merger dividend in the form of
a rationalisation of the estate of the predecessor organisations.
In particular, the Agency is required to reduce its number of
offices from the combined 1,600 it had at the time of its creation
to 1,000 by the end of the 2005-06 financial year. The union accepts
there is spare capacity that can be removed. We also agree that
a significant number of current offices are not fit for use and
need to be replaced. Indeed we have been arguing this point for
a number of years now. However, the union has never been offered
any justification as to how this figure for this level of cuts
was arrived at and we have increasing concerns about the appropriateness
of this figure and the manner in which it is being achieved.
31. In our view, there needs to be a proper
review of the estate to establish, on the basis of some objective
evidence, what can be dispensed with. This has not happened. Instead
regional managers have simply been given a target number of offices
that they must close during each phase of the rollout. Given the
competing pressures on regional managers to meet targets we are
not convinced that proper attention has been given to the effects
of closures on people from BME communities who use the Agency's
services. Equally, it is the case that as offices close jobs are
lost. This has a particularly high impact on BME staff in London
who make up the largest proportion of the workforce.
32. Alongside the office closure programme
the Department generally, and Jobcentre Plus in particular, are
moving a large part of their work away from local offices and
into contact centres. While there are a number of short term "tactical"
contact centres being set up in London it is the intention that
in the long run there will be no contact centres in London. This
is particularly unhelpful in improving employment opportunities
as evidence shows that inner London boroughs have 9.1% unemployment
rate while the national average is 5.5%. This will also mean that
the face-to-face contact between the BME community and BME staff
will be radically reduced to the determent of the community. Many
BME staff are currently a first point of contact for Jobcentre
Plus and even that is said to be under threat due to possible
privatisation.
33. The Pension Service has also decided
that none of its 26 contact centres will be situated in London
with Londoners having to use contact centres in places like Norwich
and Liverpool. The impact on BME staff and communities is similar
to that described above for Jobcentre Plus. In addition, the Pension
Service has cut back sharply on the number of local service staff
it employs. This is currently limited to five people per local
authority area. Again this will have a significant impact on BME
employment and on the likelihood of BME communities being dealt
with by people from a similar background.
34. These arrangements have not been subjected
to the level of external and internal scrutiny we believe is necessary
for such a major programme. In particular we believe the level
of consultation with the union, local MPs and community representatives
has been very poor.
35. PCS does not believe the Department
has given any real attention to the impact of these decisions
on BME communities. PCS is also concerned that the DWP is not
meeting its obligations under the Race Relations Amendment Act
2000.
36. Nationally the DWP employs enough BME
staff to at least equal the economically active BME population.
However, as explained above, while welcoming the DWP's development
schemes for BME employees, PCS is concerned that most BME staff
continue to work in the lower grades. The DWP has used direct
recruitment to improve the number of BME staff at senior grades
while promotion from the bottom level appears to taper at middle
management level. PCS believes that using only the direct recruitment
does not address or solve the issue of under-representation.
37. While in London there are some visible
BME senior management staff, other locations are not recruiting
BME staff. PCS believes that data should be available at the appropriate
local/area level for managers to take action.
38. PCS welcomes that the DWP senior management
staff have diversity as a key work objective. PCS notes the DWP
management only have aspirational targets for BME staff mainly
based on the 1990 census. PCS believes that the DWP targets needs
to be upped on the basis of 2000 census and this will mean even
more efforts are required to provide fairness for BME staff. PCS
believes that advancement of BME staff should be a key work objective
for all line managers.
39. PCS would recommend that the DWP should
undertake the following:
— An end to moving work out of London
and other major cities and a proper review of the office closure
proposals.
— A specific BME action plan meeting
the requirements of the Race relations Amendment Act 2000.
— Targets on BME representation on
the Non Departmental Public Bodies such as the Social Security
Advisory Committee, Industrial Injuries Advisory Board etc.
— Area/ Local based BME staff targets
based on the working population of the area/local BME community.
— A direct input from the PCS Group
Black Members Committee on negotiations with the DWP management
on issues affecting BME staff.
— Bottoms up approach used to reach
BME targets on senior management grades.
— All senior management staff to have
"advancement of BME staff as a key work objective".
— An annual report on findings and
future actions.
Mr Tom Grinyer
9 May 2003
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