Further to our story on 2 July 2012, a High Court judge has ruled that the work capability assessment (WCA) is arguably unlawful.

Permission has been granted to bring a claim for judicial review against the Secretary of State for Work and Pensions to challenge the operation of the WCA. In granting permission the judge stated:

“​I consider that it is reasonably arguable that the reasonable adjustments required by the Equality Act 2010 include the early obtaining of independent medical evidence where the documents submitted with the claim show that the claimant suffers from mental health problems and that this has not been done, or at least not done on a sufficiently widespread basis.”​

The two claimants have mental health problems and are being represented by the Public Law Project. The case relates to the substantial disadvantage people with mental health problems face when presented with the WCA, and the fact that the Department for Work and Pensions (DWP) is required under the Equality Act 2010 to make reasonable adjustments to the WCA process to avoid such disadvantage.

A press release from the Public Law Project can be found here


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