Labour fails another transparency test, as DWP appeals order to release information on universal credit deaths

Labour’s Department for Work and Pensions (DWP) has failed its latest test on transparency after appealing against a regulator’s decision that it should release vital information from secret reports into the deaths of universal credit claimants.

The information will show how many internal investigations were carried out into the deaths of universal credit claimants over the last four years of a Conservative-run DWP.

Disability News Service (DNS) has been trying since last November to secure the information, which would show the number of internal process reviews (IPRs) carried out following the death of a universal credit claimant, and what recommendations for improvements were made by the civil servants who carried out those reviews.

DWP has previously insisted that it intends to publish the information “at a future date”.

It has also argued that the “ad hoc release of the requested information into the public domain could engender public distrust in the DWP” and would “only serve to increase” the “misconceptions” and “incorrect views” held by the “general public”.

Despite those arguments, the information commissioner ordered DWP last month to release the information.

But the Information Commissioner’s Office confirmed to DNS this week that DWP has lodged an appeal against that decision.

It will now be left to the information rights tribunal to decide if the information should be released, but it is likely to be many months before that hearing takes place.

Earlier this month, DNS reported how the Labour-run DWP was also blocking the release of information about IPRs carried out into the work capability assessment (WCA) under the last government, as well as information about Conservative plans to scrap the WCA.

There had been hopes that the appointment of Labour’s Sir Stephen Timms as minister for social security and disability would herald a new culture of transparency within the department.

As chair of the Commons work and pensions committee in the last parliament, he had frequently attempted to hold the Conservative government to account over the lack of transparency within DWP and its failure to release crucial reports.

Two years ago, he wrote to work and pensions secretary Therese Coffey (PDF) to tell her his committee was concerned that her department’s “lack of transparency” could undermine public trust in DWP’s work.

Among nine examples of this lack of transparency, he pointed to the failure to publish information from IPRs, and a report on support for “vulnerable claimants” of universal credit.

But his department has now approved the decision to prevent the release of the information requested by DNS.

Only last week, DNS reported that three deaths of disabled people who took their own lives were linked to flaws within the universal credit system, despite DWP previously dismissing fears about the safety of “vulnerable” claimants as “misplaced” and deciding not to implement a recommendation by civil servants working for the prime minister that it should test that a “minimum level of support” for vulnerable claimants was available across jobcentres.

DNS reported in May how a survey by Sir Stephen’s work and pensions committee found two-thirds of DWP staff still do not have enough time to deal with safeguarding concerns “carefully” and “correctly”, despite years of deaths of benefit claimants linked with the department’s actions and failings.

Last December, a dossier of evidence submitted by the PCS union to DWP showed the department to be a failing organisation in a “state of crisis” and facing a “near collapse” of its benefits systems, with staff accusing DWP of “deliberate neglect” and revealing that claimants in vulnerable situations were “falling through the gaps” in the system.

The rollout of universal credit to the hundreds of thousands of disabled people still receiving income-related employment and support allowance (ESA) will begin next month.

DWP declined to comment this week on its decision or to confirm whether Sir Stephen was aware of the move to appeal.

But the department confirmed that it had appealed the commissioner’s decision to the information rights tribunal.

Meanwhile, new DWP figures show that of more than 800,000 people sent a “migration notice” – between July 2022 and February 2024 – telling them they must move onto universal credit, more than a third (34 per cent) had not moved across and therefore had their claim closed.

By February 2024, about 530,000 people had moved across but about 280,000 had not claimed universal credit and had their existing “legacy” claim closed.

Most of these receiving a migration notice will have been receiving tax credits, rather than out-of-work disability benefits, although many will still have been disabled people.

Next month, the universal credit rollout will see claimants of income-related ESA starting to receive their own migration notices.

DWP stressed in this week’s release that the likelihood of tax credit recipients deciding to claim universal credit “may be different” to those on legacy benefits such as ESA.

But significant concerns were raised about the DWP figures on social media.

Labour’s John McDonnell, the party’s former shadow chancellor, described the figures as “extremely worrying”.

He said: “We need a speedy inquiry to clarify what is happening as this could mean many of the poorest are losing all support.”

Greater Manchester Welfare Rights Advisers Group said on Twitter that some of the reasons for so many people failing to claim universal credit were a lack of access to the internet, low levels of digital literacy, and the “appalling” reputation of universal credit, as well as DWP and its Help to Claim service – provided by Citizens Advice and Citizens Advice Scotland – “simply not doing what they say they will do”.

Others on Twitter spoke of the “hoops u need to jump through”, DWP making “any process stressful and inhumane”, and the “very difficult” and “really stressful” process of claiming universal credit.

Another claimant of benefits, a carer for two disabled children, said: “Had my migration letter, not claiming it, when my income support stops we’re gonna manage with what we have coming in, yes we’ll be worse off but I can’t take anymore of the benefits system, the constant letters, the constant examining of our lives, I wanna feel free.”

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