Tag Archives: Errol

Deaths and other harms to benefit claimants prompt renewed lawsuits – and calls to investigate DWP

Death by DWP: Philippa Day.

The chickens are coming home to roost at the Department for Work and Pensions.

The families of three benefit claimants – who are said to have died because the DWP deliberately mishandled their claims – are continuing to take the department through the court system in their search for justice.

Publicity around the cases has led to a BBC investigation in which it was found that they are just three out of 150 cases in which the DWP has conducted internal investigations into its own behaviour.

Now the department is facing demands for an independent investigation into its conduct. Long overdue demands, in This Writer’s experienced opinion.

Here‘s the BBC:

Cases where people claiming benefits died or came to serious harm have led to more than 150 government reviews since 2012, a BBC investigation found.

Internal reviews are held by the DWP when it is alleged its actions had a negative impact, or when it is named at an inquest.

Calling for an inquiry, Labour MP Debbie Abrahams said: “It needs to be taken out of the hands of the DWP.”

Ms Abrahams, who previously read out in the Commons the names of 29 people who have died, said: “There needs to be an independent inquiry investigating why these deaths are happening and the scale of the deaths needs to be properly understood.”

The DWP said it had established a new Serious Case Panel in 2019 to consider themes identified from serious cases, which included independent members.

Yeah, right. I opened Gibbons’ Decline and Fall of the Roman Empire the other day. That doesn’t mean I read any of it.

Now let’s hear from Leigh Day solicitors, who represent the three families who are pushing their cases through the courts:

The families spoke to the BBC to share their stories and the legal stages of their cases.

Philippa Day who lived with a long standing mental health illness, and was diabetic, died aged 27 in October 2019, two months after she was found collapsed at home in Nottingham.

On 27 January 2021, HM Assistant Coroner for Nottinghamshire, Gordon Clow concluded that the problems Philippa had with her application for disability benefits were “the predominant… and the only acute factor” which led her to take action on 8 August 2019 that ultimately proved fatal.

Following the inquest, a letter of claim has been sent to DWP and Capita which alleges breach of human rights and negligence by the DWP and Capita arising out of the events which led to Philippa’s death and seeks compensation for the wrongs Philippa and her family suffered. DWP and Capita have three months to respond before claims may be pursued in the High Court.

Death by DWP: Jodey Whiting.

Jodey Whiting, aged 42, took her own life on 21 February 2017. She suffered severe mental health problems and had her benefits terminated a fortnight earlier for not attending a Work Capability Assessment, leaving her with no source of income.

The Attorney General granted their consent last year for an application to the High Court for a fresh inquest into her death, which the High Court will hear on 22 June 2021. Jodey’s mother seeks a fresh inquest to ensure the role played by the DWP in her daughter’s death are publicly and fully investigated.

Death by DWP: Errol Graham.

Errol Graham, was found dead aged 57 in June 2018, eight months after his benefits were stopped because of his failure to attend a fit for work assessment. When his body was found, Mr Graham weighed four-and-a-half stone.

An inquest in 2019 found that DWP and NHS staff had missed opportunities to save Graham, and the coroner concluded that “the safety net that should surround vulnerable people like Errol in our society had holes within it”.

Mr Graham’s family have submitted an application to the Court of Appeal after their judicial review challenging the lawfulness of the DWP’s safeguarding policies was unsuccessful. The family argue that the decision in 2017 to terminate his benefits was unlawful and that the DWP’s safeguarding policies and systems need to be overhauled to provide greater protection to vulnerable benefit claimants who, like Errol, suffer from mental health conditions.

The allegations against the DWP are extremely serious.

They indicate that it has been DWP policy to endanger the lives of benefit claimants.

For that reason, it seems clear to This Writer – and I expect to anybody with the slightest common sense – that the DWP should not be judging its own work with regard to these cases.

I say that for the same reason I say Boris Johnson’s Conservatives should not be conducting inquiries into whether contracts were corruptly handed to Tory cronies – or into whether Johnson himself breached the ministerial code by getting donors to pay for his Downing Street flat’s redecoration.

They are liars; they will always whitewash themselves.

We have seen evidence of such behaviour many times over the last 10 years – reported on This Site, among others.

The work of Debbie Abrahams has been exemplary in trying to get an investigation into this scandal by an organisation we can trust.

It’s true that such efforts have achieved very little, so far.

But attitudes are changing.

As more evidence has come to light, public tolerance of the DWP’s entitled attitude has eroded.

Maybe we are finally about to get some factual answers to questions we have been asking for more than a decade.

Source: Investigation reveals 150 DWP reviews into deaths or harm to benefits claimants | Leigh Day

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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

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

https://www.crowdjustice.com/case/mike-sivier-libel-fight/


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The Livingstone Presumption is now available
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Health Warning: Government! is now available
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The first collection, Strong Words and Hard Times,
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