I have two client's who attend full time therapy (therapeutic community type treatment).

One has failed the LCW and another is about to.

The problem is, that I cannot see any way that ESA law will allow for exemptions or for either client to be 'treated as'. The only avenue I have to try is the exceptional circumstances but with recent UT decisions suggesting the specific work must be looked at for this to apply (whcih I disagree with) this is not looking hopeful and in one case where I've made the request I have not had a reply.

Has anyone else come across this? Did you find a solution?

What are the policy implications of mental health patients being denied the treatment they need becuase they've been forced into work?

Thanks all,

Surely in a case where ANY work at all would prevent treatment you could argue that exceptional circs apply?

Thanks for your reply Ariadne. I hadn't seen it previously as I forgot to bookmark my post.

The exceptional circs is a possibility - and I will push it - but I'm not confident.

This is becoming a bigger issue now as we have several clients from the same therapy unit and from what I've heard we can expect more. Any suggestions as to how we can deal with this en masse rather than case-by-case would be most gratefully received...

Tony here's a few brief thoughts following on from Ariadne's.

1, Have look at R (IB) 2/09 and memo DMG 06 -09 (which confirms applies to ESA) if you haven't already.

2, Paragraph 34 of the above may well apply to some of your clients i.e. a psycho-stressor like loss of benefits leading to relapses etc in mental health condition e.g. conditions such as bipolar affective disorder, other mood disorders, eating disorders and psychotic illnesses.

3, I remember Tamara from Colchester borough council's method of block exemptions (posted on rightsnet and NAWRA website) but that was reg 10 incap regs. But for exceptional circumstances i'm struggling too.

4, The only other thing i can think of is trying to arrange meetings with ATOS medical service managers and their ADA's and the JCP DM's having first convinced professionals from the therapy unit to take part in the hope (or should that be aspiration) of raising the awareness and the quality of medical examinations and decision making.

Andy

PS

I know this is stating the irritatingly obvious, but the absence of ESA equivalent of reg10 exemption has surely got to be worthy of a single issue campaigning issue for mental health lobbying groups, just as they were apart of the successful campaign against the old discriminatory hospital down-rating of benefit rules for IS etc.