Tag Archives: jorge araya

Important advice for families of ‘wrongly’ deceased benefit claimants


Anne-Marie O’Sullivan, whose father’s case established a causal link between the DWP’s work capability assessment and the deaths of benefit claimants – more than a year BEFORE the DWP started denying that any such link existed.

Last week’s revelation that a coroner directly linked a man’s death to his treatment by the Department for Work and Pensions should make a huge difference – but only if more people who have been affected by our homicidal system act to change it.

Catalina Devandas Aguilar, the UN Special Rapporteur on the rights of persons with disabilities, is expected to visit the UK in the coming months to spearhead an inquiry into claims that Britain is guilty of ‘grave or systematic violations’ of the rights of the disabled – and anyone who has lost a family member due to a poor work capability assessment is encouraged to contribute to that inquiry.

It is particularly important that Anne-Marie O’Sullivan, whose father Michael was found to have died because of the DWP’s current system, should take part, in the opinion of This Writer.

She – along with anyone else who has lost a family member due to the tick-box, non-medical, work capability assessment – is entitled to procure a copy of the deceased’s full DWP and Work Capability Assessment (WCA) files, and request sight of the Coroner’s report from HM Coroner, not from the DWP.

These documents should be sent, along with a covering explanatory letter requesting that UN officials investigate the case for possible human rights violations, to:

United Nations Human Rights
Jorge Araya
Secretary of the Committee on the Rights of Persons with Disabilities
Groups in Focus Section
Human Rights Treaties Division
Office of the United Nations High Commissioner for Human Rights
OHCHR-Palais des Nations,
8-14 Avenue de la Paix,
CH-1211 Geneva 10,

E-mail: [email protected]

It won’t bring anybody’s relative back, but it could help prevent the loss of thousands more.

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Disabled people’s rights are hanging on upcoming judicial review

Welcome to hell: The work capability assessment is the start of a long path involving challenges, continual reassessments, misdirection or demands from the DWP, Job Centre Plus or work programme providers, leading eventually to despair, destitution and, in many cases, death. Could YOU mount a judicial review against this regime?

Welcome to hell: The work capability assessment is the start of a long path involving challenges, continual reassessments, misdirection or demands from the DWP, Job Centre Plus or work programme providers, leading eventually to despair, destitution and, in many cases, death. Could YOU mount a judicial review against this regime?

An appeal to the United Nations, using its Convention on the Rights of People with Disabilities to show how the sick and disabled in the UK are being mistreated by the government, will depend on the result of a judicial review later this month.

I have previously documented the work of Samuel Miller, to make the UN aware of the life-threatening activities undertaken by the Department for Work and Pensions under Iain Duncan Smith’s regime of cuts and changes to entitlement, so he should need no introduction.

Mr Miller has been hoping to induce the UN to consider whether the current Smith/DWP regime contravenes international agreements on human rights and the rights of the disabled. Many Vox Political readers have submitted evidence to him, to be used in support of this.

But he wrote to me yesterday, saying this work must be deferred until the result of the judicial review is known.

“Submission criteria require that domestic remedies be exhausted,” he wrote. “Any complaint submitted to the [UN] committee must first have been submitted to the national courts and authorities for consideration.

“As you are probably aware, there’s an upcoming judicial review of the Work Capability Assessment for people living with mental health problems. The dates are January 15-16 & 18, in the Upper Tribunal Courts in London.

“If I can demonstrate to the UN that remedies invoked by the State are neither effective nor available, then UNCRPD complaints would carry more weight.”

He quoted a letter from Jorge Araya, secretary of the UN committee on the rights of persons with disabilities, who stated: “Complainants have initially the duty to demonstrate that they have exhausted domestic remedies, then the burden shifts to the State party to demonstrate that there are remedies still available; if that happens, complainants should demonstrate  that remedies invoked by the State are neither effective nor available.”

So that’s the situation at the moment. Before Christmas, Mr Miller said the amount of time required to mount a judicial review would put the lives of sick and disabled people in jeopardy; that is not the case while one is about to be heard.

Also, consultation with a barrister, Steve Broach (@SteveBroach) has suggested that sick and/or disabled people should explore potential judicial review with solicitors – especially after the DWP announced that people on sickness benefits were “to be offered work experience to help them back into a job”.

The DWP’s announcement last month stated: “People on Employment and Support Allowance (ESA) who have been assessed as being able to go back to work at some point are placed in the Work-Related Activity Group for the benefit and are expected to take part in activity which helps them prepare for a return to employment. One of the options available to them will now include voluntary work experience.

“Having taken into account an individual’s circumstances, a Jobcentre Plus adviser or Work Programme provider may feel that an appropriate mandatory work placement – which must be of benefit to the community – would be helpful.

People who fail to carry out any agreed work-related activity without good reason may face having their benefits sanctioned. The sanction will be made up of an open-ended period which is lifted when the claimant meets the requirements, followed by a short fixed period of 1, 2 or 4 weeks.”

The sticking-point would be the cost of bringing a judicial review – in the region of £10,000 to £20,000 for a straightforward case; higher for a more complex matter. If the claimant is unsuccessful, they are likely to be liable for the defendant’s costs as well as their own. “They are therefore looking at a legal bill of upwards of £30,000 if they lose, and they must be prepared for this eventuality, bearing in mind the unpredictability of judicial review proceedings and costs orders,” Mr Miller told me.

Also, of course, we know that David Cameron has vowed to crack down on appeals that delay new laws, planning decisions and policies, and this could potentially be extended to human rights judicial reviews, since his has government already made substantial cuts to legal aid.

What do you think? I’m really interested in hearing what readers think about this.

Could you mount a judicial review, if a decision was made to force you into a work placement and you thought it would harm your health?

What about those of you in the legal profession? You should understand the current situation – regarding the cost of legal action – better than anyone else – is it realistic to expect people on sickness and disability benefits to finance expensive court cases?

If not, what other possibilities are available?