Three judges today confirmed what DPAC and other campaigners have been saying since 2010– the benefits test used to decide whether people are fit for work, actively discriminates against disabled people and those with mental health issues
Mental health Resistance network (MHRN) have won the judicial review case against the DWP on the clear inadequacy of the Work Capability Assessments. They supported two users who took a case against the DWP for the harm these tests do to those with mental health issues. The WCA has been severely criticised since the Condems took over the reins from the New Labour WCA inception, making the tests more and more difficult and more and more humiliating for all concerned.
Last week Dr Greg Wood resigned claiming the tests were biased, there have been a number of high profile resignations from nurses resigning and claiming that not only were the tests unfair they were degrading. This is a subject disabled people know all too well, from the millions lavished on Atos for tests and the millions for appeals.
The judicial review focussed on specific issues for those with mental health issues – that of gathering supporting evidence. Under the current system, individuals are responsible for gathering their own medical evidence and sending it to the Department of Work and Pensions (DWP). If anyone fails to do this, it simply won’t be looked at, and in many cases if you do do this your papers will be brushed aside (see DPACs survey responses on the WCA HERE).
Reporting the victory DPAC’s sister group, Black Triangle Campaign wrote:
“The judgment that the DWP is in breach of the Equality Act is a huge victory for everyone affected by severe mental illness, but it’s sad that it took a court case to force the DWP to take action”.
DPAC wants to congratulate the two people that took the case, MHRN and all others that supported this. We hope this is another step towards outlawing these tests and stopping them for the damage they are causing all disabled people as called for by the BMA and the RCN.
We note that the big Disability charities have , as usual, chosen to take the credit for this success and we say again that this success is due to MHRN a small group that chose to do something. It is due to the two people that took the case and the solicitors involved. This case was not initiated by any of the big disability charities-despite them joining in later to save face.
The charities sat back and did nothing, but they are fast to take the credit for something that they didn’t even contribute too. We hope that the success of the MHRN actions leads to an end to this inhuman process for all and we congratulate them for their tenacity and their actions in getting someone done- to the charities we say: we know the difference between the real heroes and those that try to bask in reflected glory-if you had made the move that MHRN had or acted more vigorously we might applaud you, as it is we are, once more unimpressed by your actions.