ESA tribunals & Mental Health

i don’t know more about it except same argument used by public law project when granted permission to bring judicial revew in july 2012 -

maybe case been transferred from high court to upper tribunal or something.

PLP press release on last year’s judicial review case attached below.

see also rightsnet news story -

http://www.rightsnet.org.uk/news/story/high-court-grants-permission-for-judicial-review-of-work-capability-assessm/

see also Mind press release from today -

seems to be decision of three-judge panel in upper tribunal unveiled at high court hearing today -

http://mind.org.uk/news/show/8895_victory_for_welfare_campaigners_as_judges_rule_controversial_disability_benefits_procedure_is_unfair

Please, if someone finds the citation.. PLEASE post it!!!

i’ve looked on UT site - doesn’t seem to be published on there yet…

The article on the Mind website refers to the High Court and not the Upper Tribunal

from the dwp press office -

- We disagree with today’s ruling on WCA and will appeal. Already made significant improvements to the WCA for ppl w/mental health conditions

- WCA was introduced in 2008, since 2010 the % of people with mental health conditions who go into support grp for ESA has more than tripled

- We will carry on working with charities – incl Mind and the NAS - to continually improve the WCA for people with mental health problems

https://twitter.com/dwppressoffice

Victor - 22 May 2013 12:49 PM

The article on the Mind website refers to the High Court and not the Upper Tribunal

yep, however it says decision of three judges unveiled at high court hearing and link at bottom is to three-judge panel page of UT.

also Mind tweet says

‘Good news from the Upper Tribunal today - they agree that the WCA unfairly treats people with mh problems’ -

https://twitter.com/MindCharity/status/337188255537704960

Thanks to Mind for pointing us to references -

JR/2638/2010 & JR/2639/2012 -

Cases pending before Three–Judge Panels page of UT website says it’s about - 

‘Whether the duty under section 20 of the Equality Act 2010 can be enforced by judicial review. Whether the Department for Work and Pensions is in breach of its duty to make adjustments in respect of those with mental health problems when undertaking the preliminary stages of a work capability assessment.’

http://www.osscsc.gov.uk/Decisions/forthcoming3JPs.htm

final transcript not available as yet it seems.

cheers ros

guardian report says ‘There was no decision on how the DWP should rectify the situation, and there will be further hearings. Lawyers for the DWP were planning to appeal.’

http://www.guardian.co.uk/society/2013/may/22/fitness-work-tests-mental-health-unfair

hot off the press from the Public Law Project -

http://www.publiclawproject.org.uk/documents/press_release_WCA_assessment_discriminatory.pdf

seems it was a three judge panel of the UT in the royal courts of justice.

rightsnet news story to follow…

shawn - 22 May 2013 12:59 PM

from the dwp press office -

- We disagree with today’s ruling on WCA and will appeal. Already made significant improvements to the WCA for ppl w/mental health conditions

- WCA was introduced in 2008, since 2010 the % of people with mental health conditions who go into support grp for ESA has more than tripled

- We will carry on working with charities – incl Mind and the NAS - to continually improve the WCA for people with mental health problems

https://twitter.com/dwppressoffice

Yeah right! One of my colleagues had a meeting with Mark Hoban last week arranged by the MP for Witney as a result of constituants cases. Hoban trotted out the same old spiel (as above). So I guess heads will remain in the sand following the UtT decision (although there was some interest in the admin. implications for DWP of no ESA payable at the review stage under mandatory revision before appeal and large numbers of ‘found fit’ claimants having to claim JSA and then switch back to ESA at the appeal stage).

After all if no govt has managed to address the problems with the AWT/PCA/WCA evidence gathering process since it was introduced as the by the Tories in 1996 what hope is there?

In Leicester they used the ESA 113,  why they can’t roll it out nationally I Don’t know. The amount of casework time it would save me if I wasn’t continually in correspondence with JCP /ATOS saying “Don’t be silly; of course they Don’t need another assessment ”  would make a huge difference to my punters as well as my stress levels,never mind those clients who fall through the net. Too many people end up at my door having missed appointments for fear of leaving the house or opening letters.

The ESA113 is used nationally, but not as a matter of routine. Trouble is the questions on it (like the equivalent for DLA/AA/PIP) are to general too illicite info. specific to the claimant - and thats also assuming GPs etc are familiar with its purpose and the descriptors, ATOS take any notice of the reply and DM’s understand any of the evidence gathered!

What do advisers do - understand the descriptors and seek evidence that addresses those relevant to the clamaint and their condition(s). If we can do it (at far less expense to the taxpayer than the DWP/ATOS process) why can’t they? Answers to Mark Hogan by a method of communication of your choice.

The ESA 113 should be sent to the person responsible for the care, ie the care co-ordinator or consultant psychiatrist and not the GP who usually has very little knowledge or insight to the effect of the condition because they do not treat them for it.

further, statistically only one in four GP’s have good insight into mental health conditions

also some GP’s do the job because they care and others do it as a good career move

Steve_h - 23 May 2013 09:56 AM

The ESA 113 should be sent to the person responsible for the care, ie the care co-ordinator or consultant psychiatrist and not the GP who usually has very little knowledge or insight to the effect of the condition because they do not treat them for it.

further, statistically only one in four GP’s have good insight into mental health conditions

also some GP’s do the job because they care and others do it as a good career move

These days, certainly in these parts, a Care Co-ordinator is a rare and beautiful creature, people who would previously have been under enhanced CPA and easily meet the old reg 10 exemption are living in the community under care of their GP.