ESA Work Capability Assessment - changes since court ruling on discrimination?

The request was partially successful.

Dear Department for Work and Pensions,

On 4 December 2013 the Court of Appeal upheld the judgment of the Upper Tribunal in May 2013, that the Work Capability Assessment (WCA) process of Employment Support Allowance places people with mental health problems, learning difficulties and autism at a 'substantial disadvantage' compared to people without those disabilities. This was followed by an Upper Tribunal hearing on 7-9 July 2014 concerning 'reasonable adjustments' that could address the discrimination faced by the above groups undergoing the WCA. I understand that the outcome of the hearing in July is yet to be announced.

However, my questions are:

1. Since 4 December 2013, has the DWP taken any steps to prevent the WCA from placing people with mental health problems, learning difficulties and autism at a substantial disadvantage?

2. If the answer is Yes, please clearly specify what steps it has taken, including any relevant changes introduced to the WCA from that date?

3. If the answer is No, please explain the reasons for this and indicate whether and when the DWP will be taking action in response to the court ruling ?

Yours faithfully,

Yasemin Yilmaz

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.
 
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
 
Should you have any further queries in connection with this request do
please contact us.
 
For further information on the Freedom of Information Act within DWP
please click on the link below.
 
[1]http://www.dwp.gov.uk/freedom-of-informa...
 

**********************************************************************

This document is strictly confidential and is intended only for use by the
addressee.

If you are not the intended recipient any disclosure, copying,
distribution

or other action taken in reliance of the information contained in this
email is strictly prohibited.
 
Any views expressed by the sender of this message are not necessarily
those of the Department

for Work and Pensions.

If you have received this transmission in error please tell us and then
permanently delete

what you have received.

This email was scanned for viruses by the Department for Work and Pensions
antivirus services and was found to be virus free.

Please note: Incoming and outgoing email messages are routinely monitored
for compliance

with our policy on the use of electronic communications.

**********************************************************************

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

hide quoted sections

DWP Strategy Freedom of Information, Department for Work and Pensions

Dear Yasemin Yilmaz,

Thank you for your Freedom of Information request.

You can expect a reply by 2/3/15 unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely,

DWP Central FoI Team

------------------------------------------------------------------------------------------------------
Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team,
Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

-----Original Message-----
From: Yasemin Yilmaz [mailto:[FOI #251798 email]]
Sent: 02 February 2015 20:51
To: DWP freedom-of-information-requests
Subject: Freedom of Information request - ESA Work Capability Assessment - changes since court ruling on discrimination?

Dear Department for Work and Pensions,

On 4 December 2013 the Court of Appeal upheld the judgment of the Upper Tribunal in May 2013, that the Work Capability Assessment (WCA) process of Employment Support Allowance places people with mental health problems, learning difficulties and autism at a 'substantial disadvantage' compared to people without those disabilities. This was followed by an Upper Tribunal hearing on 7-9 July 2014 concerning 'reasonable adjustments' that could address the discrimination faced by the above groups undergoing the WCA. I understand that the outcome of the hearing in July is yet to be announced.

However, my questions are:

1. Since 4 December 2013, has the DWP taken any steps to prevent the WCA from placing people with mental health problems, learning difficulties and autism at a substantial disadvantage?

2. If the answer is Yes, please clearly specify what steps it has taken, including any relevant changes introduced to the WCA from that date?

3. If the answer is No, please explain the reasons for this and indicate whether and when the DWP will be taking action in response to the court ruling ?

Yours faithfully,

Yasemin Yilmaz

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #251798 email]

Is [DWP request email] the wrong address for Freedom of Information requests to Department for Work and Pensions? If so, please contact us using this form:
https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
**********************************************************************

This document is strictly confidential and is intended only for use by the addressee.

If you are not the intended recipient any disclosure, copying, distribution

or other action taken in reliance of the information contained in this email is strictly prohibited.

Any views expressed by the sender of this message are not necessarily those of the Department

for Work and Pensions.

If you have received this transmission in error please tell us and then permanently delete

what you have received.

This email was scanned for viruses by the Department for Work and Pensions antivirus services and was found to be virus free.

Please note: Incoming and outgoing email messages are routinely monitored for compliance

with our policy on the use of electronic communications.

**********************************************************************

hide quoted sections

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Dear Yasemin Yilmaz,

Thank you for your Freedom of Information request. Please find enclosed our reply.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely,

DWP Central FoI Team

------------------------------------------------------------------------------------------------------
Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team, Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

-----Original Message-----
From: Yasemin Yilmaz [mailto:[FOI #251798 email]]
Sent: 02 February 2015 20:51
To: DWP freedom-of-information-requests
Subject: Freedom of Information request - ESA Work Capability Assessment - changes since court ruling on discrimination?

Dear Department for Work and Pensions,

On 4 December 2013 the Court of Appeal upheld the judgment of the Upper Tribunal in May 2013, that the Work Capability Assessment (WCA) process of Employment Support Allowance places people with mental health problems, learning difficulties and autism at a 'substantial disadvantage' compared to people without those disabilities. This was followed by an Upper Tribunal hearing on 7-9 July 2014 concerning 'reasonable adjustments' that could address the discrimination faced by the above groups undergoing the WCA. I understand that the outcome of the hearing in July is yet to be announced.

However, my questions are:

1. Since 4 December 2013, has the DWP taken any steps to prevent the WCA from placing people with mental health problems, learning difficulties and autism at a substantial disadvantage?

2. If the answer is Yes, please clearly specify what steps it has taken, including any relevant changes introduced to the WCA from that date?

3. If the answer is No, please explain the reasons for this and indicate whether and when the DWP will be taking action in response to the court ruling ?

Yours faithfully,

Yasemin Yilmaz

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #251798 email]

Is [DWP request email] the wrong address for Freedom of Information requests to Department for Work and Pensions? If so, please contact us using this form:
https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
**********************************************************************

This document is strictly confidential and is intended only for use by the addressee.

If you are not the intended recipient any disclosure, copying, distribution

or other action taken in reliance of the information contained in this email is strictly prohibited.

Any views expressed by the sender of this message are not necessarily those of the Department

for Work and Pensions.

If you have received this transmission in error please tell us and then permanently delete

what you have received.

This email was scanned for viruses by the Department for Work and Pensions antivirus services and was found to be virus free.

Please note: Incoming and outgoing email messages are routinely monitored for compliance

with our policy on the use of electronic communications.

**********************************************************************

hide quoted sections

Dear DWP Strategy Freedom of Information,

On 2 February 2015 I asked,

"On 4 December 2013 the Court of Appeal upheld the judgment of the Upper Tribunal in May 2013, that the Work Capability Assessment (WCA) process of Employment Support Allowance places people with mental health problems, learning difficulties and autism at a 'substantial disadvantage' compared to people without those disabilities. This was followed by an Upper Tribunal hearing on 7-9 July 2014 concerning 'reasonable adjustments' that could address the discrimination faced by the above groups undergoing the WCA. I understand that the outcome of the hearing in July is yet to be announced. However, my questions are:
1. Since 4 December 2013, has the DWP taken any steps to prevent the WCA from placing people with mental health problems, learning difficulties and autism at a substantial disadvantage?
2. If the answer is Yes, please clearly specify what steps it has taken, including any relevant changes introduced to the WCA from that date?
3. If the answer is No, please explain the reasons for this and indicate whether and when the DWP will be taking action in response to the court ruling?"

You replied on 18 February 2015 but I am not satisfied with your response, which is evasive, unclear and raised more questions than provided answers. You have not directly answered my first question by specifying whether or not the DWP has, since 4 December 2013, taken any steps to prevent the WCA from placing people with mental health problems, learning difficulties and autism at a substantial disadvantage. However, you suggest it has done so by listing examples of changes made to the WCA in relation to this group. However, two of the examples you provided refer to changes made before December 2013 (with both introduced in 2011), and two refer to the recommendations of two parliamentary reviews of the WCA, which are separate from the court ruling. A further example you have listed refers to an Evidence Based Review of the descriptors used in the WCA, but this does not appear to have been carried out as a result of the court ruling either.

The only remaining example you have given does seem to address my second question. This states,

“we are also redesigning the ESA50 claimant questionnaire to make it clear that evidence, particularly in mental health cases, from Community Psychiatric Nurses, Support Workers, Carers etc is valuable”.

Does this mean, then, that the only step that the DWP has taken to prevent the WCA from placing people with mental health problems, learning difficulties and autism at a substantial disadvantage in response to the court ruling in December 2013, is the introduction of the above change to the ESA50?

If that is correct, it is worth noting that information regarding the type of evidence to send with the ESA50 was only very recently added to the form in March 2015. I would therefore be grateful if you could please tell me why has it taken so long to make one relatively small adjustment to the WCA form? Furthermore, why it is taking so long to release the outcome of the hearing before the Upper Tribunal in July 2014?

Yours sincerely,

Yasemin Yilmaz

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Dear Yasmemin Yilmaz,

Please find attached the reply to your FOI Review 230.

Yours sincerely

FOI Team

-----Original Message-----
From: Yasemin Yilmaz [mailto:[FOI #251798 email]]
Sent: 17 April 2015 21:06
To: DWP Strategy Freedom of Information
Subject: Re: FoI 429 - reply - ESA Work Capability Assessment

Dear DWP Strategy Freedom of Information,

On 2 February 2015 I asked,

"On 4 December 2013 the Court of Appeal upheld the judgment of the Upper Tribunal in May 2013, that the Work Capability Assessment (WCA) process of Employment Support Allowance places people with mental health problems, learning difficulties and autism at a 'substantial disadvantage' compared to people without those disabilities. This was followed by an Upper Tribunal hearing on 7-9 July 2014 concerning 'reasonable adjustments' that could address the discrimination faced by the above groups undergoing the WCA. I understand that the outcome of the hearing in July is yet to be announced. However, my questions are:
1. Since 4 December 2013, has the DWP taken any steps to prevent the WCA from placing people with mental health problems, learning difficulties and autism at a substantial disadvantage?
2. If the answer is Yes, please clearly specify what steps it has taken, including any relevant changes introduced to the WCA from that date?
3. If the answer is No, please explain the reasons for this and indicate whether and when the DWP will be taking action in response to the court ruling?"

You replied on 18 February 2015 but I am not satisfied with your response, which is evasive, unclear and raised more questions than provided answers. You have not directly answered my first question by specifying whether or not the DWP has, since 4 December 2013, taken any steps to prevent the WCA from placing people with mental health problems, learning difficulties and autism at a substantial disadvantage. However, you suggest it has done so by listing examples of changes made to the WCA in relation to this group. However, two of the examples you provided refer to changes made before December 2013 (with both introduced in 2011), and two refer to the recommendations of two parliamentary reviews of the WCA, which are separate from the court ruling. A further example you have listed refers to an Evidence Based Review of the descriptors used in the WCA, but this does not appear to have been carried out as a result of the court ruling either.

The only remaining example you have given does seem to address my second question. This states,

“we are also redesigning the ESA50 claimant questionnaire to make it clear that evidence, particularly in mental health cases, from Community Psychiatric Nurses, Support Workers, Carers etc is valuable”.

Does this mean, then, that the only step that the DWP has taken to prevent the WCA from placing people with mental health problems, learning difficulties and autism at a substantial disadvantage in response to the court ruling in December 2013, is the introduction of the above change to the ESA50?

If that is correct, it is worth noting that information regarding the type of evidence to send with the ESA50 was only very recently added to the form in March 2015. I would therefore be grateful if you could please tell me why has it taken so long to make one relatively small adjustment to the WCA form? Furthermore, why it is taking so long to release the outcome of the hearing before the Upper Tribunal in July 2014?

Yours sincerely,

Yasemin Yilmaz

-----Original Message-----

Dear Yasemin Yilmaz,

Thank you for your Freedom of Information request. Please find enclosed our reply.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely,

DWP Central FoI Team

------------------------------------------------------------------------------------------------------
Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team, Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #251798 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
**********************************************************************

This document is strictly confidential and is intended only for use by the addressee.

If you are not the intended recipient any disclosure, copying, distribution

or other action taken in reliance of the information contained in this email is strictly prohibited.

Any views expressed by the sender of this message are not necessarily those of the Department

for Work and Pensions.

If you have received this transmission in error please tell us and then permanently delete

what you have received.

This email was scanned for viruses by the Department for Work and Pensions antivirus services and was found to be virus free.

Please note: Incoming and outgoing email messages are routinely monitored for compliance

with our policy on the use of electronic communications.

**********************************************************************

hide quoted sections