Judicial Review- Equality Act
Dear Department for Work and Pensions,
Following the ruling and directions in MM & DM v Secretary of State for Work & Pensions [2013] UKUT 0260 (AAC) ) as given below, could you provide the DWP guidance now made available to Atos with regards to the assessment of claimants with mental health problems.
Claim for Judicial Review
(2) We should direct the SSWP to take defined steps, within a defined period, to investigate and assess the implementation of significant changes in the practice relating to obtaining Further Medical Evidence in respect of claimants with Mental Health Problems to provide the evidence referred to in (4).
i) by being required to complete an ESA50 when this is not needed,
ii) in the completion of the ESA50,
iii) by being required to attend a face-to-face examination / assessment when this is not needed,
iv) during a face-to-face examination / assessment, and
v) during the final decision-making process and the communication of that decision by the DWP decision-maker.
Yours faithfully,
B. Adams
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Dear Mr Adams
Please see your FOI response attached
Kind regards
Health & Disability Assessments (Operations)/Department for Work and Pensions/2nd Floor/Peel Park/ Brunel Way/Blackpool/FY4 5ESS
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 'Judicial Review- Equality Act'.
I request a copy of the DWP guidance or internal memos which detail the revised procedures to be followed following the court ruling and directions .. If you have not made any such revisions to the procedures please could you say so..
A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ju...
Yours faithfully,
B. Adams
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...
References
Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...
Dear B Adams
Please find attached our response to your recent FOI review request.
Yours sincerley
DWP Centrl FoI team
J Roberts left an annotation ()
A recent judgment concerning a claimant who died by suicide in February 2017:
2021] EWHC 2511 (Admin)
https://www.bailii.org/ew/cases/EWHC/Adm...
'34. I am nevertheless bound to observe that the Department’s failures in this case, set out in the ICE report, are shocking.
81. The guidance refers to “Safeguard Visits for non-attendance at mandatory interviews” and “failing in your duty on behalf of DWP to safeguard vulnerable claimants by not checking the Mental Health flag.” It does not follow, however, that the use of the word “safeguarding” imports the assumption of responsibility.
97. I agree that this claim should be dismissed, for the reasons given by Farbey J.
101. For the claimant, it is said that the errors in this case are not isolated. But the ICE did not identify any systemic flaws.
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. '
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B. Adams left an annotation ()
The decision is on http://www.osscsc.gov.uk/Aspx/view.aspx?.... The DWP are appealing it...