MOJ youtube video re ESA appeals

Hi Peter

Hope you fel comfortable sharing the results with us when you get them

It’s gone again! Removed by the MOJ.  http://www.youtube.com/watch?v=4L8EPHDjeqU

Anyone have any idea why?

It seems to coincide with a large number of views (over 8,000) over the last two days after it was publicised by Benefits and Work and others.

It was probably removed as the damned video was deemed to be too helpful. Too many people are winning their appeals?? Who knows!

It would be wholly wrong for the civil service to give in to a request to remove a public information film just because of pressure from the DWP.  I hope you are not right or it’s a bad day for democracy.

It was a really useful video for our clients so they could see what would happen.

Worthwhile submitting another FOI request maybe Neil? Very strange goings on if you ask me.

Have done so.

This is the bit I like:

“Let me start by assuring you that the success rate against fit for work decisions is nowhere near the figures you have been told [the TS quaterly stats!]. It is still too high, and I recently commissioned a special report from Professor Malcom Harrington into why the rate is at the level it is - but the majority of the Department’s “fit for work” decisions are upheld by the Tribunals.”

My imagined conversation/rant that led to this email would have been something like:

“Why aren’t those damn Tribunals just toeing the line? The workshy scroungers aren’t supposed to win their appeals, don’t they get that?! Videos, Youtube, whatever next- it just sends out the wrong message to people- work pays, having a severe, life limiting illness does not. The sooner they get that and go and get a job the better. Damn the law why does it just get in the way all the time. We’ll have to do something about this!” (shouting ” Malcolm, MALCOLM, MALCOOOOLM!!”)

Cue next Welfare Reform Proposal! I jest (well only a little) but life under the current Government is stranger than fiction at the moment….

That video seems to come and go like the British summer. In fact, I’m starting to wonder if the DWP are responsible for the appalling weather too.

I wonder if HMCTS can provide stats on how many mental health descriptors only are successful.

We are a mental health charity and seem to win an awful lot of appeals

we don’t record appeal outcomes but I suggest our success rate is around 90%

if you search youtube you’ll find a number of copies of the video have been posted ....

http://www.youtube.com/results?search_query=“Making+an+appeal+to+the+Social+Security+and+Child+Support+tribunal”&search_filter=0

Using the Freedom of Information Act, I have received further copies of emails and a letter about the DWP’s attempts to supress the video on YouTube.  Readers can draw their own conclusions, but it is of real concern that the DWP has been trying to influence this public information film and make it less encouraging for appellants.  Names of civil servants have been redacted.

From:
Sent: 27 March 2012 09:37
To: Minister for Employment;
Cc:
Subject: RE: Youtube video about appeals
Hi

Not yet.  My team are happy to take this forward by approaching them.  Can you tell me who you dealt with when you spoke to them last week?

Kind regards


——-Original Message——-
From: Minister for Employment
Sent: 26 March 2012 12:23
To: Minister for Employment;
Cc:
Subject: RE: Youtube video about appeals
Have officials from MoJ been in contact about the issues raised and do we know whether they are changing it?

The Secretary of State has now seen the video and shares the Department’s concerns.

Thanks


——-Original Message——-
From: Minister for Employment
Sent: 19 March 2012 17:03
To:
Cc:
Subject: RE: Youtube video about appeals
I think for the moment we should wait to see what comments they come back with. Following that we can decide what the next steps need to be. It could be helpful if we were able to pull together a more precise list of concerns about the video, noting times, etc. although it may be that we feel the whole tone of the video is wrong and could not be fixed.

——-Original Message——-
From:
Sent: 19 March 2012 16:40
To: Minister for Employment;
Cc:
Subject: Re: Youtube video about appeals

Thanks. This is very good news. I think you’ve picked up the key issues perfectly - and there were a lot to pick up!

How do you want to play it from here? Are you looking for further input from us - a meeting with MoJ? We would need to get DWP comms involved I think.

We are ready to support in any way we can.

- well done for picking up on this.

Kind regards


From: Minister for Employment
Sent: Monday, March 19, 2012 04:33 PM
To:
Cc: Minister for Employment
Subject: FW: Youtube video about appeals

Both,

For info, the offending video has been taken down temporarily while they look at our concerns. I raised the things that jumped out as wrong or negative, but there may be other things I’ve missed. Let me know if I need to add anything.

Thanks


——-Original Message——-
From:
Sent: 19 March 2012 16:29
To: Minister for Employment
Subject: RE: Youtube video about appeals
Hi ,

Thanks for this. I believe the Minister has also raised this issue with .

I’ve spoken to the relevant policy team this end, and we’ve agreed that they should temporarily remove the video whilst they look into your points below. We’ll come back to you with more substantive comments when they’ve had a chance to do so,

Many thanks,

——-Original Message——-
From:   
Sent:  28 June 2012 10:56
To: 
Cc: 
Subject:  MOJ ESA Appeals You Tube Video

,

please see the attached email which a member of our team picked up this morning with regards to reinstatement of the You tube video around appealing ESA decisions.

has asked me to forward this on to you in case you weren’t aware.

Our contacts in HMCTS have not informed us of this videos reinstatement and we have not been asked for any impacts. It appears to be relatively unchanged from the original video.

http://www.youtube.com/watch?v=4L8EPHDjeqU (external link)

Thank you

——-Original Message——-
From:
Sent: 28 June 2012 10:27
To
Cc:
Subject: MOJ ESA Appeals video on You tube
,

has been sent notification from one of the Benefit Message boards about the MOJ video being reinstated on you tube about appeals ESA decisions.

I’ve watched it and it doesn’t appear to have been changed much at all,

it still mentions that;
•  you will probably not have had opportunity to speak to anyone about your decision
•  it’s better to turn up as you are twice as many succesful if you turn up to the hearing
•  get a letter from your doctor to send it to the tribunal
•  you can prepare your appeal during months it takes to hear it
•  towards end of video mentions again that Twice as many appeals are successful if you turn up
•  Send any additional evidence to them as soon as you can (but doesn’t mention DWP will look at the decision again if you do this
•  The Jobcentre doesn’t ususally send anyone to explain their decision to the tribunal hearing

Thought you would like to know,

One for Private Eye maybe?

It’s difficult to ascertain why, for example, the incontrovertible evidence that attendance at an appeal hearing is more likely to result in a positive outcome for the appellant is problematic to DWP - unless that is, they’re following a deliberate policy to put people off lodging appeals and therefore, undermining their fundamental access to justice.

Now, that would be farfetched….....wouldn’t it?

“although it may be that we feel the whole tone of the video is wrong and could not be fixed”

just not on message old chap…

Also see attached letter from Jonathan Djanogly, Ministrer at MOJ.

meanwhile in parliamant yesterday .....

Stephen Timms: To ask the Secretary of State for Work and Pensions for what reason his Department has directed that a Ministry of Justice video advising claimants on how to appeal against a refusal of employment and support allowance should be removed from the website YouTube. [116340]

Chris Grayling: The Department did not direct that the Ministry of Justice (MOJ) video about employment and support allowance appeals be removed from the website YouTube. We sought to correct factual inaccuracies within the video which we brought to the attention of MOJ officials who agreed to revise the content of the video.

We understand that the Ministry of Justice reinstated the video, unamended, due to an administrative error. It has now been removed once more from the website.

http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm120710/text/120710w0004.htm#1207111000076