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

WCA Discriminates

Bryan R
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Folkestone Welfare Union

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Total Posts: 233

Joined: 22 April 2013

As you are aware, the Royal Courts of Justice, a three judge panel of the Upper Tribunal has ruled that the Work Capability Assessment substantially disadvantages claimants with mental health problems, because the system is designed to deal with a high volume of claimants who can accurately report the way in which their disability affects their fitness
to work.

The court ordered that the DWP has to take reasonable steps to address the disadvantage to people with mental health problems, but rather than specifying what those reasonable steps should be, ordered the DWP to carry out an investigation and then return to court to explain what steps they propose to take.

Have the DWP carried out this investigation and returned to the court to explain as of yet?

If so does anyone know where I might find this report?

If not, till when do the DWP have to report their findings to the court?


Ta very much

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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The UTT was found to have exceeded its jurisdiction by ordering the DWP to do this - http://www.mentalhealthlaw.co.uk/R_(MM)_v_SSWP_(2013)_EWCA_Civ_1565,_(2013)_MHLO_132

Edit
sorry, can’t work out why link won’t work but google mm v sswp if you can’t get on to it

Neutral Citation Number: [2013] EWCA Civ 1565
  Case Nos. JR/2638 & 2639/2012 CO/2385/2012

[ Edited: 13 Aug 2014 at 09:43 am by BC Welfare Rights ]
Paul_Treloar_CPAG
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Advice and Rights Team, Child Poverty Action Group

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