The Department for Work and Pensions (DWP) has faced criticism for failing to transfer key historical records to The National Archives for over three years. The last submission, made in 2020, included documents only up to 2002. This gap raises serious concerns about transparency, as the missing records likely detail critical developments, including the early stages of the Employment and Support Allowance (ESA) and the Work Capability Assessment (WCA), both introduced in 2008.
These withheld records are vital for understanding the origins and impacts of policies linked to the deaths of numerous disabled claimants seeking out-of-work disability benefits.
Legal Obligation
The Public Records Act requires government departments to identify and transfer documents of historical value to The National Archives by the time they are 20 years old. Other major departments, including the Home Office, Treasury, Prime Minister’s Office, and Foreign and Commonwealth Office, have adhered to this requirement, transferring records up to 2003.
However, the DWP has not submitted any records relating to ministerial and senior civil servant decisions since 2020.
Why These Records Are Crucial
The withheld documents likely include details of key decisions during the early 2000s, including:
- The Development of the WCA:
The WCA, introduced in 2008, has been linked to hundreds of deaths and suicides among disabled claimants. The records may provide insights into its controversial design. - Policy Intentions:
Past records have shown cost-cutting objectives and efforts to reduce the role of general practitioners in assessing fitness for work. Similar strategies may be detailed in the withheld records. - Evidence of Harm:
Historical records from the 1990s revealed warnings about deaths linked to the All Work Test, the precursor to the WCA. The missing records may contain comparable evidence about the ESA and WCA.
Delayed Transparency
Despite claims from the DWP that all relevant files have been provided, The National Archives clarified that departments decide which records to transfer and when.
This delay raises concerns, particularly as previous records have exposed systemic failures:
| Period | Policy/Incident | Revelation |
|---|---|---|
| 1990s | Introduction of All Work Test (1995) | Ministers prioritized cost-cutting and sidelined GPs from assessing fitness for work. |
| 1996-1997 | Deaths Linked to All Work Test | Three deaths directly connected to the test were reported but not acted upon. |
| 2003–2008 | Early Development of ESA and WCA | Missing records may reveal links between policy design and harm to claimants. |
Past Lessons
Documents already transferred to The National Archives show how the DWP’s predecessors used bureaucratic measures to limit access to benefits:
- 1992 Memo: Conservative minister Peter Lilley inquired about private sector models for sickness insurance.
- 1993 Memo: Ministers instructed civil servants to ensure the new incapacity benefit, introduced in 1995, would “cost substantially less.”
Current Implications
The missing records from 2003 onward are believed to include similarly significant details, especially regarding the introduction of ESA and the WCA. Critics argue that by withholding these documents, the DWP is obscuring public scrutiny of decisions that had profound consequences for vulnerable populations.
John Pring, editor of Disability News Service and author of The Department, highlighted how previous records revealed “bureaucratic violence” in benefit policy design. The absence of newer records limits accountability for policies associated with avoidable harm.
The DWP’s failure to transfer records under the Public Records Act undermines transparency and accountability. These documents could provide critical insights into the design and implementation of policies like the WCA and ESA, shedding light on their links to the deaths of disabled claimants.
Pressure is mounting on the department to comply with its legal obligations and ensure these historical records are preserved for public scrutiny.
FAQs
What is the Public Records Act?
A law requiring government departments to transfer historical records to The National Archives by 20 years.
Why hasn’t the DWP transferred records?
The DWP claims it has sent all relevant files, but no records after 2002 have been transferred.
What are the missing records about?
They likely concern the early development of ESA and the WCA.
What is the Work Capability Assessment?
A process introduced in 2008 to determine eligibility for out-of-work disability benefits.
Why are these records important?
They may reveal links between DWP policies and deaths of disabled claimants.
