27 September 2011
Dr Michael ChamberlainChairman, BMJ (British Medical Journal) Group Board
Andrea Spyropoulos, President,Royal College of Nursing
Dear Dr Chamberlain and Andrea Spyropoulos,
Re: Atos Healthcare and parent company Atos Origin
As sick and disabled people, carers and other concerned people, including professionals, we are writing to you to urge the Royal College of Nursing and BMJ Group to immediately end your relationship with Atos, including stopping any advertising of Atos jobs or Atos the company on your websites, and not having Atos at the RCN Bulletin Jobs Fair 13-14 September, or the BMJ recruitment fair 30 September to 1 October 2011 in London.
As you know, Atos currently has a £100m a year contract with the Department for Work and Pensions (DWP) to carry out examinations for disability benefits.
We are outraged that Atos is profiting from denying those of us who are sick or disabled, the benefits we need to survive and maintain our level of health. In May, at the protest outside Atos headquarters, a number of people spoke about our experiences of the examination, being denied benefit and having to appeal to get it back. One woman testified that her brother, who had severe depression, committed suicide after being cut off. See:
http://www.guardian.co.uk/society/video/2011/may/11/disability-protest-atos-origin-video
The media have exposed more of the dire consequences of Atos’ decisions. In February, the Daily Mirror highlighted the case of a Derbyshire man with a heart condition, found fit for work, who had to go through tribunal to appeal, then was awarded Employment and Support Allowance (ESA) but died of a heart attack the day before his next Atos exam was due.
A Channel 4 News report on 27 July 2011 acknowledged what thousands have been saying: it interviewed the heartbroken partner of a critically ill man whom Atos denied his entitlement on grounds that he was ‘fit for work’ – he died less than three months later. How many more people have died following such cruel and callous treatment? The coverage was prompted by a Parliamentary report from the Work and Pensions Committee of MPs, in which they criticised Atos. Atos the powerful multinational has taken vindictive action against disabled people and carers’ websites where it is criticised, getting sites closed down which isolated people rely on for support.
In August, the Guardian reported that 12 Atos doctors are under investigation by the General Medical Council for improper conduct. The article referred to numerous previous cases and investigations by other bodies.
http://www.guardian.co.uk/politics/2011/aug/13/atos-doctors-improper-conduct-disability
A nurse in Scotland was so shocked at Atos’s behaviour that she blew the whistle on them. She said that people with serious lung diseases were found fit for work as long as they could sit in front of a computer, and that parents who attend with their children are automatically found fit for work. And Atos is investigating staff, one a nurse, who used their Facebook pages to insult people as “parasitic wankers” and “down and outs”.
According to DWP figures, only 6% of those who have been assessed are placed in the Support Group of Employment and Support Allowance (ESA) which exempts them from the work conditions now attached to benefit. (This 6% includes claimants whom the DWP has already exempted from the Atos examination because their condition is so serious.) http://research.dwp.gov.uk/asd/workingage/esa_wca/esa_wca_27072010.pdf
The Royal College of Psychiatrists and many others have strongly criticised the devastating effect the Atos exam and cuts have had on patients. http://www.guardian.co.uk/society/2011/may/31/incapacity-benefit-cuts-mental-health
GP Margaret McCartney, writing in the BMJ, has questioned the ethics of doctors performing assessments without access to patients’ medical records, and the lack of specialist knowledge of physiotherapists and general nurses employed by Atos. (BMJ 2011; 342:d599. Full article attached.)
Since 1995, when medical assessments for incapacity benefit were privatised and taken out of public services, standards have steadily declined. But Atos has brought this to a new low. While none of the work tests deserve to be called a “medical” as they have no basis in patient welfare, since Atos started carrying out the ESA tests in 2008, there has been a dramatic increase in the number of people with severe illness and disability being assessed as fit for work and denied benefits.
This has been clear for some time. In 2009, ‘Who’s Cheating Who?’, a BBC Scotland documentary, highlighted the plight of June Mitchell who applied for sickness benefit. When examined by Atos, she complained of breathlessness and feeling tired. She was scored zero points and found fit for work. She went back to her GP, was diagnosed with terminal lung cancer and died shortly afterwards.
Doctors’ and nurses’ ethics are being corrupted by Atos’ offers of higher salaries and daytime reduced work hours. Some doctors have tried to argue that their duty to patients does not apply when assessing benefit claimants on behalf of Atos. But the General Medical Council has upheld that doctors are always bound by this duty whether seeing patients, employees (when assessing occupational health), benefit and insurance claimants, athletes, among others (see attached response from the Standards & Fitness to Practise Directorate).
As doctors and nurses are enticed into privatisation, and cases of criminal negligence and even murder in hospitals and care homes hit the headlines, patients and their loved ones are increasingly speaking out against the indifference and cruelty they face at the hands of those paid to protect them.
Claimants rightly fear that most Atos assessors are uncaring and prejudiced – they work to targets which have nothing to do with patients’ individual health needs or with the realities of the job market which sick and disabled people are being thrown into. The stress of the Atos examinations has hastened deaths and caused a number of people to commit suicide. For many others, it is exacerbating their already fragile health condition.
Atos kills. Medical professionals who lend it credibility give it a licence to kill. We call on the BMJ Group and RCN to end all association with Atos, and on doctors and nurses to defend patients and uphold our welfare.
We look forward to hearing from you.
Sincerely,
Benefit Claimants Fightback: notowelfarecuts@yahoo.co.uk
Black Triangle: info@blacktrianglecampaign.org
Defend Welfare network
Disabled People Against Cuts: mail@dpac.uk.net
WinVisible (women with visible and invisible disabilities: win@winvisible.org
And: (full list of signatories at 27 September 2011):
Niki Adams, Legal Action for Women
Peter Ambrose, Visiting Professor in Housing and Health, University of Brighton
Cristel Amiss, Black Women’s Rape Action Project
Dr Frank Arnold MB ChB
Arts Against Cuts
Kate Atherton, UK Uncut
Professor Peter Beresford OBE, Brunel University and Chair, Shaping Our Lives
Sue Bott, Director, National Centre for Independent Living
Brighton & Hove TUC Unemployed Workers Centre
Brighton Disabled People Against Cuts
Linda Burnip, Debbie Jolly, Eleanor Lisney, Disabled People Against Cuts (UK)
Sara Callaway, Women of Colour in the Global Women’s Strike
Julia Cameron, Islington Disabled People Against Cuts
Dr Stephen M Carty, GP, Edinburgh
Roderick Cobley, Chair, London Autistic Rights Movement (personal capacity)
Dr Jillian Creasy, GP, Green Party councillor for Central ward, Sheffield
Liz Crow, Roaring Girl Productions
Dr Paul A. Darke, Outside Centre
Rhian Davies, Chief Executive, Disability Wales (and Rhyan Berrigan, Tania Bhutto – member, Maggie Hayes – intern, Paul Swann – policy officer, Independent Living)
Nyami Enyako, Rehabilitation Officer with Visually Impaired People, Sensory Services, London Borough of Lambeth
Kirsten Forkert, University and College Union (personal capacity)
Mat Fraser, actor and writer
Glasgow Coalition of Resistance
Claire Glasman, WinVisible (women with visible and invisible disabilities)
Anat Greenstein, Research Institute of Health and Social Change, Manchester Metropolitan University
Helmut Heib, National Union of Teachers (personal capacity)
Dr Marion Hersh, University of Glasgow
Sarah Hitchings, Lewes Stop The Cuts
Cat Hobbs, Oxford Save Our Services
Islington Poverty Action Group
Michael Kalmanovitz, Payday men’s network
Michael Lavalette, National Convenor, Social Work Action Network
Jill Leigh, BA, CQSW., Dip Counselling.
Lesbian Bi Trans Queer in the Global Women’s Strike
Lewisham Anti-Cuts Alliance
Phil Lockwood, Information Co-ordinator & Webmaster, Black Triangle
London Coalition Against Poverty
Nina López, Global Women’s Strike
Adam Lotun, Disability Risk Management & Reasonable Adjustments, Consultant, Workplace Disability Adjustments
Marie Lynam, Kilburn Unemployed Workers Group
Nushra Mansuri, British Association of Social Workers
John McArdle, Black Triangle Anti-Defamation Campaign In Defence of Disability Rights
Gillian McDonald, RMN, NHS Lothian
John McDonnell MP
Denise McKenna, Mental Health Resistance Network
Ronan McNern, Queer Resistance
Cari Mitchell, English Collective of Prostitutes
Dan Morton, Social Work Action Network ( London )
Stella Mpaka, All African Women’s Group
Rev Paul Nicolson, Chair, Zacchaeus 2000 Trust
Notts Save Our Services
Notts Uncut
Nurses Against Atos
Andrew Osborne, Cambridgeshire Against the Cuts
Anna Owens, secretary, PCS Revenue & Customs branch committee
Redhill Coalition Against Cuts
Ian Sandeman, DLA Help Group
Bill Scott, Manager, Inclusion Scotland (personal capacity)
Dave Sherry, Secretary, UNITE Scottish Housing Branch
Dr Ron Singer, president, Medical Practitioners’ Union, the doctors’ section of UNITE
Dave Skull, South East London Mad Pride
Paul Smith, Victims of Atos Corruption & Register of Shame 2
Kim Sparrow, Single Mothers’ Self-Defence
Phil Stevens, Director, Wales Council for the Blind (representing over 63 separate visual impairment groups providing support and assistance to visually impaired people – including list below**)
Russell Stronach, co-Chair, Autistic Rights Movement UK
Peter Tatchell, Peter Tatchell Foundation
The Cuts Won’t Work
Pip Tindall, Brighton Benefits Campaign
Johnny Void, Benefit Claimants Fightback
Welfare Action Hackney
Vin West, Secretary, Arfon Access Group
Alan Wheatley, Green Party TU Group Disability Spokesperson
Alison Wilde, Bangor University
Rick Wilson, Community Lives Consortium, Wales (personal capacity)
Dr Sarah Woodin, University of Leeds (personal capacity)
Dr Felicity de Zulueta, Emeritus Consultant Psychiatrist in Psychotherapy at the SLaM NHS Foundation Trust and Hon. Senior Lecturer in Traumatic Studies at KCL
**Amman Valley Blind Society, Ammanford Blind Society, Bridgevis, Brynamman Blind Society, Carmarthen Area Blind Society, Carmarthenshire County Blind Society, Ceredigion Association for the Blind, Cwmamman Blind Society, In-Sight, Llandeilo Blind Society, Llandovery & District Blind Association, Llandybie Blind Society, Llanelli Blind Society, LOOK, Merthyr Tydfil Institute for the Blind, Monmouth Visually Impaired Club, Mynydd Mawr Blind Society, North Wales Welsh Cassette Service, Partially Sighted Society, Pembrokeshire Blind Society, Radnorshire Association for the Blind, Rhondda Blind Society, Rhuddlan Borough Talking Newspaper, South Wales Talking Magazine Association, Vision Support, Visual Impairment Breconshire, Visual Impairment West Glamorgan, Visually Impaired Merthyr Tydfil, Visually Impaired Children Taking Action
Cc
Hamish Meldrum, Chairman of the British Medical Association dwestaway@bma.org.uk
Dr Brian Keighley, BMJ Deputy Chairman, Scottish Council www.atosorigin.com/en-us/Newsroom/en-us/Press_Releases/2010/2010_11_16_05.htm.
2. www.uk.atosorigin.com/NR/rdonlyres/57A2ACB1-CF8D-4414-9157-FBFE1E586957/0/AO_....
4. www.cas.org.uk/Resources/CAS/Migrated Resources/Documents/CR Work capability assessment.
6. www.mind.org.uk/news/3166_new_benefit_test_will_fail_to_spot_illness_and_disa....
8. www.dwp.gov.uk/docs/wca-review-2010.pdf.
The decision has come at a time when only a week ago, the ruling coalition had signed a deal to endorse the bill on Truth and Reconciliation Commission and conflict cases, to be dealt with as per the spirit of the Comprehensive Peace Agreement (CPA). Soon after being elected as the PM, Bhattarai had expressed commitment to form the Truth and Reconciliation Commission and Commission on Disappeared within a month.
“This decision has questioned the honesty of the government in implementing the agreement,” says UML leader Pradip Gyawali. “The decision is against the spirit of the CPA, rule of law and international humanitarian laws.”
The seven-point agreement had come as a trust building tool to move the peace process but the cabinet decision on Tuesday has alarmed the opposition. “This decision is condemnable,” says NC chief whip Laxman Ghimire. “This is a proof that we can’t expect rule of law from this government. The government hurriedly took the decision before the Truth and Reconciliation Commission was formed to protect Dhungel, who has been convicted of murder by the Supreme Court.”
Although the Supreme Court has slapped a life sentence on Dhungel convicting him of murder of Ujjan Kumar Shrestha in 2000, he was never arrested. “It is ridiculous that the government decides to recommend amnesty for a person who was never taken in custody even after he was convicted of murder,” says senior advocate and rights activist Nutan Thapaliya. “If we don’t oppose the decision, we will be promoting impunity.”
Dhungel won the CA election from Okhaldhunga-2 in 2008. The SC verdict came last year but the court verdict was never enforced. The UCPN (Maoist) had been trying to secure amnesty for Dhungel ever since the SC verdict.
The then home minister Krishna Bahadur Mahara had sent a proposal to the Cabinet on 10 June seeking amnesty to 23 people, including Dhungel, by invoking presidential power as per Article 151 of the Interim Constitution. He claimed that Dhungel was performing his political duty as per the order from his party and the charges against him were politically motivated.
The Maoist-led government had postponed the move to withdraw all ‘wartime political cases’ after the rights organisations and the United Nations strongly opposed the idea. The UCPN (Maoist) had signed a four-point deal with Madhesi Alliance to ensure the win of the Maoist candidate Baburam Bhattarai last month, in which both the parties had agreed to withdraw cases against their cadres filed during the insurgency period and Madhes Movement.
“The government decision is the formal beginning of giving immunity to criminals,” says lawyer Govinda Sharma Bandi, who is also the coordinator of the Transitional Justice Law Committee. “The decision has made mockery of the CPA, interim constitution, rule of law and international humanitarian laws.”
He argues the CPA has no provision for amnesty to those convicted of criminal offense. “The president should not allow this to happen,” he says. “As a patron of the constitution he reserves right to intervene into this unconstitutional move of the government. He should start consultations with experts before deciding on this.”
A Maoist lawyer and CA member Ekraj Bhandari says the government decision is a ‘positive step towards the peace process’. “The SC verdict is not irrevocable and final,” he says. “If the SC does not give justice to an innocent, there is a provision of seeking amnesty from the president in any country.”
He argues that Dhungel’s case is not a criminal offense but a purely political motivated one. He argues the state jailed Dhungel for eight years based on political ideology. He says, “The state should find out who is responsible for his plight and compensate him”.