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  • Judicial Review On Elements Of The WCA

    Two Citizens who the Judge granted anonymity have been successful in having a Judicial Review on the Work Capability Assessment granted by the High Court.

    This JR centres around citizens with Mental Health Issues and I Quote:

    "The present case concerns some of the problems with the system as experienced by people with mental health problems. Although medically trained, Atos HCPs typically have very limited knowledge of mental health. The interviews are often hurried, and rely on applicants to explain the limitations on their ability to work.

    This is a serious problem for people with mental health conditions who lack insight into their conditions, whose conditions fluctuate in seriousness, or who cannot easily talk about their disability. Such people are placed at a substantial disadvantage in navigating the system. Even if they appreciate the need to get expert medical evidence for themselves, they are often less able to navigate the system successfully and to obtain the medical report that they need. The Equality Act 2010 requires the DWP to make reasonable adjustments to avoid such disadvantage.

    The reasonable adjustment to the process that the claimants seek is for medical evidence to be sought by the Atos HCP and the DWP at the very outset of the claim. This would ensure that very sick people for whom having to go through a WCA would be extremely distressing are exempted from the process, and for those that do attend a WCA, the assessment of fitness to work takes place in the correct medical context, so that dangers associated with forcing people back to work are correctly identified."


    This will be very interesting as it could very well be another nail in the coffin for the WCA because this comes on the back of the LMA's and BMA vetoing the WCA in totality as well as bering scorned on from all corners indeed the only ones pushing it is Parliament and now that it has got to the doors of court that could very well change.


    Indeed this JR could open the flood gates to another JR pushing it to be dropped in totality and forcing the Government to bring in a better assessment process for all.


    Bring it on because this is the best news on disability issues I have heard in a long while and IDS and Grayling could be heading for a slap around the ears.



    High Court rules Work Capability Assessment (posted 26/07/2012)

  • #2
    Re: Judicial Review On Elements Of The WCA

    Update

    This JR was Won and the Judge rightly sighted:

    “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.”

    However the Govt said that they would appeal this in the supreme court but nothing more has been heard until this evening when I got wind of this:

    DWP in contempt of court - they HAVEN'T amended their policies on mental health and the WCA, despite the Judicial Review decision regarding the application of the Equality Act. Permission was 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 court held that the WCA process disadvantages people with mental health problems because they have greater difficulty than others in explaining to the Atos assessor how their condition affects their fitness to work. The solution is for Atos and the DWP to seek evidence from the claimant’s doctors and others in the community that know what they can do. But the DWP have consistently refused to take this step.

    DWP have stated - ‘at this stage and in this judgement, the Upper Tribunal has not found the Department to be in breach of the duties placed on it by the Equality Act. They have asked the Department for further evidence to help determine whether any reasonable adjustments could be made.

    Err.. YES THEY DID find you in breach of the Equality Act.

    Now this shippet is in cahoots with the judges judhement above:

    DWP have stated - ‘at this stage and in this judgement, the Upper Tribunal has not found the Department to be in breach of the duties placed on it by the Equality Act. They have asked the Department for further evidence to help determine whether any reasonable adjustments could be made.

    So it appears that the Govt believe that law does not apply to them and this whole case with the disabled taking the time to give evidence was a complete waste of time how feckin dare they disgusted is not the word.

    Comment


    • #3
      Re: Judicial Review On Elements Of The WCA

      Full Judgement Appeal to be heard 21:10:13

      http://www.osscsc.gov.uk/Aspx/view.aspx?id=3791

      Comment

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