• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • 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 / Human Rights / Sister launches judicial review claim in bid for sanctions death inquest
David Clapson head and shoulders

Sister launches judicial review claim in bid for sanctions death inquest

By John Pring on 16th February 2017 Category: Human Rights

Listen

The sister of a disabled man who died after being left destitute by having his benefits sanctioned has launched a high court legal challenge over a coroner’s refusal to hold an inquest into his death.

David Clapson (pictured), who had diabetes, died in July 2013 as a result of an acute lack of insulin, three weeks after having his jobseeker’s allowance sanctioned.

Because he had no money, he couldn’t afford to pay for electricity that would have kept the fridge where he kept his insulin working, in the height of summer, and he had also run out of food.

An autopsy held after his death found his stomach was empty, and the only food left in his flat in Stevenage was six tea bags, a tin of soup and an out-of-date can of sardines. He had just £3.44 left in his bank account.

But despite the circumstances of his death, and clear links with the sanctions system, no inquest was ever held, even though DWP admitted that it knew he was insulin-dependent.

Now Clapson’s sister, Gill Thompson, has issued a judicial review and human rights claim in the high court, challenging the refusal of the senior coroner for Hertfordshire to hold an inquest into her brother’s death.

Thompson has been campaigning for an inquest to be held in a bid to secure answers and change the sanctions system she believes led to her brother’s death.

She has set up a crowdfunding account to pay for her legal battle, and needs to raise another £7,000 to reach her target.

Her solicitor, Merry Varney, from human rights lawyers Leigh Day, is arguing that Clapson died an “unnatural death” because of the benefit sanction imposed on him shortly before he died.

Last year, Varney wrote to the Hertfordshire senior coroner, Geoffrey Sullivan, to ask him to overturn the decision not to hold an inquest.

But he refused to order an inquest, and said that “the evidence does not support either a direct or contributory causal link between the imposition of the benefit sanction and Mr Clapson’s death”, while there was “no evidence as to whether the benefit sanction was imposed properly or not”.

Varney said: “A DWP-imposed benefit sanction left David with no income, unable to afford food or electricity, circumstances which diabetes experts agree could easily render his condition fatal.

“The law requires a coroner to hold an inquest into certain deaths and we believe the circumstances of David’s death clearly trigger this duty.

“Our client, who has campaigned since her brother’s death, is asking the high court to quash the coroner’s refusal so that a full, fair and fearless inquest can take place, and so that issues of significant wider public importance concerning benefit sanctions and vulnerable people are properly considered.”

Thompson added: “The thing that continues to haunt me is that the DWP knew David was an insulin dependent diabetic, yet they stated: ‘…we followed procedures and no errors were made.’

“Diabetes is a serious condition, which in cases such as David’s requires both food and insulin to stay healthy.

“I feel that the sanction resulting in my brother being left destitute and having no money to chill his insulin or to buy food, ultimately led to his untimely death.

“Going to court is an option of last resort but I feel compelled to use every effort to ensure that the impact of the DWP imposed benefit sanction on David’s death is properly and independently investigated.

“I believe the DWP continue to impose sanctions on diabetic benefit claimants and not only for my brother’s sake, but also for others at risk, I hope the high court grants me permission to challenge the coroner’s decision.”

Share this post:

Share on TwitterShare on FacebookShare on WhatsAppShare on Reddit

Tags: David Clapson diabetes Gill Thompson Leigh Day sanctions

Related

Court orders second Jodey Whiting inquest to probe consequences of DWP’s actions
23rd March 2023
DWP white paper offers mix of ‘human catastrophe’ and overdue reforms
16th March 2023
Coffey scrapped plan for independent review of sanctions, DWP admits
26th January 2023

Primary Sidebar

Chichester Festival Theatre, Everyone’s Welcome

Access

Latest Stories

Watchdog investigates possible failures at mental health hospital after 24 alleged rapes

DWP minister asked to predict how many will die due to stricter sanctions regime

Watchdog gives Treasury go-ahead to keep budget equality impact secret

Government’s new access adviser questions release of discrimination evidence

Six disability campaigners tell MPs: Government’s benefit reforms are not fit for purpose

Disabled Tory peer tells MPs: DWP is ‘stuck in a time warp’

Watchdog warns DWP over repeated failure on freedom of information laws

Frustration over review’s failure to call Met police ‘institutionally disablist’

Disabled activists raise concerns over MPs’ assisted suicide inquiry

Disability discrimination in Met police is ‘baked into the system’, says report

Advice and Information

Readspeaker

Footer

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

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Facebook
  • Twitter

Copyright © 2023 Disability News Service

Site development by A Bright Clear Web