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PIP assessment problems
We are in the process of bringing a claim against Capita & DWP for failures under the Equality Act; particularly trying to drag people to far flung assessment centres when their disability might suggest that they are unable to make the journey. Our example is a person with developmental & learning difficulties, first onset psychosis and resulting challenging behaviour. Capita’s Health & Safety policy was seen to override any duties under the EQA and they tried to drag them 16 miles to assessment in Birmingham rather than conducting a home visit.
Legal Aid has been refused and we are anticipating a Judicial Review of the refusal.
We are looking for examples of similar situations; where people are being dragged long distances for assessment despite disability that might suggest a home visit was more appropriate, both in Capita and ATOS areas although we need to distinguish between the two.
If people could email me; dan DOT manville AT wolverhampton.gov.uk with examples I would be grateful. I would further be grateful if people could be clear whether they are in ATOS or Capita areas.
We don’t know at this stage how urgent this request is as the clock for issuing proceedings hasn’t started ticking yet however I’ve been asked by the instructing solicitors to start gathering evidence so would be grateful if we could get information sooner rather than later.
As this is in public I should probably say that the claimant’s litigation friend in this case is currently accepting the costs risk and proceedings are ongoing; we would, however, like to mitigate that risk!
Thanks in advance