Monday, 6 August 2012

High Court rules Work Capability Assessment arguably unlawful

The Public Law Project should be praised for their excellent work in persuading the High Court to allow a Judicial Review to be brought before the court against the Secretary of State for Work and Pensions in respect of the infamous ATOS Work Capability Assessment (WCA). The claim is being brought by two disabled people whose disability were mental health issues, on the basis that ATOS Health Care Professionals who carry out WCA have limited experience and knowledge of mental illness. Secondly, it is claimed that the WCA process is discriminatory under the 2010 Equalities Act in that it does not allow claimants with mental health issues reasonable adjustements under the Act.

The Public Law Project Press Release can be found here.

A finding against the DWP will be welcome news for many disabled welfare claimants who have been wrongly categorised as being fit for non existent work and as such have had their Incapacity Benefit/ESA stopped reducing their disposable income by as much as a half.

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