Tag Archives: dismiss

Tribunal highlights corruption of disability benefit assessments as DWP tries to rely on disgraced assessor’s lies

 

The Department for Work and Pensions tried to use the lies of a disgraced and dismissed assessor as a reason to deny disability benefits to a claimant.

The corrupt and cruel Tory-run DWP tried to prolong a seriously-disabled claimant’s four-year fight for benefits by saying an upper-tier tribunal should accept an assessment by Alan Barham.

Barham was discredited after an undercover investigation by Channel 4’s Dispatches in 2016.

Private assessment firm Capita dismissed Barham and he was found guilty of misconduct by a professional standards tribunal in 2017.

But the DWP still argued that a hearing by the upper tribunal should rely on his evidence – this month.

The claimant, previously on the higher rate of both components of DLA, was refused PIP based on an assessment by Barham.

On appeal to the first tier tribunal the claimant was awarded the standard rate daily living only. So the claimant appealed to the upper tribunal.

The DWP then produced a new assessment report dated 2017, which was still based in part on the original report by Barham.

The DWP argued that, if the upper tribunal sent the case back, it would be a up to a new tribunal to decide what weight to attach to the report.

Fortunately, our legal system is staffed by intelligent people, and the judge dismissed that DWP’s demand, saying it was

not good enough, because the criticisms of Mr Barham meant that his purported observations and purported examination could not be relied upon.

The judge ended up telling the DWP there was “a wealth of evidence” already in the papers from other health professionals and if that wasn’t enough for the DWP they could order a new assessment.

There was no reason for the case to go back to a new tribunal, the judge said, so either the DWP should come to an agreement with the claimant or the judge would decide on an award.

The DWP climbed down, and the claimant was awarded 11 points for the daily living component, giving them the standard rate, and 12 points for the mobility component, giving them the enhanced rate. The award runs for 10 years from the date of the original decision.

The problem is that the DWP will have absolutely no qualms about trying the same dodge, using material by the same discredited assessor, next time it has the opportunity.

There is no penalty applied to the DWP when it tries this dodge to get out of paying people the benefits they deserve, so there is no disincentive to stop it being used.

And the difference in the stakes is enormous. For a benefit claimant, the difference between no benefit award and an enhanced rate of PIP is often the difference between life and death; for the DWP it is just another day at the office.

This case ended well; the claimant got what they deserved. What happens if the next claimant doesn’t? And when will the DWP take responsibility for the injuries its decisions cause?

Source: DWP slammed by judge for trying to rely on evidence of disgraced Capita assessor

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‘Sack me if you dare’? Johnson will be lucky if the Queen doesn’t send him to the Tower

Boris Johnson and the Queen: She should be slapping him in the face, not shaking his hand.

Beleaguered Boris Johnson will dare the Queen to sack him rather than quit over Brexit , it’s claimed.

If reports in the Sunday Times (quoted above by the Mirror) are accurate, Boris Johnson is showing the ultimate contempt for the British way of life. The Queen should do much worse than sack him.

He is insulting the Queen in the worst possible way – by suggesting that she is nothing but a figurehead with no real influence at all, and that she will not dismiss him from his job as prime minister because she is his puppet.

It seems he believes that if he takes one of any number of possible courses to an illegal “no deal” Brexit, then rather than sack him outright, the Queen will call a general election – which is exactly what he wants.

He believes he would win, and then he would be able to force whatever he wants on a population of 66 million victims – including a deal with Donald Trump’s America that will scrap your human rights, your environmental protections, and food safety standards.

All of this merely reinforces the claim that BoJob is not working in the interests of the nation, but is serving the demands of a shadowy gang of hedge fund bosses who financed his campaign to be Tory leader and are now betting on a “no deal” Brexit being a disaster in the hope making billions of pounds from our misery.

Taking all that into account, Her Majesty would be ill-advised to do anything other than sack Boris Johnson.

If she allows him to continue, she will be making the Royal Family complicit in his scheme.

And if she avoids sacking him by calling a general election, she will still bring herself and the constitution into disrepute, as she will have failed to stop a rogue prime minister and a criminal government.

Mr Johnson has already disrespected the Queen twice; first when he misled her into proroguing Parliament on a basis that was overturned by the courts, and then then he failed to apologise and resign over that debacle.

Will this be the third strike that takes him out of power?

Source: Boris Johnson ‘will dare Queen to sack him’ rather than quit over Brexit – Mirror Online

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Prorogation: Has Johnson even bothered to ask the Queen if she’ll allow it?

It’s “duper’s delight” yet again: It seems Boris Johnson thinks he can fool the Queen into giving him a free Party Election Broadcast. Wouldn’t she rather get her reserve powers out and sack him, instead?

Boris Johnson is planning to prorogue Parliament again next week, according to the political correspondents on the mainstream news. But they’ve been very quiet about whether the Queen will let him.

I made the point a couple of days ago that he brought exactly no new policies to the Conservative conference, yet now he is saying he wants to shut down Parliament for a further three debating days – on top of the 10 or more that were lost in the illegal prorogation – and re-open it with a Queen’s Speech detailing a new legislative programme. Is he delusional?

Private Eye certainly seems to believe Her Majesty is likely to cast a jaundiced eye over any future proposals from the man we call BoJob.

According to Beastrabban, “The magazine’s ‘Court Circular’ … covers the fall-out from Lady Hale’s judgement, including the Queen’s immense displeasure at hearing that the judges concluded that sovereignty lay with parliament and the orders written in her own hand were absolutely valueless. But she is also angry with Dictator J. Peasemold Johnson for not defending her in this fiasco. The mag’s correspondent, ‘Flunkey’, writes

“Johnson’s phone call with Brenda later on Judgment Day was similarly perplexing. He had part-blustered, part-charmed Brenda into believing his vision of a prorogational paradise and presented her with legal opinions to back up his case. But lawyers can be found to argue that black is white if someone is paying them to. Brenda bowed to Johnson’s demands because she had no choice. But it is the job of prime ministers to protect a monarch who has no voice, and that is what Johnson failed to do. Worse, he didn’t even try very hard. The palace had assumed that Johnson’s phone call, with officials listening in on both sides, would consist of an apology and a request that she return to London to accept his resignation. But no. Despite briefings to the contrary from Downing Street, Johnson merely told her he “deeply and sincerely” regretted the supreme court’s decision… and that was it.

“Things look set to change now that the Supremes have sung. The palace will not indulge Johnson so readily in future. A normal state opening of parliament this month has been almost impossible: what if Lady Hale and her colleagues were to conclude that the Queen’s Speech, too, was written in invisible ink? Private audiences between Brenda and Johnson may become not so private, with suggestions they should be recorded in some form and stored in the archives just in case. And it is possible that a very reluctant Brenda might be talked into using her untested reserve powers to act in a crisis by dissolving parliament or sacking the prime minister.”

And then there’s this, from The Independent: If a Queen’s Speech is made within weeks of an expected general election, will it not assume the characteristics of a Party Political Broadcast for the Johnson government?

After the prorogation fiasco, Her Majesty is unlikely to take kindly to that!

The article states: “Boris Johnson will be using the Queen ‘to make a Conservative Party political broadcast’ if he launches a new session of parliament just weeks before a general election, a constitutional expert is warning.

“The prime minister is being urged not to ‘further abuse her position’ – after the embarrassment of the Queen’s signature being used to shut down parliament before being declared unlawful by the Supreme Court.

“Mr Johnson’s new plan is to prorogue parliament for just a few days, to allow a Queen’s Speech on 14 October when the monarch will set out his flagship domestic legislation amid huge pomp and ceremony.”

It quotes Professor Robert Hazell of the constitution unit at University College London as follows: “The Queen’s Speech will be not so much the government announcing the legislative programme for the next session, but more of an election manifesto.

“The Queen will have been used to make a Conservative Party political broadcast.

“It would bring more embarrassment to the Queen, dragging her again into political controversy.

“Boris Johnson has already caused the greatest constitutional controversy of her reign; he should not further abuse her position.”

He added something that the rest of us have suspected for some time: “This would be the first Queen’s Speech when the government had no real intention of introducing the bills it had just announced, because it hoped that, within weeks, parliament would be dissolved for an early election.”

So those funding promises on the NHS and all the other services BoJob and his cronies promised to boost really were examples of “duper’s delight” and they had no intention of fulfilling them.

Put it all together and, if I were in the Monarch’s position, I would be very nervous about agreeing to anything this man wants. He has proved himself to be uninterested in preserving the reputation of any of the UK’s constitutional pillars – and there is also a suggestion that his real purpose may be to make money for a shady group of backers at the expense of the entire nation.

Will the Queen really allow herself to be brought down by the antics of this liar?

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Judges in Johnson case give ‘green light for every politician to lie to us about our money’

‘£350 million a week for the NHS’ – a Leave campaign lie endorsed by Boris Johnson.

Charming.

According to Lady Justice Rafferty and Mr Justice Supperstone, Boris Johnson was well within the law to lie to us about the amount the UK sends to the EU every week, and the uses to which it cold be put instead.

They have not given a reason for this decision. That is to follow later.

Hmm.

I reckon they’ll probably say that the case was vexatious because it was politically-motivated – a plan to disrupt Brexit.

That’s what Mr Johnson’s lawyer said.

But the fact is that the case brought privately by Marcus Ball, is accurate.

Mr Johnson was both a member of Parliament and Mayor of London at the time he claimed that the UK gave £350 million a week to the European Union (it doesn’t) and that all of this money can be used to fund the NHS instead (it can’t).

In fact, the UK pays significantly less into the EU once rebates and the support this country receives back from the bloc are taken into consideration.

And the money could not be diverted solely into the NHS because it will be needed to ameliorate the adverse effects of Brexit on the economy.

That is, if any money is left. Estimates have suggested the weekly cost of Brexit is £800 million – more than twice the amount painted on the side of Mr Johnson’s silly red bus.

Mr Johnson would certainly have known that there would be a cost attached to Brexit, when he made his extravagant claim. And he would have known that the money the UK sends to the EU would have to be used to cover part of that cost.

We know that many people have said they voted ‘Leave’ because they were persuaded by the claim on the Brexit bus – and that they felt betrayed when they discovered it was false.

So it had a direct impact on public trust in the words of someone who, as Mayor and MP, was expected to conduct himself honestly.

That is exactly what Mr Ball’s lawyer said.

He has also said he’ll wait to see the judges’ reasons for throwing the case out before making his next move, but This Writer reckons an appeal is clearly on the cards.

Let’s hope we get clarity before the result of the Conservative leadership election is announced.

Source: Boris Johnson wins court challenge over £350m Brexit claims | Politics | The Guardian

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NO ‘justice for Jodey Whiting’ as Tory government refuses inquiry into deaths linked to DWP

[Image: www.disabledgo.com]

The Department for Work and Pensions has scorned calls for an independent inquiry into deaths related to its decisions.

Nearly 27,000 people have signed the “Justice for Jodey Whiting” petition after it was revealed that the DWP failed to follow its own safeguarding rules no less than five times in the weeks leading to her suicide in February 2017.

The DWP also destroyed a report on other safeguarding failures – in only 18 London job centres – rather than allow it to become public after a Freedom of Information request was submitted for its release.

But this department of the Conservative government has shown its contempt for the thousands who have demanded justice, with a response to petitioners that shows the Tories don’t think they are worth a proper answer.

Here it is – with a few comments from myself in bold. I’m not the best person to provide a commentary but the arrogance of the Tories means I cannot let it pass:

“DWP has apologised unreservedly for the failings in the case of Ms Whiting and recognises the importance of safeguarding.” Recognising its importance and actually carrying it out are two different things. An apology costs nothing, and we already know that the Tories consider the death of any claimant to be a “positive benefit outcome”. “The Government has no plans to hold an inquiry into deaths of claimants.” Because the result would be damning?

“The case of Ms Whiting is undeniably tragic and complex. Her case has been looked at in detail by the Independent Case Examiner (ICE) who regrettably found several failings in the way her case was handled. We aim to maintain a very high level of customer service and one mistake is obviously one too many.” Why, then, do we have records of not just one death – not mistake, let’s call it what it is – too many, but dozens; possibly hundreds, with thousands more unexplained and reports suggesting that the number of DWP-related deaths stretches to the hundreds of thousands? “Unfortunately, in this instance the expected standard of customer service was not achieved.” And what about the many other – so many other – cases? “The Department has apologised unreservedly for these failings and awarded the family compensation.” Yet these deaths continue to happen and we have evidence that DWP staff are ignoring safeguarding procedures. Why are they doing this?

“We currently have no plans to hold an independent inquiry into deaths relating to actions taken by the Department for Work and Pensions (DWP). The ICE did not find any evidence of misconduct by Civil Servants or Ministers.” Was the ICE made to sign a non-disclosure agreement stipulating that they may not do anything to suggest criticism of the DWP, as has been found to be the case with other people and organisations? “The DWP supports people with a wide variety of needs and staff are trained to identify signs of vulnerability which may include offering extra help with people’s benefits should they need it.” This is not borne out by the evidence. And identifying signs of vulnerability is not the same as offering help. “The safeguarding of claimants is a priority and the department has a number of processes in place, including a home visiting service to check on people’s well-being, or offering help with completing forms, as well as signposting to specialist support provided by other organisations we work closely with.” Again, the evidence suggests the opposite of what is being said. There have been cases of severely ill people being interrogated by DWP representatives while they were in hospital – is this what is meant by “a home visiting service to check on people’s well-being”? As for “help with completing forms”, is this why nobody trusts the DWP to do so?

“Claimants of working age who wish to apply for Employment and Support Allowance because their health or disability impacts on their ability to work are usually required to attend a Work Capability Assessment.” Yes indeed – and this assessment system was proven to be a failure many years ago. It is based on a bastardised form of the “biopsychosocial” model of illness that asserts that whatever the claimant’s illness, it is all in their mind and not real at all. “If a claimant fails to attend the assessment, our decision makers must check the claimant’s records for any history of mental health or other vulnerability.” In practise, mental health is never considered a reason for allowing a benefit claim. Questions may be asked, but no points are ever awarded for mental ill-health. “Where there are issues noted on the claimant’s record, decision makers are required to consider whether the claimant would benefit from a home visit.” Yet there are recorded instances of claimants being ordered to travel many miles, to assessment centres that are much further away than necessary, and then being forced to crawl upstairs because there are no lifts, with no help from any staff members. Is this the way the DWP “supports people with a wide variety of needs”, or trains staff “to identify signs of vulnerability”?

“We are committed to safeguarding vulnerable claimants and, in the tragic case where someone dies, ensuring that we respond swiftly and sensitively.” With an apology – and an overpayment demand? “In response to this case, we have changed guidance so that our staff update a claim where someone has sadly died within 48 hours, making sure we stop all unnecessary contact as quickly as possible.” But the petition does not refer to the case of Jodey Whiting alone. It demands a wide-ranging inquiry into many deaths suffered by those who relied on the DWP. “We keep our safeguarding guidance under constant review to ensure it provides the highest standard of protection to vulnerable people.” Again, reviewing this guidance and practising it are two very different things.

“Whilst the Department absolutely recognises that in this particular case errors were made and the appropriate level of service was not met, we would emphasise the thousands of decisions that our staff make every day which result in claimants receiving the health and disability benefits that they need, as well as the assistance they require.” It seems that many of those decisions are made by tribunals that find against the DWP after benefits have been denied to claimants.

“As previously stated, the DWP has apologised unreservedly for the failings in the case of Ms Whiting.” As previously stated, the petition is not only about the case of Ms Whiting and this response is an insult, not only to her but to the many others who have died as a result of – at best, incompetence, and at worst…

Malice.

An independent inquiry would have ascertained the answer. Perhaps a Labour government will order it.


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High Court throws out Duncan Smith’s “flawed and tawdry” retrospective workfare law

Criminal: Iain Duncan Smith has made the UK government into a criminal regime, illegally victimising its most vulnerable citizens.

Criminal: Iain Duncan Smith has made the UK government into a criminal regime, illegally victimising its most vulnerable citizens.

Iain Duncan Smith took an metaphorical slap in the face from the High Court today when Mrs Justice Lang said his retroactive law to refuse docked payments to jobseekers was not legal.

The Jobseekers (Back to Work Schemes) Act 2013 was rushed onto the statute books after the DWP discovered the rules under which it had docked Jobseekers’ Allowance from 228,000 people, who had refused to take part in Workfare schemes, were illegal.

The ruling does not mean that everyone who was penalised for refusing to take part, or for leaving the scheme once they had started it and realised what it was, may claim back the JSA that had been withdrawn from them.

But anyone who appealed against a benefit sanction on the basis of the previous decision will be entitled to win their appeals and be repaid the withheld benefits – as Vox Political advised at the time. That payout could be as high as £130 million.

The judge said retrospective application of the 2013 law conflicted with the European Convention on Human Rights and “interfered with the right to a fair trial” of all those affected.

(This is, of course, one reason why the government wants to repeal the Human Rights Act – your human rights obstruct ministers’ ability to abuse you.)

This is the latest twist in a legal challenge brought by Cait Reilly, a graduate who fell foul of the scheme, in 2012. She demanded a judicial review on the grounds that being forced to give up voluntary work in a museum (she wanted to be a museum curator) to stack shelves in Poundland breached her human rights.

Poundland no longer takes part in mandatory work activity schemes run by the UK government.

Her challenge succeeded when the Court of Appeal ruled that she had not been properly notified about the scheme. This meant that the government was guilty of criminal acts in removing benefit from Ms Reilly and hundreds of thousands of others.

In response, the Coalition passed an Act that retrospectively legalised its actions – but claimants argued that this was unfair and demanded their compensation.

In the meantime, Iain Duncan Smith’s own appeal was heard – and dismissed – by the Supreme Court.

And after the Act was passed, it became clear that the Coalition had known since 2011 that the policies it was enforcing do more harm than good and are not in the national interest.

Mrs Justice Lang said today (July 4) that “the absence of any consultation with representative organisations” as well as the lack of scrutiny by Parliamentary committees had led to “misconceptions about the legal justification for the retrospective legislation”.

The 2013 Act introduced a new “draconian provision, unique to this cohort of claimants” which was “not explained or justified” by the government in Parliament “at the time”.

Mrs Justice Lang rejected the Secretary of State’s assertion that flaws in the 2011 Regulations were simply “a technicality or a loophole”, that the 2013 Act sought to give effect to Parliament’s ‘original intention’ or that repayments to benefits claimants would be “an undeserved windfall”.

She also recognised that it would be “unjust to categorise the claimants in the Cait Reilly case as claimants “who have not engaged with attempts made by the state to return them to work”, as asserted by the Department for Work and Pensions.

“This case is another massive blow to this Government’s flawed and tawdry attempts to make poor people on benefits work for companies, who already make massive profits, for free,” said solicitor Phil Shiner of Public Interest Lawyers, who appeared for the unemployed.

“Last year the Supreme Court told Iain Duncan Smith and the Coalition government that the scheme was unlawful. In this case the High Court has now told the Government that the attempt to introduce retrospective legislation, after the DWP had lost in the Court of Appeal, is unlawful and a breach of the Human Rights Act and is a further disgraceful example of how far this Government is prepared to go to flout our constitution and the rule of law. [bolding mine]

“I call on the DWP to ensure that the £130 million of benefits unlawfully withheld from the poorest section of our society is now repaid.”

So there it is, in black and white. Iain Duncan Smith has made the Coalition government a criminal organisation, guilty of 228,000 human rights violations.

This is a serious matter; some of these people may have been put in serious financial hardship as a result of the Coalition’s actions. One hopes very much that nobody died but if they did, those fatalities should be added to the many thousands who have passed away as a result of Iain Duncan Smith’s homicidal regime for claimants of incapacity benefits.

Let us not forget, also, that we remain at the mercy of these tyrants. Iain Duncan Smith has announced he intends to waste yet more taxpayers’ money on another appeal. In the meantime, a DWP spokeswoman said the legislation remained “in force” and the government would not be compensating anyone pending the outcome of its appeal.

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