Work Capability Assessments discriminate against vulnerable claimants

So judges have ruled today in favour of two claimants with mental health problems who claimed  that the test for sickness benefit would discriminate against them. The law requires that the government should make reasonable adjustments to avoid discrimination. The judges at the Upper Tribunal ruled that the Work Capability Assessment puts people with mental illness, autism and learning difficulties at a substantial disadvantage.

Work Capability Assessment (WCA) tests, are designed to measure a person's entitlement to Employment and Support Allowance. ( ESA) They are supposed to determine whether someone is fit for work. They are run by a French company Atos on behalf of the government. They have proved controversial with the claimants being subjected to these assessments. In fact, according to the the government's Public Affairs Committee, the Department of Work and Pensions' decisions have been overturned in 38% of appeals.

Lawyers for the two individuals who won their legal challenge today argued that where the claim is from someone with a mental health problem, it should be the government's responsibility to seek additional medical evidence. Under the current system, evidence from a professional, such as a GP or a social worker,is expected to be provided by the claimants themselves. There is no obligation for the DWP to collect this evidence, even on behalf of the most vulnerable - apart from in rare cases.

Almost 20 000 people are assessed each week for ESA in England , Wales and Scotland - these are figures provide by the DWP. More than a third of these people are claiming primarily for mental health problems, meaning thousands of people each month are going through a process that puts them at a substantial disadvantage.

UK charities; Rethink Mental Illness, Mind and the National Autistic Society all intervened in the case to provide evidence based on the experiences of their members and supporters. Mind's chief executive Paul Farmer said: "The judgement is a victory, not only for the two individuals involved in this case, but for thousands of people who have experienced additional distress and anxiety because they have struggled through an assessment process which does not adequately consider the needs of those with mental health problems."

A spokesperson for the DWP said: "We disagree with today's ruling and intend to appeal."