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Fit for Work and Corporate Responsibility

D Cook made this Freedom of Information request to Department for Work and Pensions

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Dear Department for Work and Pensions,

My disabled nephew who has autism; learning difficulties, dispraxia and other problems has been found fit for work and one of the questions his mother rose [in his appeal papers] was: 'If he's stressed he will lash out and who will take responsibility if he hurts someone?'

This raised an interesting question and what I [& my nephew's family] would like to ask is:

1) Since corporate manslaughter is an offence in UK law, how culpable in law are you if someone physically or mentally disabled, terminally ill, mentally ill or with degenerating-health problems whom you have deemed fit for work [by a WCA] is forced back into or into work or the work programme and they:

i) kill or injure a third party by accident?
ii) kill or injure a third party by personal attack?
iii) injure themselves by accident?
iv) or they kill themselves by accident?

3) How legally culpable are the WCA disability assessors ATOS, Capita, Maximus, et al when any of the above mentioned examples happen and they have assessed the person as fit for work?

2) When an employee who is off work sick and not yet fit for work ,but, is forced back into work by you, are you culpable if an accident like this occurs? http://www.bbc.co.uk/news/uk-scotland-gl... because they had to go back into work.

4) Are you prepared to pay third party claims for death or injury caused by someone forced into/back to work that has an accident or attacks someone?

5) Do you pay for personal & third party insurance for someone like my nephew [who has born with mental disabilities] when you find them fit for work and they are forced into work or the work programme, in case any of the examples in question one happen? If not why not? Because my sister said she can't be responsible for her son attacking or injuring any one after being forced into the workplace, when he's obviously not fit for work.

Yours faithfully,

Yours faithfully,

D Cook

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C Robinson left an annotation ()

I find this extremely interesting, especially as I know someone with cancer that has to work and was told to work by the DWP, I said you are on chemotherapy how can you be forced back into work?
He said he was on oral chemotherapy and was told those on oral chemotherapy have to work. I was horrified beyond belief when heard this and he is terribly ill & shouldn't be working. He isn't a threat to anyone at work, but he could hurt himself as he is so ill, this is so monstrous!

DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

You can expect a reply by 6 November unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

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Yours sincerely

DWP Strategy FoI Team

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Sian Lowe left an annotation ()

This persons questions are something I have wondered about, since a mentally-ill person, forced onto the work programme violently threatened an employee at *Tescos.
I know about this incident because my neighbour (who works there) told me about it and she said: 'She didn't blame the man as he was obviously very mentally-ill' nonetheless they echoed the worries of the person who wrote this FOI and said someone is going to get hurt if this practice continues.
I also know for a fact my local *charity shop has stopped its participation in the work programme, when they were sent mentally-ill people who were obviously not fit for work.
Like everything else NOTHING is done until there's a tragedy and even then it won't stop the govt because it's not their relative that's killed or hurt.
n.b.
*I know Tescos pulled out of the work programme, but this was over two-years ago.
*The said charity shop pulled out of the work programme for several reasons, people boycotting the store was another.

DWP Strategy Freedom of Information, Department for Work and Pensions

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Please see the attached reply to your Freedom of Information request
 
Yours sincerely
 
DWP Strategy FoI team

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