RNIB threatens DWP with court action for failing to cater for blind

Just been reading this story over my lunch, concerning a blind ESA claimant who had his benefit payments stopped on a regular basis due to not providing information and failing to attend appointments notified to him by DWP in letters that he could not read.

When the deadlines lapsed, DWP then sent him letters telling him that his benefits had been suspended, which he also couldn’t read, forcing him to use payday lenders and incur bank charges for direct debits not being met.

In a statement of the bitterest irony, the reports notes a DWP spokesperson as saying: “Anyone who has their benefits suspended should contact us and can, if necessary, appeal.”

Well, maybe this claimant would have contacted them if they’d have provided properly accessible correspondence to him in the first place. Further, of course, they can’t appeal the suspension, they have to request our old friend the mandatory reconsideration first. Heartening to know that DWP spokespeople are so au fait with their own procedures…..

Also says that RNIB are looking for 50 similar cases but couldn’t see any details on their website regards this.

RNIB threatens DWP with court action for failing to cater for blind

Interesting figures on appeal success rates. Anyone know where they come from? Are they just referring to stuff done by the RNIB?

I’d want to know more about the specifc cases before feeling qualified to comment but my first reaction is why anyone, upon receipt of correspondence they can’t view, would leave it for any length of time before actioning. That comment could subsequently prove to be way out of line as few client groups are more isolated than those with sensory impairments but certainly that would be my starting point.

I’m not sure any of us should comment on accessibility of information really. Glass houses and all that. At one point I had issues reading Rightsnet emails :) I should put on record that Rightsnet took my concerns seriously. Not many organisations do. I have recently been advised that “no legislation” covers web site accessibility. Hmm. Might want a rethink on that. Equality Act anyone?

How many local authorities produce materials either on paper or web page that talk about infomation being available in accessible formats but the statement itself doesn’t even make it to 12 point? Citizens Advice fall into the same trap so DWP hardly alone here.

I saw this circulating in one of the ATOS groups on FB… I’m glad RNIB are taking this action; injury to feelings attracts compensation to a Legally Aidable extent. Inaccessible forms; especially if they keep sending them, could be worth quite a lot of money; certainly 5 figures if it could be perceived to be a “campaign” of discrimination. Last year one of the local rags reported a blind person in similar circumstances being awarded £15k; i.e. a mid band Vento award.

Too many vulnerable people are being left behind and with IDS ignoring all our calls to act, strategic litigation is possibly the last best tool we have to try and hold the DWP to account.

I’m certainly not hesitating to help my clients access representation where I can see discriminatory practise; although it’s easier in Mental Health with MM & DM up our sleeve.

It’s very satisfying when DWP manage to get a file, offset periods of earnings and JSA and pay a person within 24 hours of their receiving a Letter Before Action…