Equality Act

GEOFFREY REYNOLDS made this Freedom of Information request to Department for Work and Pensions This request has been closed to new correspondence. Contact us if you think it should be reopened.

Department for Work and Pensions did not have the information requested.

GEOFFREY REYNOLDS

Dear Department for Work and Pensions,
The following extract was taken from a recent case in which a claimant was awarded £2000 plus costs against ATOS.

Atos tried to argue that they were not bound by the Equality Act when delivering WCAs, and so did not need to make reasonable adjustments for disabled people, and also tried to claim that I was not disabled, as defined by the Equality Act 2010.

An expert medical report, ordered by the Court, concluded that there was “no doubt” that the impact on my condition [as a result] of the events of 9 August 2011 were “significant”, and that “certainly several steps could have been taken to avoid the exacerbation of symptoms”.

At the WCA I was award 0 points and assessed as fit for work, [the] DWP rubber stamped that advice. It went to appeal where I was placed in support group after a 5 minute hearing – after waiting months on reduced benefit.

I would like to ask a couple of questions about what is written above;

1/ ARE ATOS BOUND BY THE TERMS OF THE EQUALITY ACT 2010 WHEN DELIVERING A WCA?

2/ WHY WOULD THEY CLAIM THEY WERE NOT?

3/ WHAT ADVANTAGE WOULD THEY GAIN IF THEY WERE OUTSIDE THE ACT?

4/ WHAT REASONABLE ADJUSTMENTS SHOULD ATOS HAVE MADE TO DISABLED CLAIMANTS?

5/ WHAT STEPS SHOULD HAVE BEEN TAKEN TO AVOID EXACERBATION OF THE SYMPTOMS?

6/ WHY WOULD A JUDGE REQUEST AN EXPERT MEDICAL REPORT?

7/ WHY WAS THE CLAIMANT AWARDED ZERO POINTS?

8/ COULD THE CLAIMANT BE REASSESSED FOR THE EXTRA PAIN HE IS NOW SUFFERING FROM A BOTCHED / BIASED EXAMINATION?

Yours faithfully,
GEOFFREY REYNOLDS

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B. Adams left an annotation ()

Geoffrey.. Would you be able to supply details of the court case you mention..

B. Adams left an annotation ()

Cancel that Geoffrey thanks.. I found it..Its David Johnson with the help of the Equality and Human Rights Commission (EHRC) v Atos.. some interesting points made in it..

GEOFFREY REYNOLDS (Account suspended) left an annotation ()

On 24th June last year at the BMA’s Annual Representative Meeting (ARM) doctors from every discipline voted overwhelmingly to demand that the DWP-Atos Work Capability Assessment end ’with immediate effect’.

Through their Medical Adviser, the patient-led Black Triangle disability rights campaign originated the motion which became BMA national policy. Part (iii) of the ARM motion called upon the BMA to engage with disability groups to change public policy. To date, the only ”official” communication their campaign has received has been a short statement via Facebook.

As doctors on the front line witnessing daily the enormous avoidable suffering of many of our most vulnerable patients caught up in this Kafkaesque system of ‘disability assessment’, we find this failure to meaningfully engage unacceptable. More critically, we fully share in the dismay with which sick and/or disabled people have greeted the failure of the BMA’s leadership to give any meaningful effect to the unanimous wishes of its members: that this dreadful assessment régime should be immediately terminated.

The GMC’s own publication ‘Good Medical Practice’ states that:

‘… a doctor must (overriding duty or principle) take prompt action if he feels that “patient safety is or may be seriously compromised by inadequate… policies or systems.’

DWP DWP Medical Services Correspondence, Department for Work and Pensions

1 Attachment

Dear Mr Reynolds

Please see your FOI response attached

Kind regards

Health & Disability Assessments (Operations)/Department for Work and Pensions/Room 306/Block 31/Norcross/Norcross Lane/Blackpool/FY5 3TA

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GEOFFREY REYNOLDS

Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Work and Pensions's handling of my FOI request 'Equality Act'.

As usual, you completely fail to answer any of my questions.Its really strange how your department wriggles out of its commitment to provide answers.

Perhaps its the embarrassing scenario you find yourselves in, brought on by your inhuman acts against the weakest in society?

I therefore request an internal revue with a wish that you answer some of the questions about your "arms length bully boys" ATOS?

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/eq...

Yours faithfully,

GEOFFREY REYNOLDS

DWP freedom-of-information-requests, Department for Work and Pensions

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expect a response within 20 working days.

Should you have any further queries in connection with this request do
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DWP DWP Medical Services Correspondence, Department for Work and Pensions

1 Attachment

Mr Reynolds,

Please see attached response.

Thank you,

Health & Disability Assessments (Operations)/Department for Work and Pensions / Room 306 / Block 3 /Norcross / Norcross Lane / Blackpool / FY5 3TA

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GEOFFREY REYNOLDS

Dear DWP DWP Medical Services Correspondence,
It comes as no shock that your department is not willing to enter talks about the Equality Act...

Yesterday three judges declared that the DWP, utilising ATOS, were in breach of the act.

Wait till the shit hits the fan!!!!

Yours sincerely,

GEOFFREY REYNOLDS