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

Repeat ESA 50s - discrimination law breach?

neilbateman
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Welfare Rights Author, Trainer & Consultant

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Total Posts: 443

Joined: 16 June 2010

I have a severely ill client with long term disabilities who was awarded nil points on an ESA conversion from IB.  Appealed and submitted reams of evidence.  Result:  Decision revised and he was placed in Support Group.

Four months later he has been sent an ESA 50 with the usual threats to terminate his benefit if he does not comply.

As others have commented, this is nothing more or less than institutional bullying.  It also strikes me that the gross insensitivity and insistence displayed in these cases where DWP know about someone’s disability may amount to disability discrimination for which DWP may be liable for significant damages.

Has anyone else thought of the disability discrimination angle?  It’s not an area I am very familiar with, though if successful may put a stop to these outrageous practices by DWP.

Obviously I will also be making a formal complaint, but most of the time DWP get away with this behaviour and in mitigation plead the usual nonsense about the “computer system” doing it, as if the computer is nothing the do with them.

(Edited to remove typos)

[ Edited: 24 May 2012 at 04:16 pm by neilbateman ]
Stevegale
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Torbay Disability Information Service, Torbay NHS Care Trust

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Not tried it, but could it be - Equality Act 2010:

15(1)(b): ‘....cannot show that the treatment is a proportionate means of achieving a legitimate aim’


http://www.legislation.gov.uk/ukpga/2010/15/section/15

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Section 26 of the Act might be useful in this regard.

26 Harassment

(1)A person (A) harasses another (B) if—
(a)A engages in unwanted conduct related to a relevant protected characteristic, and
(b)the conduct has the purpose or effect of—
(i)violating B’s dignity, or
(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

One could certainly mount a credible argument that frequent medicals in certain circumstances violated a person’s dignity and the accumulated effect of such medicals created “an intimidating, hostile, degrading, humiliating or offensive environment” for the claimant

CassieCS
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Welfare Benefits Supervisor Age Concern Barrow

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I have a client who has a significant bowel problems (extensive repeateded uncontrobable and complete evacuation) We have now compelted our 3rd ESA50.  Prior ESA50’s have resulted in a zero point medical an appeal then WRAG at reconsideration the last one resulted in entry to the Support Group. (We thought we were ok) The client then received a letter stating she will be reassessed in 6 months time, 4 months later hey presto another ESA50.
Due to the nature of the condition and her derteriorating mental health my client is now suicidal at the thought that this cycle will simply keep continuing.
I keep coming back to this thread, as I feel that I should try and do something and am thinking about a discrimination challenge.
Can anyone advise as to the best way to start, would a stongly worded letter have any impact or am I really wasting my time with no real experiance in this area?