ESA safeguards to prevent benefit being stopped due to DWP cancelling appointments

Amanda Hart 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.

The request was successful.

Dear Department for Work and Pensions,

Background: In 2017 the department stopped the ESA benefits of 63 year old Teresa Geale from Kent after missing one of its appointments for "No Good Reason" despite the fact it was them who cancelled the appointment.

Our request: If they exist, please provide the documents containing procedures, processes or safeguards put into place since the blunder to ensure benefits are no longer stopped under the circumstances described above.

Parameters: 2017 onwards, Employment and Support Allowance

Source for public ref: https://evolvepolitics.com/disabled-woma...

Thanks.

Yours faithfully,

Amanda Hart
for Stop UK lies and Corruption

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

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References

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1. mailto:[email address]
2. http://www.gov.uk/dwp

Operations FOI Team,

Our ref: FOI2020/43792

Contact email: [1][email address]

Dear Amanda Hart,

Thank you for your request for information which was received on 10th
August. Your request is being considered under the terms of the Freedom of
Information Act 2000.

You can normally expect a response to your FoI request within 20 working
days. However due to the current situation with COVID-19 it may not be
possible for us to reply to you within this timeframe.

The DWP will make every effort to respond to FOIs as we would usually but
the current situation may mean that available Departmental resources are
needed on other high priority areas.

We kindly ask for your understanding during this unprecede nted situation
and we will aim to deal with your FOI request as soon as is practically
possible.

If you have any queries about this letter, please contact the department
using the email address and reference number above.

Yours sincerely,

DWP Central FoI Team

Department for Work and Pensions

References

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1. mailto:[email address]

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 'ESA safeguards to prevent benefit being stopped due to DWP cancelling appointments'.

It is understood there may be a delay in providing this information due to Covid-19 but as there have been no changes to the time limits at which we can request an internal review it must therefore be entered today. The purpose of the internal review will be for you to look into when the information we requested will be supplied. This is merely procedure before we take the matter up with the Information Commissioner.

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

Yours faithfully,

Amanda Hart
for Stop UK lies and Corruption.

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

This is an automated confirmation that your request for information has
been accepted by the DWP FOI mailbox.
 
If your email is a Freedom of Information request you can normally expect
a response within 20 working days.
 
However please be advised that due to the current situation with COVID-19
we cannot guarantee a response within this timescale.
 
Every effort is being made to respond to FOIs as we would usually but the
current situation means that available Departmental resources will be
needed on other high priority areas.
 
We kindly ask for your understanding during this unprecedented situation
and we will aim to deal with your FOI request as soon as is practically
possible.
 
Email FOI responses will be issued from [1][email address]
We recommend that you add this address to your email contacts otherwise
the response may be treated as Spam or Junk mail.  
 
Should you have any further queries in connection with this request do
please contact us.
 
[2]http://www.gov.uk/dwp
 
 

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References

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1. mailto:[email address]
2. http://www.gov.uk/dwp

DWP Central FOI Team,

1 Attachment

Dear Amanda Hart,

I am writing in response to your request for information, received 10th
August.

Yours sincerely,

DWP Central FoI Team

DWP Central FOI Team,

1 Attachment

Dear Amanda Hart,

I am writing in response to your request for information, received 11th
September.

Yours sincerely,

DWP Central FoI Team

J Roberts left an annotation ()

Some may be interested in this recent IC decision relating to a review of safeguarding procedures:

'5. ...

"Please send me:

a) The terms of reference or any similar document setting out the scope of the review referred to in that news story

b) The results of the review referred to in that news story."

51.The Commissioner therefore considers that DWP has failed to fully consider the request and she requires it to provide a fresh response which does not deny that information is held and either provide the requested information or issue a refusal notice which complies with section 17.'

https://ico.org.uk/media/action-weve-tak...

IC-48363-C8Q5

J Roberts left an annotation ()

Recent judgment.

'1. On 21 February 2017, Jodey Whiting died as the result of an overdose of prescription medication... A recent decision by officials within the Department for Work and Pensions ("the Department") to stop paying Employment and Support Allowance ("ESA") was said to have contributed to that stress.

102. Nobody has sought to disagree with the ICE's conclusion that these were "significant failings". The Department accepts that assessment. But that is not the same thing as a breach of the state's operational duty to safeguard life. For the reasons given by Farbey J, it is not arguable that the facts of this case engaged the state's operational duty. Accordingly, despite the deep sympathy one must feel for Ms Whiting's family, I agree that there is no ground on which to order a new investigation.'

[2021] EWHC 2511 (Admin)

https://www.bailii.org/ew/cases/EWHC/Adm...

J Roberts left an annotation ()

BBC:

'The mother of a vulnerable woman who took her own life when her benefits were stopped has lodged a second appeal bid in her fight for another inquest. '

https://www.bbc.com/news/uk-england-tees...

J Roberts left an annotation ()

' The Court of Appeal has given the family of Jodey Whiting permission to appeal the High Court’s decision not to grant a second inquest into her tragic death.

Jodey’s mother, Joy Dove, has been fighting relentlessly for years to secure a new inquest to investigate the family’s concerns about the impact on Jodey of failings by the Department for Work and Pensions (DWP) in handling her claim for Employment and Support Allowance. The judgment means that Joy’s case will be heard by the Court of Appeal at a date to be set.

The disabled mum-of-nine took her own life a fortnight after her benefits were stopped. The 42-year-old was plagued with ill health and crippling back pain, which was so severe she struggled to even make it out of the front door of her Stockton home. '

https://www.msn.com/en-gb/entertainment/...