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PIP assessment problems

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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We are in the process of bringing a claim against Capita & DWP for failures under the Equality Act; particularly trying to drag people to far flung assessment centres when their disability might suggest that they are unable to make the journey. Our example is a person with developmental & learning difficulties, first onset psychosis and resulting challenging behaviour. Capita’s Health & Safety policy was seen to override any duties under the EQA and they tried to drag them 16 miles to assessment in Birmingham rather than conducting a home visit.

Legal Aid has been refused and we are anticipating a Judicial Review of the refusal.

We are looking for examples of similar situations; where people are being dragged long distances for assessment despite disability that might suggest a home visit was more appropriate, both in Capita and ATOS areas although we need to distinguish between the two.

If people could email me; dan DOT manville AT wolverhampton.gov.uk with examples I would be grateful. I would further be grateful if people could be clear whether they are in ATOS or Capita areas.

We don’t know at this stage how urgent this request is as the clock for issuing proceedings hasn’t started ticking yet however I’ve been asked by the instructing solicitors to start gathering evidence so would be grateful if we could get information sooner rather than later.

As this is in public I should probably say that the claimant’s litigation friend in this case is currently accepting the costs risk and proceedings are ongoing; we would, however, like to mitigate that risk!

Thanks in advance

paulmoorhouse
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Central and South Sussex CAB

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16 miles…. our clients are being asked to travel from Shoreham By Sea to Portsmouth (42 miles) are these just anonymised ‘examples’—or do I need to obtain client’s permission detail first?

Dan_Manville
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paulmoorhouse - 21 October 2014 03:04 PM

16 miles…. our clients are being asked to travel from Shoreham By Sea to Portsmouth (42 miles) are these just anonymised ‘examples’—or do I need to obtain client’s permission detail first?

For now anonymised examples will do but we might come looking for witness statements later so client permission may be handy. Confidentiality is, of course guaranteed

Dan_Manville
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Bump

The current record is 85 miles!

Paul_Treloar_CPAG
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Don’t want to unnecessarily interrupt your thread Dan but I was doing some searching for PIP material earlier on today and came across a PIP mythbuster which contains this statement:

Assessment

Myth - “I will be expected to attend the face-to-face consultation regardless of how long it takes me to get there.”

Fact - DWP have asked assessor providers to make sure claimants travel no more that 90 minutes by public transport to their assessments (absolute maximum for single journey – majority expected to be far less.)

Dan_Manville
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You’re not interrupting Paul, you’re contributing…

On traveline Partsmouth to Shoreham on Sea is 1hr 28 minutes.

I can see I am going to have some fun with traveline over the next few days!

Dan_Manville
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Bump

Everyone is clearly pretty hacked off with the assessment fiasco!

I’ve seen another 85 miler today; I didn’t realise it was as bad as it is. People from Portsmouth being sent to London while people from London are being sent to Portsmouth… you really couldn’t make it up!

This is an absolute shambles; hopefully now we’re rumbling they’ll sort it out.

Thanks to everyone who’s contributed so far but keep em coming; the more the merrier!

Daphne
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Press release about an application for JR for delays in PIP assessments -

File Attachments

Bryan R
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Folkestone Welfare Union

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The fact that neither Atos or the DWP are Speaking/Writing/Emailing to consultants, specialists or other HCP’s belonging to claimants - in the majority of cases -  and then stating they have, is grounds for JR, because it is procedurally and legally incorrect to state one thing when another is wholly true.

Information or evidence required for determining limited or severely limited ability to carry out activities
8.  (1)  The Secretary of State may require C to provide any information or evidence required to determine whether C has limited ability or severely limited ability to carry out daily living activities or mobility activities.

(2) Where information or evidence is requested under paragraph (1), C must provide the information or evidence to the Secretary of State within one month from the date of the request being made or within such longer period as the Secretary of State may consider reasonable in the circumstances of the particular case.

This is a Catch 22 as C fills in PIP form and supplies no information then Claim will be determined and probably not awarded anything.

If SoS does not request information/Evidence then how can SoS determine C does/does not qualify? How can a determination be made?

There is no requirement for C to supply information/Evidence but it is well know if you do not on your PIP1 then Claim will not succeed. It is irrational to leave a determination to the SoS if information/evidence ‘may’ be required.

Ryan Bradshaw
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Leigh Day, Manchester

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Paul_Treloar_CPAG - 22 October 2014 04:27 PM

Don’t want to unnecessarily interrupt your thread Dan but I was doing some searching for PIP material earlier on today and came across a PIP mythbuster which contains this statement:

Assessment

Myth - “I will be expected to attend the face-to-face consultation regardless of how long it takes me to get there.”

Fact - DWP have asked assessor providers to make sure claimants travel no more that 90 minutes by public transport to their assessments (absolute maximum for single journey – majority expected to be far less.)

That one is going into my submission, nice one Paul!

Ros
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In parliament yesterday, Minister for Disabled People Mark Harper confirmed that -

‘Under the guidance that we give assessment providers for journey times, no one should have to travel for more than 90 minutes on public transport to go to an assessment, so if that was what the hon. Gentleman’s constituent was told, that was clearly a mistake. Ninety minutes is the maximum time people are supposed to have to travel by public transport, and for no longer.’

http://www.publications.parliament.uk/pa/cm201415/cmhansrd/cm141103/debtext/141103-0001.htm#1411033000016

Mr Harper also said that it was ‘clearly not acceptable’ to give a claimant less than 24 hours notice of an assessment appointment 50 miles away -

http://www.publications.parliament.uk/pa/cm201415/cmhansrd/cm141103/debtext/141103-0001.htm#1411033000015

Dan_Manville
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Just a quick note to say thank you to all who contributed; suffice to say my inbox was smoking for a couple of weeks and peoples’ contributions will hopefully make a great difference.


Thanks all!

Pete C
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Pete at CAB

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A bit of a late contribution but I have a client who lives in Truro about 300yards from an assessment centre but was told to go to Mullion, about 15 -20 miles away, for the assessment. To be fair they changed it to Truro when she complained (needless to say they turned her down anyway)