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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)
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)
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