Call for evidence on Work Capability Assessment: My submission

Mike Sivier's blog

An article on this site earlier today publicised the DWP’s call for submissions to its independent review of the Work Capability Assessment and called for anyone with experience of the process to contribute by answering the four questions at this web address:

https://www.gov.uk/government/consultations/fourth-independent-review-of-the-work-capability-assessment-wca

As someone with direct experience of the assessment procedure, I made my own submission shortly after writing the piece, and I am reproducing it here. I threw as much information into the submission as I could, and I would like to take this opportunity to beg everybody who has also experienced a work capability assessment to do the same. It is weight of numbers that will carry any changes to this diabolical, unfit-for-work assessment system; if you have been affected, you cannot rely on other people to get it changed for you.

Here are the questions and my responses:

1. If you have undertaken a WCA yourself…

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Roberts v Bank of Scotland plc and another appeal – [2013] All ER (D) 88

Paul at Watsons Solicitors of Llandudno

Whilst i was searching for a case on Lexis Nexis today, i came across the case report on Roberts v Bank of Scotland plc and another appeal – [2013] All ER (D) 88. This case was very interesting indeed, not least because the Bank of Scotland appealed having lost at the first instance and took the matter to the Court of Appeal and lost again.

The facts however are most interesting, it seems the Bank had called the Claimant over 500 times in the space of 12 months, and the Claimant for her part had told the Bank that she did not want to discuss the matter with the bank or its debt collectors.

The lower courts are often quick to frown on a debtor who doesnt communicate with his creditor, however quite helpfully the Court of Appeal seems to have clarified matters on this point.

 

This is an…

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DWP allowed to appeal against ruling that ‘fitness for work’ test is illegal

Mike Sivier's blog

It may have taken almost a month and a half, but judges have agreed to let the Department for Work and Pensions appeal against the judgement that the work capability assessment discriminates against people with mental health problems.

According to the Mental Health Resistance Network the DWP was denied permission to appeal on the first attempt.

Iain Duncan Smith’s lackeys then resorted to a second route – applying directly to the Court of Appeal – and it was this court that granted permission.

A spokesperson for the Mental Health Resistance Network said: “This is not the news we wanted, but the Tories were never going to give up without a fight as they are desparate to destroy our welfare state.

“Needless to say we will be fighting back.”

Vox Political was one of many who reported, back in May, that a judicial review had ruled that the work capability assessment…

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