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

no words…..

ClairemHodgson
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Solicitor, SC Law, Harrow

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shawn mach
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The Liverpool Echo has published extracts from letters from two doctors sent to the DWP on Stephen’s behalf

https://www.liverpoolecho.co.uk/news/liverpool-news/stephen-smith-warning-doctors-dwp-16185418

Benny Fitzpatrick
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Surely there is a negligence claim here somewhere?

Also, for the Sec of State to refuse to comment is absolutely disgraceful. No shame whatsoever!

Andrew Dutton
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Benny Fitzpatrick - 29 April 2019 03:23 PM

Surely there is a negligence claim here somewhere?

Also, for the Sec of State to refuse to comment is absolutely disgraceful. No shame whatsoever!

Too busy trumpeting good-news stories.

ClairemHodgson
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Benny Fitzpatrick - 29 April 2019 03:23 PM

Surely there is a negligence claim here somewhere?

no

no one has been negligent, as such.

the HCP will have done what the HCP was told to do; may have been bad practice, but that’s not the same thing

the DM will then have decided that the HCP knew more than the consultant and the GP on the usual grounds that the consultant/GP were acting on what client told them, thus showing a failure to understand anything about medicine and how it is practised ...

and then they will all have dug their heels in

which isn’t to say that there isn’t an action that could be brought, but not in negligence, and given the poor man’s died, who is to bring it and do they have the money to do so?  cause of action died with him, essentially.

[ Edited: 30 Apr 2019 at 10:09 am by ClairemHodgson ]
shawn mach
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From the Guardian today:

An investigation into the treatment of a man who was denied benefits despite being seriously ill and weighing 38kg (6st) before his death has found the Department for Work and Pensions “followed policy”.

The internal DWP review ordered by Amber Rudd found that the department missed “crucial safeguarding opportunities” but that “policy guidance was followed” in Stephen Smith’s case.

DWP followed policy in denying dying man benefits, review finds

 

Paul_Treloar_AgeUK
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Frank Field rather hits the nail on the head as far as the risible response from DWP is concerned.

In response to the letter, Field said: “What kind of policy guidance is it that fails to recognise that somebody is seriously ill and dying? This letter heavily disguises the fact that we’re talking about a man who lost his life, not a package that got lost within the DWP. It sums up much of what’s wrong with the DWP, which is apparently very short on human sympathy.”

Benny Fitzpatrick
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So are we to understand that DWP policy is to kill people?

Peter Turville
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“We are committed to ensuring that people with health conditions get the support they’re entitled to.”

But we are not committed to any action that might assist in achieving that objective, to learn from previous cases etc. etc.

I have seen two previous internal reviews in similar cases. DWP clearly hasn’t learnt anything from previous reviews. The ones I have seen only stated the obvious that any experienced welf who had a cursory look at the claim / evidence could have written in about 20 mins. Neither of those reports contained the phrase ‘not fit for purpose’.