Tag Archives: DWP

Philippa Day was right to distrust DWP. Coroner’s report suggests she was DELIBERATELY driven to take her own life

Inquest: Philippa Day took an insulin overdose after benefit assessment provider Capita cut her benefits and demanded that she attend an assessment centre – which was impossible due to her disability.

Philippa Day believed her benefit claim would be mishandled before she made it – and she was right. A coroner found 28 “mistakes” were made before she took the insulin overdose that ended her life.

But were they mistakes or was Gordon Clow, the coroner who reported on the case, simply unable to attribute “malign” intent?

Ms Day, who suffered from mental ill-health, certainly believed that the Department for Work and Pensions had no intention of treating her fairly, as evidenced by Mr Clow’s report.

He said she

was predisposed by her mental health problems to wrongly imagine malign motives on the part of those administering her claim

– but was she wrong?

The coroner stated [boldings mine]:

The administration of Philippa Day’s benefits claim was characterised by multiple errors, some of which occurred repeatedly throughout the period of her claim.

As a result of errors made, Philippa Day’s income from benefits more than halved for a period of several months, causing her severe financial hardship.

To try to cope with the cash shortfall, Ms Day took out high interest loans, creating a financial problem that she did not have the means to solve – and attacking her mental health.

DWP officers – and private PIP assessors – must have known that this was likely but it seems that either they did not care or they wanted it to happen. It seems to This Writer that there is a question not put by the coroner, possibly because it does not fall within his scope. It does fall within mine:

Why would a government officer deliberately push a benefit claimant into severe financial pressure, mental ill-health, and self-harm*?

That is what we see here. There was nothing accidental about it. The officials involved knew what they were doing because they had all the relevant information. The coroner stated as much in his report:

[The] risk was implicit in the information held in connection with the benefits claim and explicit in advice given to those processing her claim by Philippa Day’s community psychiatric nurse shortly prior to Philippa’s overdose.

This information was ignored.

The coroner described the result in his report:

A decision was made in June 2019 to require Philippa Day to attend an assessment at an assessment centre.

No assessment was in fact required in order to determine her claim and there was clear and abundant medical evidence that an assessment outside of the home would exacerbate her mental health against a background of two recent overdoses. The requirement for her to attend this appointment created a risk of a mental health crisis resulting in
an overdose.

Although the error in decision making was drawn to the attention of those administering the claim on more than one occasion, it was not rectified as it should have been.

The DWP made a deliberate decision to ignore the risk of a suicide attempt. And the coroner clearly argued that it was this decision that led to Ms Day’s overdose:

The failure to administer the claim in such a way as to avoid exacerbating Philippa Day’s pre-existing mental health problems was the predominant factor, save for her severe mental illness, affecting a decision taken by Philippa Day to take an overdose of her prescribed insulin on the 7th or 8th August 2019.

The distress caused by the administration of Philippa Day’s welfare benefits claim led to Philippa Day suffering acute distress and exacerbated many of her other chronic stressors.

Were it not for these problems, it is unlikely that Philippa Day would have taken an overdose of her prescribed insulin on 7th or 8th August 2019.

The coroner stated – accurately – that “it is not possible to determine on the available evidence whether or not it was her intention to thereby end her life”.

But attempts to revive her failed and she passed away on October 16, 2019.

Mr Clow’s report went on to raise “matters of concern” that give him reason to believe that further deaths will happen due to deliberate, intentional behaviour by DWP officers.

He stated:

Call handlers [at] the DWP had not received, in their preparatory course prior to commencing work taking calls from claimants, specific training as to how best to interact with persons suffering from mental ill health in such a way as to avoid inadvertently exacerbating the difficulties experienced in progressing claims for benefits by such persons.

If true, this is a deliberate choice by the DWP’s bosses – to withhold training that could prevent deaths.

Records of calls handled were very brief and, at times, inaccurate. The records did not facilitate accurate decision making or enable queries to be dealt with efficiently and without inadvertently exacerbating the difficulties experienced by Philippa Day in progressing her benefits claims .

The word that sticks out like a sore thumb here is “inadvertently”. It seems Mr Clows included it because he had no evidence that the decisions “exacerbating the difficulties experienced by Philippa Day” were deliberate. But there must have been deliberate decisions to make inaccurate reports of calls handled – leading to the consequent failures that pushed Ms Day to her overdose?

(As a reporter, I have to make choices about what information I include in stories and what I leave out. Those choices are dictated by my judgement regarding what is relevant to the article. In this article, for example, I have omitted details of Ms Day’s mental health problems; it is known that she had a mental illness so there is no need to go into the details on this occasion. As benefit assessment officers, it seems to me, those responsible for handling her claim at the DWP had a similar responsibility – to include all relevant information – but they did not. That is a deliberate choice.)

The change of assessment process did not allow for a decision, which was incorrect, to be rectified without evidence of a subsequent change of circumstances.

That must have been a deliberate decision by whoever drafted the regulations controlling this process.

In addition, when a change of review process was appropriate, there was no means by which upcoming appointments could be cancelled without causing prejudice to Philippa Day.

Again, the regulations are drafted by people who know the consequences of the actions they require – and the consequences of the actions they forbid. The government has been providing state benefits for nearly a century and it is unrealistic to believe that cases similar to Philippa Day’s have not been handled before. In fact, the evidence of other deaths suggests that hundreds take place every year.

A misleading letter was sent which led Philippa Day to consider that her benefits would be stopped if she did not attend the upcoming appointment.

This is really vile. Knowing that an assessment outside her home would harm her mental health, DWP officers deliberately put her in fear of losing her benefits if she did not attend one. That is deliberate psychological torture.

Add it all up and we see deliberate decisions that mounted up into a force that pushed Philippa Day towards the overdose that ended her life.

But not one person involved in those decisions will face any penalty for having caused the death of another human being. Not one.

Information from previous reports shows that the identities of those responsible are known, but no action is being taken against them.

Meanwhile,

Analysis carried out by the Disability News Service suggests that there could have been as many as 750 benefit claimants of working age who took their lives in 2018.

I stated at the time that “the total number since the Tories introduced PIP – let alone the harsher benefit qualification laws brought in after they came into office in 2010 – is likely to be in the tens of thousands, if not, indeed, hundreds of thousands.”

It is worse than Aktion T4 – the cull of people with disabilities in Nazi Germany during the 1930s and 1940s.

So I repeat my comments at the end of a previous report:

How many benefit assessors from Capita (and fellow private contractor Atos) have contributed to those deaths?

How many officials from the Department for Work and Pensions?

How many Conservative ministers, who imposed the legislation, and backbenchers, who supported it?

And I ask:

When will they be brought to account for the deaths they have caused?

*Not suicide – the coroner’s report showed that Ms Day’s motives cannot be deduced from the evidence available; her overdose could have been a classic “cry for help”.

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A woman died because the government drove her to suicide. Where are the prosecutions?

Philippa Day: benefit assessment provider Capita cut her benefits and demanded that she attend an assessment centre – which was impossible due to her disability. She took her life in despair.

A coroner’s finding that no fewer than 28 mistakes by the government and its officers led to the death of Mapperley mother Philippa Day is to be welcomed.

A report by benefit assessor Capita also found that three of its employees were responsible for errors that contributed to the events leading to Ms Day’s suicide.

In other words, Capita employees and government officers pushed her to her death. Why are they not facing criminal charges?

Come to that, the system that allowed them to make such mistakes was enforced by Conservative government ministers. Why are they not facing charges?

And ultimately, the system was created by legislation put forward by a Tory Work and Pensions Secretary. Why is that person not facing charges?

If I were found to have caused the death of another person, I would face a charge of murder if it could be proved to have been intentional, or manslaughter if not.

Why are these government-connected individuals allowed to get away without even being challenged?

You might think this one case is bad enough. But consider this:

Analysis carried out by the Disability News Service suggests that there could have been as many as 750 benefit claimants of working age who took their lives in 2018.

And the total number since the Tories introduced PIP – let alone the harsher benefit qualification laws brought in after they came into office in 2010 – is likely to be in the tens of thousands, if not, indeed, hundreds of thousands.

How many benefit assessors from Capita (and fellow private contractor Atos) have contributed to those deaths?

How many officials from the Department for Work and Pensions?

How many Conservative ministers, who imposed the legislation, and backbenchers, who supported it?

The coroner has issued PFD (Prevention of Future Deaths) notices that demand action from the Department for Work and Pensions.

But no action is being taken even to identify the men and/or women responsible for pushing Ms Day to suicide.

It seems the Conservatives have perfected a method of mass-slaughtering innocent people.

Source: UK: Government report describes appalling official treatment of seriously disabled Philippa Day who took her own life – World Socialist Web Site

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Judicial review over DWP starvation death of Errol Graham has begun

People die because of DWP mistakes: Errol Graham starved to death because the department decided to stop his benefit money. The organisation later – secretly – changed its rules in a bid to avoid humiliation in court.

A judicial review has begun at London’s High Court, to determine whether a DWP decision to stop Errol Graham’s benefits breached government safeguarding policy and led to his death by starvation.

Mr Graham starved to death in June 2018 after his Employment Support Allowance (ESA) payments were terminated by the Department of Work and Pensions (DWP) eight months earlier.

The claim, brought on behalf of the family by Alison Turner (the fiancée of Mr Graham’s son), alleges that the decision to halt Mr Graham’s benefits in 2017 was unlawful and that the DWP’s ESA safeguarding policy on the termination of benefits is still unlawful, despite revisions that were belatedly made following the issuing of these proceedings.

Mr Graham, who suffered severe mental ill-health, was found starved to death aged 57, eight months after his ESA payments and housing benefit payments were halted. He had missed a fitness for work assessment and had not responded when the DWP tried to contact him by phone and in person. The payments were terminated in line with DWP policy, without any effort to contact next of kin or other support services and without considering whether Mr Graham’s known mental health issues could have been the reason for his lack of communication.

When he was found dead, he weighed just four and a half stone.

There was no food in his flat and no credit on his gas or electricity meters. An unsent letter to the DWP was found which pleaded “please judge me fairly”.

Ms Turner is asking the court to give a declaration that the DWP’s decision to disallow Mr Graham’s benefits in October 2017 was unlawful because it was in breach of s.149 Equality Act 2010 and Regulation 24 of Employment Support Allowance Regulations 2008.
She says there were strong indicators that his mental health or disability may have given him good cause for not responding and he was known to have long term depression, and the DWP’s policy should ensure such indicators are identified and considered.
Mind, the leading national mental health charity in England And Wales has submitted evidence in support of Ms Turner’s case and the Equality and Human Rights Commission are formally intervening in support.
Ms Turner said
“The DWP decision to stop paying Errol’s benefits meant that, without money to buy food and to pay for heating and lighting, in the end, he starved to death. Although at first the DWP maintained that their safeguarding policy was lawful, faced with a court case, they have made some changes to the policy.
“But these changes are not enough. It still falls to the vulnerable claimant to make sure the DWP knows why they have good cause not to respond to DWP enquiries. That makes no sense when vulnerable claimants might be too mentally ill to respond. For Errol’s sake, I have to challenge this policy so that other people don’t suffer in the way that he and our family did.”

Her legal representative Tessa Gregory added,

“It cannot be right that it falls to such vulnerable individuals to prove that they had a good cause for not responding and the DWP must require their staff where necessary to make further enquiries before taking the momentous decision of cutting off what is often a person’s only source of income. Unless and until the DWP changes its policies other vulnerable individuals will remain at risk of serious harm or death.”

Paul Farmer, chief executive of Mind, said the charity has heard from many other people who have lost loved ones in similar circumstances.

“Mind provided expert testimony to the hearing based on the views of people with mental health problems who we’re in touch with who have had to endure awful experiences at the hands of a benefits system, which is made needlessly complicated and stressful.
“Change can’t come soon enough. The pandemic has caused devastating financial insecurity, with more people than ever relying on the benefits system to keep them afloat through this difficult period. We want to see a fair and compassionate benefits system.”

The hearing is ongoing and is expected to conclude on January 13.

Source: Court Case Regarding Errol Graham To Be Heard | Leigh Day

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What will the DWP do if a coroner says this mum died because her benefits were cut?

Inquest: did Philippa Day take her own life in despair after benefit assessment provider Capita cut her benefits and demanded that she attend an assessment centre – which was impossible due to her disability?

We’ve been here before, I think. As I recall, coroners tend to back away from criticising the Department for Work and Pensions when disabled benefit claimants die.

But – again, as I recall – questions have been asked about the validity of such inquests after claims were made that some of the relevant evidence was omitted.

This time, it seems very thorough preparations are being made to prevent this from happening; several pre-inquest reviews have been held to discuss the case of Philippa Day.

The mother, from Mapperley, Nottingham, is believed to have taken her own life after a long struggle to have her benefits restored.

When her Disability Living Allowance was converted to the new Personal Independence Payment in January 2019, the government slashed the amount she received from £228 per week to £60.

The most recent pre-inquest hearing centred on discussions between Ms Day, the DWP and private assessment provider company Capita before her death, and the decisions about her benefits that followed.

It seems Capita had demanded that she must attend an assessment centre in person – an impossibility due to her ill-health.

Ms Day was admitted to hospital in August last year – in a coma, according to her family. She never revived and died in October 2019, aged just 27.

The full inquest is due to take place in January.

Let’s hope it makes more sense than some others we have heard recently.

Source: Coroner to examine death of Mapperley mum who died after her benefits were cut – Nottinghamshire Live

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Tory message to people on benefits: have yourselves a MISERABLE little Christmas

Therese Coffey: computer says no.

The worst part of this is that Therese Coffey probably didn’t even think about the consequences of her actions.

It is doubtful she gave a moment’s consideration to the fact that the Tory government’s so-called “grace period” exempting many people who claimed Universal Credit due to the Covid-19 crisis from the benefit cap will end this month – right before Christmas.

The number of households affected by the Benefit Cap has doubled since the Covid-19 crisis started – to 170,000. And a further 160,000 will reach the end of the nine-month grace period in the remaining weeks before Christmas.

How nice for them to have to work out how to make up the sudden shortfall just when they are likely to need more!

Still, it could be worse – they could be claiming Employment and Support Allowance, like many people with long-term illnesses and disabilities.

These people were diddled out of a £20-per-week rise in benefits that was given to people on Universal Credit. Coffey babbled a bobbins “computer says no” claim – that changes to computer systems could take months.

For UC claimants, the increase will last at least until next April, although there are demands for it to be made permanent, in the light of increasing uncertainty about the nation’s economic future.

ESA claimants are already £660-a-year worse-off – each – because of Ms Coffey’s computer-illiteracy, and this could almost double to £1,000 if they don’t see the rise in April.

Now for the most insidious part: Ms Coffey hasn’t ruled out the possibility that ESA claimants may get their benefit increase in the future.

But (firstly) she hasn’t said anything about whether they’ll have the rise backdated to cover all the time they’ve had to cope without it.

And (secondly) there’s an enormous orange elephant sitting in the middle of this room: people on Employment and Support Allowance die. One could say it is what they are best-known for.

The most common reason they die, that is known to those of us who check, is lack of money. ESA claimants need more cash because their medical conditions mean their lives are more expensive than those of people who are able-bodied.

And here the Tories have said they are deliberately denying sick people the extra cash that they have said everyone else needs to cope with the extra costs of Covid!

I fear that, for many, that is the equivalent of writing a death warrant.

And, given the Tory record on these matters, I fear that death is exactly what Ms Coffey is hoping will happen to these people – whose only crime is failure to be a “functioning work unit” (as Tory jargon describes the rest of us).

AFTERTHOUGHT: Shortly after I posted this, I received the following comment on Twitter, which I think makes a very good point:

And this:

Source: Two million disabled people set to lose £2 billion in Tory benefits freeze – Mirror Online

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What is the point of Remembrance Day when the government lets down our veterans so badly?

Contempt: at the national Remembrance Day commemoration service in 2019, Boris Johnson showed contempt for our Armed Forces by laying his wreath face-down. Is this merely symptomatic of the Tory government’s attitude to veterans generally?

I pass this on without comment. Do I need to amplify it further?

Disabled ex-armed forces personnel are being let down by the welfare system, with many experiencing stress and anxiety brought on by the struggle to access social security benefits, according to the Royal British Legion.

The charity said frontline Department for Work and Pensions (DWP) staff were insufficiently aware of their obligations under the armed forces covenant, which requires public services to give special consideration to injured ex-service personnel.

Among the difficulties reported by veterans to a Royal British Legion survey was the failure of benefits officials to understand post-traumatic stress disorder (PTSD) when carrying out and scoring health assessments for disability benefits.

study by a Salford University academic published last year found many armed forces veterans with complex needs reported overwhelmingly negative experiences of universal credit, disability benefits assessments and benefit sanctions.

Source: Disabled veterans being let down by benefits system – Royal British Legion | Benefits | The Guardian

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Thousands of disabled students could get Universal Credit after woman wins legal fight

Tactical cruelty: perhaps DWP bosses realised they were going to lose a court case so they changed the law in order to ensure that disabled students would continue to be unable to claim Universal Credit.

This is good news for many – but not for everybody:

Tens of thousands of disabled students could qualify for Universal Credit after 22-year-old mostly-blind Sidra Kauser won a legal victory over a loophole saying she could not claim Universal Credit.

To receive the benefit, she would have had to take a work capability assessment – but the DWP’s rules contained a bizarre ‘Catch-22’ that she could not take the test, because she is a student.

As a result, she could not be found to have limited capability for work, and therefore couldn’t receive the benefit.

The High Court has quashed the DWP’s decision, saying it breaches the Tory-run government department’s own regulations, dating back to 2013 – and ordered it to pay Ms Kauser’s legal fees.

But this fight is not over because the Tory government changed the law on August 5, ensuring that disabled students claiming Universal Credit after that date would not be invited to a work capability assessment and therefore would not be eligible for the benefit at all.

That will have to be challenged in a future court case.

But this is another victory for crusading lawyers Leigh Day, who explained the case:

Sidra Kauser, aged 22, from Halifax, is visually impaired and is currently studying for a masters degree at York University.

She received Personal Independence Payment (PIP) but that, combined with a student loan, was not enough to provide her with an acceptable standard of living. After payment of her rent, she had £120 a month to live on.

She applied for universal credit, but because she was a student, she was refused a Work Capability Assessment (WCA), which meant she was effectively disentitled from claiming universal credit.

Sidra applied for a judicial review of the Department of Work and Pensions (DWP) policy (which stated that disabled students shouldn’t be invited to a WCA), arguing that the law required the DWP to conduct a WCA to determine whether she had limited capability for work, in which case she would be entitled to universal credit.

Now, after the Secretary of State for Work and Pensions, Therese Coffey, told the court in July, 2020 that she would not be defending Sidra’s claim, a high court judge has ruled that the SSWP had acted unlawfully and has quashed the decision to refuse Sidra’s claim for universal credit.

Sidra will now be given a WCA, and if she is deemed to be unable to work, she will be entitled to make a claim for universal credit.

The court ruling also has an impact on those disabled students whose applications for universal credit had previously been unsuccessful because they had been refused a WCA.

However, on 5 August the DWP changed the law so that other disabled students who made a claim for universal credit after that date would not be invited  to a WCA and would not therefore be able to establish their limited capability for work.

Ms Kauser said: “I am glad I decided to take a stand and pursue my claim for judicial review of the DWP decision to refuse me a WCA. Hopefully other students will benefit from the court ruling.”

Leigh Day solicitor Lucy Cadd added: “Sidra made a brave stand against the decision to refuse her a WCA and it has proved successful. It has been estimated by the charity Disability Rights UK that the Secretary of State’s unlawful policy, which has been in operation since 2013, could have adversely affected 30,000 disabled students. Other disabled students who were refused a WCA prior to 5 August 2020 and therefore lost out on their claim for universal credit, should ask the Secretary of State to revise her decision.

“Although the DWP has callously changed the regulations to prevent more disabled students being entitled to a WCA, there may be scope for legal challenge to the new regulations.”

Source: Disabled student wins right to be considered for universal credit

DWP disabled sanctions extension shows great tragedy is due to timing, too

Habitual cruelty: if you thought the Tories stopped persecuting people with long-term illnesses and disabilities during the Covid-19 crisis, think again.

The Department for Work and Pensions has employed its usual subtlety and tact – and has extended benefit sanctions against people with disabilities in time for the new English lockdown.

People with long-term illnesses and/or disabilities who fail to take part in telephone work capability assessments are now to be sanctioned. The change was brought in on November 2, days before the new lockdown began.

The change has been attacked by mental health charity Mind as an “abandonment of their responsibility to keep people safe”.

Mind’s Ayaz Manji said:

We need to see a compassionate response to this pandemic.

That has to mean removing benefit sanctions and cancelling reassessments for disability benefits so that people with mental health problems don’t face the prospect of going without income this winter.

Sadly, we are not going to see any compassion from the Department for Work and Pensions while it is under Tory control.

The Department has said nobody will be sanctioned without being contacted first – which raises interesting questions if assessors can’t even phone up a claimant properly:

People will be contacted to ask them to explain why they did not, or could not attend or participate in the assessment and where good cause is provided and accepted, support will continue.

We don’t want to sanction anyone and our absolute priority is to ensure people continue to receive the support they are entitled to.

We will contact anyone who hasn’t engaged in a telephone appointment and their support will absolutely continue if they have a good reason for not attending or participating.

We’ve heard it all before. Expect a slew of articles about the DWP failing to follow this simple routine.

Source: DWP extends benefit sanctions against disabled people just as new lockdown begins – Mirror Online

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Will new inquest into death of ESA claimant Jodey Whiting show failure of DWP safeguarding?

Jodey Whiting, 42, took her own life after her benefits were stopped.

Permission for a new inquest into the death of ESA claimant Jodey Whiting has been granted amid concern that a government department’s role in it had been covered up.

Here is the announcement from solicitors Leigh Day:

“The family of Jodey Whiting has been granted permission to apply to the High Court for a fresh inquest into her death after new evidence was submitted about the effect on her of a Department of Work and Pensions (DWP) decision to halt the benefits on which she was entirely dependent.

“Jodey’s mother, Joy Dove, was granted permission by the office of the Attorney General following her submission that the original inquest into her daughter’s death was insufficient. The new evidence she submitted in support of her application included an investigation into the handling of Jodey’s benefits by the DWP and a report from an independent psychiatrist.

“Jodey, from Stockton-on-Tees, died aged 42 on 21 February, 2017. She took her own life three days after she received her last Employment Support Allowance (ESA) payment.

“She had been informed on 6 February that the payments would stop and the associated housing benefit and council tax benefit payments would also be stopped.

“The decision to halt the payments was made because following a reassessment of Jodey’s entitlement to ESA, begun in 2016, she had failed to attend a work capability assessment (WCA).

“However, Jodey had requested a home visit for the WCA as she rarely left the house because of her severely poor health. She suffered multiple physical and mental health difficulties, took 23 tablets a day and was entirely dependent on welfare benefits.

“She had made in clear in her request for a home WCA that she had “suicidal thoughts a lot of the time and could not cope with work or looking for work”.

“The request was refused, the WCA was set for a date in January, and Jodey did not attend.

“After Jodey’s death, an inquest was held three months later, 24 May, 2017, which lasted less than an hour.

“The coroner declined to consider the potential role of the DWP and their acts or omissions in Jodey’s death.

“Jodey’s family were unrepresented and were unaware that they may have been entitled to publicly funded legal representation.

“After the inquest a report by an Independent Case Examiner concluded that the DWP had made multiple significant errors in how it treated Jodey.

“Some of the failings had not been known to Jodey’s family, who were horrified to learn how many failings had occurred in the handling of Jodey’s benefits.

“The opinion of an independent Consultant psychiatrist, sought by Jodey’s family,  confirmed that the DWP’s failings would probably have had a substantial effect on Jodey’s mental state at the time she took her own life.

“Joy argues that the manner in which Jodey was treated by the DWP, and in particular the withdrawal of her ESA, caused or materially contributed to her death and that, had this not occurred, Jodey’s death would not have occurred when it did.

“Following the letter giving her permission to apply for a new inquest into Jodey’s death, Joy said: “What a relief to be granted permission for a new inquest into Jodey’s death. It has been a nightmare but I want to thank the hard work of Merry Varney and all the team at Leigh Day and everyone who has been helping me with the Justice for Jodey campaign. This is a big step forward.

““I love my daughter so much and this should never have happened. How could they say she was fit to work? What they put her through was terrible, but I hope that this will mean that Jodey has saved others from the same nightmare.”

“Joy is represented by Leigh Day partner Merry Varney, who added: “The Attorney-General’s decision is very welcome. It is the first completed step in the long journey by Jodey’s family to seek a full and fearless investigation into whether the DWP, and its flawed decision making regarding Jodey’s benefits claim, caused or contributed to her death.

“”We must now apply to the High Court and seek to persuade the Court a fresh inquest is necessary.”

“The application for a new inquest will be made to the High Court within the next 6 weeks and a final hearing may take place by summer, 2021.”

This Site has been covering this case since June 2017 and will report further developments as and when they become available.

Source: Jodey Whiting’s Family Given Permission To Apply For Second Inquest Into Her Death | Leigh Day

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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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