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The Department for Work and Pensions (DWP) is under investigation over allegations that its treatment of disability benefit claimants may be in breach of equality laws.
The UK Equalities Regulator has launched an investigation into the department’s handling of Personal Independence Payment (PIP), Employment and Support Allowance (ESA) and Universal Credit claims procedures.
The Equality and Human Rights Commission (EHRC) said it was “deeply concerned” about the DWP’s behaviour towards some disability claimants.
Work and Pensions Secretary Mel Stride and some of her predecessors are suspected of breaching the Equality Act 2010 when they were in charge of the department, the EHRC said.
come later I We spoke to several former PIP benefits assessors, who described a “horrifying” target-driven process for determining eligibility for support.
Whistleblowers who worked for companies commissioned by the DWP to assess claims said intense pressure to meet daily targets for a certain number of reports affected the quality of the assessments.
One former PIP assessor said he was told to question disabled people “so they can disprove it later”. Another assessor said the process “sets people up for failure.”
The Equality Regulator has issued an order to the DWP after an all-party group of MPs recommended in 2021 that the agency investigate deaths of vulnerable claimants from suicide or other causes between 2008 and 2020. An investigation has begun.
The regulator had initially planned to address the concerns by entering into a legally binding agreement with the DWP, but instead decided to go ahead with a formal investigation.
It is now seeking information and evidence from disability charities and whistleblowers who have worked for the DWP or private contractors.
The watchdog will examine whether the DWP failed to make reasonable adjustments for disabled people with learning disabilities and long-term mental health conditions during the determination of health assessments as part of the application process. We are particularly investigating.
The health assessment decision will determine whether a consultation or medical examination is required as part of a person’s health assessment, and what form it should take.
Disability charities say many vulnerable people find face-to-face assessments difficult and stressful and have repeatedly called for applicants to be given more options. DWP said the use of telephone interviews and paper-based assessments had increased in recent years.
The EHRC is also investigating whether DWP failed to consider equality and prevent discrimination in its day-to-day operations, as required as part of the Public Sector Equality Duty (PSED).
Baroness Kishwar Faulkner, Chair of the EHRC, said: We suspect that the Secretary of State’s department may have breached the Equality Act.
“We decided that we needed to take the strongest possible action and launched this investigation.”
Baroness Kishwar Faulkner said access to key benefits such as PIP, ESA and Universal Credit “must be fair” and must meet the requirements of the Equality Act 2010.
She further added: “Our investigation, alongside the PSED assessment we are carrying out, will reveal whether the DWP and the Secretary of State have breached the Equality Act. If they have, we will seek to bring our own legal powers into play. will be used to hold them accountable.”
If the DWP is found to be breaking the law, the ECHR can ask the department to draw up an action plan setting out how it will address the problem.
This regulator can monitor progress in compliance with the law. The action plan is legally enforceable in court, and failure by departments and other entities to comply may result in criminal penalties, including potentially unlimited fines.
A DWP spokesperson said: “DWP is committed to providing a compassionate service to all our customers. Benefits assessments are made by qualified medical professionals and reasonable adjustments are made to protect vulnerable beneficiaries. It is done.”
“We take our obligations under the Equality Act very seriously, including the public sector equality obligation, and we will continue to work with the government.” [EHRC] commission. “