Can anyone help please?

I have a client who is currently undergoing either a DLA Review/Appeal.

DLA have been in touch and asked him to attend a medical. Client cannot go to Bootle due to mobility problems (he was in receipt HRM). He has even written directly to T Moran, Chief of Disability & Carers in London complaining about discrimination. I have already assisted the client in cancelling the medical and requesting an EMP Home visit. He has even cancelled hospital and GP appointments as he is not mobile.

He has been contacted again today to attend a medical and been informed that as he lives within 1 hour and half of the centre, he has to go and also there is a shortage of doctors.

Does anyone know whether there is legislation to force him to go?

........"He has been contacted again today to attend a medical and been informed that as he lives within 1 hour and half of the centre, he has to go and also there is a shortage of doctors"........

First of all, whether or not they are short of Doctors is totally immaterial and secondly hether or not one lives within an hour & a half travelling distance of a centre is totally immaterial - if the client is seriously disabled then he cannot travel and should not be expected to merely because they cannot attract and retain suitably minded persons to these positions.

If you haven't already, trying insisting on either seeing a copy of the regulations they are using to support their demand, or a complete retraction of their unreasonable demands -

Is it unreasonable?

Need to know what the decision under appeal is i.e renewal, supersession etc

Med Services do say that taxi expenses can and must be pre-authorised.

Don't know how much a one and a half hour taxi ride is but the cost may be persuasive in terms of prompting them to send a doctor instead?

I'm not sure how this affects the position, just been speaking to Medical Services and team leader informed me that the reason why EMP cant go out is that the DWP have put a marker on him and his wife as a potential to be violent. She confirmed that they are not willing to put a doctors safety at risk to attend at his house.

Not sure where I stand with this argument now?

Then they should do what the rest of us have to do and go out doublehanded - and with the greatest of respect for DWP, I can think a number of Officers who have the ability to annoy some of my clients to the point where they could be flagged up as PV.........unless of course if they are saying that the client is prone to violence without reason then that is different.

Over a number of years I supposed I have visited any number of clients who were allegedly PV without ever experiencing any problems - it all depends on one's bedside manner................

My thoughts exactly, however I can sense they're not willing to budge and my client cannot physically get there.... I'm gonna be stuck in stalemate!

Any other suggs would be very much appreciated!

Partly in the interests of those will come down this road in the future and partly in the interests of the present clients under the DDA etc , I would be winging a very firmly worded complaint to Terry Moran, preferably by Email (if someone on here can find his Email address), with a copy to the DBU Unit Manager........one could always copy the local MP in just for good measure ...........

With particular reference to the DDA, see below for the procedure to be used when making a complaint ....

For a DDA complaint it's a series of steps that gradually up the ante:

1. Call the Equality Commission's Disability Helpline and talk it through with them - 0845 6046610 - see if they are interested in taking on the case*.
2. If not, write to the DBU informing them that you wish to register a complaint with them under the DDA. This has to be done by a disabled person but of course you can support them in their complaint. Give a time limit for their reply.
3. If the reply does not remedy the situation, write to them again telling them that you will be taking legal action under the DDA unless they do what they can to improve the situation.
4. If no positive action taken, issue a claim at the Small Claims Court, County Court.
5. Win case!

*If the Equality Commission takes on the case they will probably use the Disability Conciliation Service to try to resolve the situation by bringing the two parties together, rather like ACAS. The aim of the exercise is to reach an agreement for positive resolution. If this is not the case, you go to court.

One of our local advisers is quite keen on the DDA, and his view was brief and to the point....

".....I would say that this is a clear case of discriminatory treatment. Also of course a complete lack of either compassion or common sense...".

Thanks, I have faxed the director of DBC about my views so far. Am currently awaiting a satisfactory response from them. Will be keeping people posted in case they come across such a case in the future.....