Public Interest Lawyers Press Release – 14 December 2012
A disabled man who was
wrongly found fit for work under the government’s disability benefit assessment
scheme is launching legal action to try and stop more disabled people being
wrongly kicked off the social safety net.
Patrick Lynch, a former social care worker who
was forced to quit work because of his impairments, is seeking a judicial
review of the controversial disability benefit assessment scheme run by Atos.
The Work Capability Assessment (WCA), which
determines eligibility for Employment and Support Allowance (ESA) for people
whose health or impairment stops them from working, is at present hugely
unreliable, with many people wrongly found fit for work despite severely
debilitating and in some cases life-threatening conditions.
The legal action is seeking a ruling that
would require Atos, the private firm that runs the WCA process on behalf of the
Department of Work and Pensions (DWP), to grant all ESA claimants the
unequivocal right to have their assessment recorded and to receive their WCA
report before a decision on their eligibility is made – both key safeguards
against people’s health conditions being misreported or ignored altogether.
DWP research and a survey conducted by
Disabled People Against Cuts (DPAC) both show widespread demand from claimants
to have their WCA assessments recorded, to ensure their medical conditions are
not misrepresented in order to wrongly strip them of benefits. But while the
DWP granted the right to request a recording earlier this year, there are
considerable bureaucratic obstacles to both securing a recording and then using
it in an appeal, with Atos recently introducing a restrictive ‘consent form’
for those wanting a recording of their assessment.
The case is being brought by Public Interest
Lawyers, and draws on research by Disabled People Against Cuts and the
TUC-backed campaign group False Economy.
Mr Lynch wants the DWP and Atos to adopt the
following safeguards:
a)
Universal recording to ensure that all claimants undergoing a WCA or an
assessment under the new PIP benefit system will have the right to have their
assessment recorded;
b) Claimants will get a copy of the WCA report
before a decision is made on their eligibility for ESA, and will have the
chance to raise any concerns with the DWP decision maker;
c) The DWP/Atos will be responsible for
obtaining medical evidence from the medical professional named by the claimant;
d) The DWP ensures that all assessment centres
are fully accessible.
Taken together, these measures would address
some of the inaccuracy inherent in the disability benefits system. Disability
campaigners have raised repeated concerns over how the WCA process causes huge
stress for ESA recipients, with many disabled people’s lives ruined after
wrongly having their benefits removed.
Mr Lynch, now a campaigner with DPAC, was
found fit for work following a flawed WCA report in 2010, before the DWP
reconsidered and reversed the decision. His most recent WCA this year upheld
his benefit entitlement, but even then Atos’ report of his assessment contained
inaccuracies.
In bringing the action Mr Lynch notes
“Disabled people and the poor in this Country
have always struggled to get what they are duly entitled to. The fight must go
on to address the injustice caused by this out of touch Government.”
A DPAC spokesperson said:
“The evidence is clear – more than 98 percent
of those responding to our survey said they wanted their assessment recorded
and that they believed it would provide a better account. However, many
reported a whole host of barriers in getting a recording in place.”
A spokesperson for False Economy, whose
investigations into WCA recordings informed some of the background to the
recording debate, said that the rights of ESA claimants are crucial.
“Too many people feel vulnerable in this
process. People feel that their final assessment reports inaccurately reflect
information exchanged during work capability assessments. We've found it hard
to pin down the DWP on recording policy. Universal recording, and giving people
the opportunity to see their WCA reports before final eligibility decisions are
made, will go some way towards restoring fairness and accuracy while the WCA
process continues.”
Tessa Gregory of Public Interest Lawyers, Mr
Lynch’s solicitor states:
“The Work Capability Assessment process needs
urgent reform. There is an unacceptable risk of unfairness in the current
system and we hope these safeguards will be instituted to help mitigate that
risk.”
TUC General Secretary Brendan Barber said:
“Assessments of disability must be fair and
proportionate, treat people with respect and be part of a consistent system.
There is overwhelming evidence that they have fallen far short of these basic
standards. It is right that they should be challenged in court.”
END
Contact at Public Interest Lawyers:
Tessa Gregory, tessa.gregory@publicinterestlawyers.co.uk
0121 515 5069
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