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Mental Health, Evidence and Unlawful Disability Discrimination.
In 2014, a panel of 3 judges held ATOS & DWP unlawfully discriminated against mentally disabled claimants when failing to obtain evidence from their doctors prior to assessment.
Am I correct to think this is still good law.?
Does anybody have the citation?
Are there any other UT decisions, which considered this issues?
Thanks for your help?
I imagine you are thinking of MM & DM v SSWP.
The citations are:
[2013] UKUT 260 (AAC) for the first UT decision
[2013] EWCA Civ 1565 for the DWP’s partially successful appeal
[2015] UKUT 107 (AAC) for the return to the Upper Tribunal.
[2015] UKUT 556 (AAC) for the decision on costs (which you can probably skip in fairness)
The Court of Appeal decision and half of the 2nd UT decision are also reported as [2016] AACR 11.
And there’s reference to the practical side of this within the DWP PIP assessment providers guidance which manages to be both vague and prescriptive.