“least demanding” work related activity

I’ve just received a mandatory decision notice for my client, a lone parent with bipolar disorder.  She was placed in the WRAG a few months ago, and did not challenge it at the time.

She was left alone for a few months then called in for an interview with a local work programme provider.  This didn’t go well.  She found it very distressing and says that she has had to see her psychiatrist and get an increase in her medication.

It doesn’t appear that there is an action plan for her, if there is she isn’t aware of it.

We requested a late mandy of the decision to put her in the WRAG on the grounds that Reg 35 applied - work related activity is clearly damaging her health.  I suppose we could have asked for a supercession but that would take a very long time to be carried out.

The mandatory decision notice states “an example of the least demanding type of work related activity could be ‘getting up and dressed by a certain time each day, and keeping a log to chart progress’ or ‘make a list of your hobbies, things you enjoy doing, or things you used to enjoy doing’ “.

How do I challenge this?  My initial thoughts are:
1.  She hasn’t been asked to do these things
2.  In order to ask her to do these things, and check she’s done them, she would need to attend appointments / telephone interviews which she can’t cope with
3.  There is no suggestion that the work programme provider has been told that she must only be asked to do the least demanding activities
4.  These are not examples of work related activity, as they are too far disconnected from work

And the one I’m not sure of - maybe these activities would be appropriate as part of therapy when set by a trained professional but surely letting any random work coach enforce them on my client carries risks e.g. what if she fails to get up on time or keep her log and becomes ill from the fear of sanctions? 

Does anyone know if these activites have any value in mental health settings, and if so whether they should be prescribed by a trained mental health worker?

Thanks,

Cordelia

My initial thought is that it doesn’t really matter what the DWP suggest speculatively as Work Related Activity - I would focus on the actual work related activity she’s done, which does appear to have caused her substantial harm…

and don’t forget that the test is what WRA a person would likely be referred to rather than a hypothetical suggestion of what they might be referred to

You need to look at a 3 Judge UT decision CE/3453/2013 (IM V SOSWP) it gives a outline of how Reg 35 is interpreted, as yet still getting my head around it , but as far as I can see it should support your argument, can the CMHT give supporting evidence as this would be very helpful. I am about to request a any time review as my client is having the same problem. They left him alone for 12mths despite being in the WRAG, but suddenly have asked him to re engage with the work programme.

Link to CE/3453/2013 and also discussed a lot in this thread - http://www.rightsnet.org.uk/forums/viewthread/7120/