• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Advice/Information
  • About DNS
  • Subscribe to DNS
  • Advertise with DNS
  • Support DNS
  • Contact DNS

Disability News Service

the country's only news agency specialising in disability issues

  • Home
  • Independent Living
    • Arts, Culture and Sport
    • Crime
    • Education
    • Employment
    • Housing
    • Transport
  • Activism & Campaigning
  • Benefits & Poverty
  • Politics
  • Human Rights
You are here: Home / Benefits and Poverty / Two government departments ‘are breaking the law over PIP recording failure’
Ministry of Justice sign on the wall of a dirty grey building, overlooked by windows

Two government departments ‘are breaking the law over PIP recording failure’

By John Pring on 6th June 2019 Category: Benefits and Poverty

Listen

Two government departments are breaching equality laws and their human rights obligations by failing to ensure that disabled people can record their face-to-face benefit assessments and appeal tribunals, legal researchers have concluded.

They say the delay by the Department for Work and Pensions (DWP) in ensuring that all disabled people can record their assessments for personal independence payment (PIP) is causing them “significant and predictable harm”.

And they say the failure of the Ministry of Justice (MoJ) to ensure that all PIP appeal tribunals can be recorded is also causing “significant and predictable harm” to disabled people.

MoJ’s failure to assess or even acknowledge the harm caused by the absence of recording equipment at many tribunal venues means its actions are unlawful, say researchers from the International Disability Law Clinic (IDLC) at the University of Leeds.

They say both DWP and MoJ are breaching the Equality Act, the UN Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights.

And they say the government’s policies are unjustified and have an “adverse impact” on disabled people.

An IDLC report says there is “widespread and well-documented evidence of dissatisfaction” with the PIP assessment process.

It points out that many disabled claimants cannot take their own notes at their assessments or appeal tribunals and so – unless the government takes steps to compensate for this – their right to justice is “undermined”.

IDLC’s research has been carried out by undergraduate and postgraduate researchers working with members of the academic team at the university’s School of Law.

PIP assessments can be recorded, but only at the claimant’s expense, using expensive equipment capable of making two identical copies on audio cassette or CD, while the claimant must also sign an agreement about how the recording will be used.

DWP agreed last year to pilot video-recording of PIP assessments, but the report says that, despite this pledge, “the recording of each PIP assessment is still not part of the process”.

The report, For The Record, adds: “The current regime is clearly inappropriate and ineffective: requiring disabled persons to fund their own equipment is impractical and unaffordable for many claimants.”

And it says its researchers have been “unable to identify any evidence that the [DWP and MoJ have] sought to assess the impact of these policies”.

Earlier this year, the law clinic published research based on freedom of information responses that showed that of 161 social security tribunal venues in England, Wales and Scotland, only 91 had recording equipment. 

The cost of installing recording equipment in a single tribunal venue is about £1,000 and the annual maintenance cost is about £15, says the report.

Daniel Burden, head of public affairs for the Spinal Injuries Association, said: “With so many appeals against eligibility decisions for PIP, the ability to record assessments is essential for those people who cannot keep their own accurate notes.

“The fact that the two departments concerned in this research have either delayed honouring their commitments or failed to acknowledge the harm that they are causing demonstrates the lack of seriousness with which they are addressing the issue.

“Government ministries must face up to both their domestic and international legal obligations to meet the needs of disabled people.”

In response to the report, a DWP spokesperson said: “We take fulfilling our legal obligations seriously and do not consider the current process is unlawful.

“Claimants are already able to audio record their assessment if they want to and, as part of our commitment to improving trust in the assessment process, we are undertaking a video recording trial.

“There has not been a delay to the video recording trial. We will announce the next steps in due course.”

An HM Courts and Tribunals Service (HMCTS) spokesperson said: “We already ask disabled users to tell us if they have any particular requirements for the hearing and will consider any request for a reasonable adjustment so that they can participate.

“We are looking at increasing the number of tribunals with recording facilities as part of our wider £1 billion reform programme.”

Another HMCTS spokesperson said that “each request for reasonable adjustments will be dealt with individually as is appropriate so we cannot give a blanket answer for what will happen that covers all scenarios”.

But he refused to say why so few tribunal centres had the capacity to record hearings, including none in London; and why no equality impact assessment appears to have been carried out on the failure to provide this equipment.

He also refused to say if HMCTS accepted that it had discriminated against disabled people under the Equality Act and breached the UN disability convention and the European Convention on Human Rights.

A note from the editor:

Please consider making a voluntary financial contribution to support the work of DNS and allow it to continue producing independent, carefully-researched news stories that focus on the lives and rights of disabled people and their user-led organisations.

Please do not contribute if you cannot afford to do so, and please note that DNS is not a charity. It is run and owned by disabled journalist John Pring and has been from its launch in April 2009.

Thank you for anything you can do to support the work of DNS…

Share this post:

Share on X (Twitter)Share on FacebookShare on WhatsAppShare on RedditShare on LinkedIn

Tags: DWP HMCTS IDLC Ministry of Justice personal independence payment PIP University of Leeds

Image of front cover of The Department, showing a crinkled memo with the words ‘Restricted - Policy. The Department. How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence. John Pring.’ Next to the image is a red box with the following words in white: ‘A very interesting book... a very important contribution to this whole debate’ - Sir Stephen Timms, minister for social security and disability. plutobooks.com and the Pluto Press logo.

Related

DWP silent after Tory member of PIP review publishes report demanding child disability benefits are slashed
8th October 2026
Timms refuses four times to rule out cuts to PIP, but makes firm promise on cash payments
1st October 2026
No decision from Timms on releasing secret reports on deaths, a year after speaking to DWP civil servants
1st October 2026

Primary Sidebar

On the left of the image are multiple heads of different colours - white, aqua, red, light brown, and dark green - all grouped together, then the words ‘Join our campaign for a decent life for Disabled people. Campaign for Disability Justice’
Image of front cover of The Department, showing a crinkled memo with the words 'Restricted - Policy. The Department. How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence. John Pring.' Next to the image is a red box with the following words in white: 'A very interesting book... a very important contribution to this whole debate' - Sir Stephen Timms, minister for social security and disability. plutobooks.com and the Pluto Press logo.

Access

Latest Stories

Whately appears to agree social security spending is not spiralling after all… as Tories plan £36 billion-a-year cuts

Shadow minister says parents don’t ‘game’ SEND system… but Kemi says disabled adults do ‘game’ the benefits system

Level boarding pledge in government strategy is welcomed, but railways bill amendments are still vital

DWP silent after Tory member of PIP review publishes report demanding child disability benefits are slashed

Access failures at Tory conference leave wheelchair-user suspended in mid-air for more than an hour

Ministers’ decision to slash accessible housing targets was ‘unprincipled’, but Timms says they were right

Greens sideline disabled people at annual conference

National accessibility standards are crucial for addressing transport barriers, Tories hear at conference

Tories discriminate against disabled editor by blocking DNS from receiving key information at conference

Free social care is coming… but only if you’re over 65, government confirms after Burnham speech

Readspeaker
Image of front cover of The Department, showing a crinkled memo with the words 'Restricted - Policy. The Department. How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence. John Pring.' Next to the image is a red box with the following words in white: 'A very interesting book... a very important contribution to this whole debate' - Sir Stephen Timms, minister for social security and disability. plutobooks.com and the Pluto Press logo.

Footer

The International Standard Serial Number for Disability News Service is: ISSN 2398-8924

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Bluesky
  • Facebook
  • Instagram
  • LinkedIn
  • Threads
  • Twitter

Copyright © 2026 Disability News Service

Site development by A Bright Clear Web