May 22 Judges ruling against DWP on ESA

mind.org.uk/news/show/8895_victory_for_w..._procedure_is_unfair

There is a Judicial criticism of how people with mental health problems are assessed for ESA. Any ideas on how this can be used? I'm trying to get extended deadline and proper recognition of my condition but getting nowhere even with CAB help (just quoting it to a clerk isn't going to impress)

As you probably know, the government are going to appeal this decision. I am not sure that there is any way that it can be used as yet.

I'm sure one of the other mods will comment on this too.

Hi MT,

MHB is correct, The SofS is appealing this decision.

I believe the Judge has required The SofS to come back with suggestions as to how they intend to remedy this problem.

It may still be worth mentioning this ruling. I can't say whether they will take any notice of this though.

At least you can say that you brought this matter to their attention, and specified how and why it may be applicable to your own circumstances.

bro58

Facts of the case :

Three High Court Judges have ruled that the procedure currently used by the Department for Work and Pensions (DWP) to decide whether hundreds of thousands of people are eligible for Employment and Support Allowance (ESA) disadvantages people with mental health problems, learning disabilities and autism.

The judgment, which was made public at a high court hearing today, is the result of a judicial review brought by two anonymous claimants with mental health problems.

The charities Rethink Mental Illness, Mind and the National Autistic Society intervened in the case to provide evidence based on the experiences of their members and supporters.

The case centres on how evidence is gathered for the controversial Work Capability Assessment (WCA), the process used to determine whether someone is fit for work.

Under the current system, evidence from a professional such as a GP or social worker is expected to be provided by people themselves. There is no obligation for the DWP to collect this evidence, even on behalf of the most vulnerable claimants, apart from in some narrow circumstances.

Seeking evidence can be very challenging for people with mental health problems, learning disabilities or autism whose health or condition can make it hard for them to understand or navigate the complex processes involved in being assessed.

As a result, those who need support the most are frequently being assessed without this important evidence being taken into account.

It was ruled that the DWP must do more to ensure this sort of evidence is collected and taken into account. This means the current procedure for the WCA puts some groups at a substantial disadvantage.

To the best of my legal knowledge the ruling of the three Judges stands until it is overturned by a Higher Court. The DWP may well be taking this case to the Appeal Court, but until if/when the original judgement is overturned, the DWP must comply with the decision of the 3 High Court Judges.