× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Mental Capacity and called to assessment

Wensleyfoss
forum member

Welfare Rights Advisor, Autism Anglia

Send message

Total Posts: 61

Joined: 10 June 2015

Hi

One of our supported living clients has been called for an ESA assessment, he has a deputy and no capacity in relation to understanding day to day aspects of living.
The ESA form was originally completed by one of our supported living staff members, who had never completed a form before, which did not indicate severe problems.  I managed to get the assessment postponed and then forwarded lots of evidence, including a MCA2 and GP letter, hoping they would make a paper based decision. I have received an email from Maximus saying that a senior medical advisor has now reviewed all available evidence, but because he only has 2 hours a day 1-1 support and can get around independently, so he still expected to attend an assessment. They say that they need to explore at a F2F, his difficulties coping with change and attempting new tasks, to satisfy the ESA procedures in advising functional disability and risk. How can they call someone for assessment with no capacity? Plus the assessment centre is 25 miles away, not the one local to him.

Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

If he’s getting around independently I can understand why they question whether he can set an alarm clock and cope with any change. I’d also say that CHDA are quite keen on doing paper based assessments in my experience.

You can try and get the assessment centre changed but I’d recommend complaining rather than ringing the 0800 number as they’ll just trigger a referral back to JCP for non attendance. If you complain they’ll often offer multiple assessments before referring it back.

ClairemHodgson
forum member

Solicitor, SC Law, Harrow

Send message

Total Posts: 1221

Joined: 13 April 2016

have you sent a copy of the order appointing the deputy as well?  they must know that CoP won’t appoint one without good evidence…

Wensleyfoss
forum member

Welfare Rights Advisor, Autism Anglia

Send message

Total Posts: 61

Joined: 10 June 2015

Hi, I have requested an assessment centre more local to claimant. I sent in CoP and a MCA2, which has made no difference. Where it states ‘can get about independently’ that is in relation to a limited area he knows well, with hover support.

Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

Wensleyfoss - 03 January 2017 05:48 AM

that is in relation to a limited area he knows well, with hover support .

Is that evidenced?

The third path on this is tough it out and argue the toss at Tribunal. Of course your deputy would need to be sure that’s in his best interests.

Wensleyfoss
forum member

Welfare Rights Advisor, Autism Anglia

Send message

Total Posts: 61

Joined: 10 June 2015

Dan Manville - 04 January 2017 09:23 AM
Wensleyfoss - 03 January 2017 05:48 AM

that is in relation to a limited area he knows well, with hover support .

Is that evidenced?

The third path on this is tough it out and argue the toss at Tribunal. Of course your deputy would need to be sure that’s in his best interests.

We haven’t got to F2F yet, let alone Tribunal :) I have argued ‘not in his best interests’ and getting no where. I emailed Sue Marsh personally (a lot of good that did me too)

[ Edited: 4 Jan 2017 at 10:20 am by Wensleyfoss ]
Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

Wensleyfoss - 04 January 2017 09:49 AM
Dan Manville - 04 January 2017 09:23 AM
Wensleyfoss - 03 January 2017 05:48 AM

that is in relation to a limited area he knows well, with hover support .

Is that evidenced?

The third path on this is tough it out and argue the toss at Tribunal. Of course your deputy would need to be sure that’s in his best interests.

We haven’t got to F2F yet, let alone Tribunal :) I have argued ‘not in his best interests’ and getting no where. I emailed Sue Marsh personally (a lot of good that did me too)

I’m talking about good cause for failing to attend the F2F. If you’ve proved he’s, say reg 35(2) and they’re being stubborn as they are wont to do then that would buoy an argument that he had good cause for failing to attend.

However if his deputy can give him a lift and it’s a formality a Tribunal might not be too impressed with your efforts to avoid the inevitable.

Edit; I can see both sides of this and if your client doesn’t attend the F2F you’re playing with fire…

Wensleyfoss
forum member

Welfare Rights Advisor, Autism Anglia

Send message

Total Posts: 61

Joined: 10 June 2015

Thanks for that. I have now sent further evidence and I will update once I hear back.