Watchdog confirms DWP probe will not take evidence from individual claimants or relatives of those who died

An investigation into unlawful treatment of disabled benefit claimants will not accept evidence from individual disabled people or relatives of those who died through failings of the Department for Work and Pensions (DWP), the equality watchdog has confirmed.

The Equality and Human Rights Commission (EHRC) was criticised last week when it emerged that its investigation into possible “unlawful acts” by successive work and pensions secretaries would not take evidence from members of the public.

It confirmed this week that it would not seek evidence from individuals because it did not consider this to be “proportionate”.

Instead, disabled people who claim benefits, and relatives of claimants who have died, will be expected to contact a “relevant organisation or representative such as an MP to provide their story”.

Disability News Service (DNS) has already seen one response from EHRC to the relative of a claimant who took their own life due to DWP failings.

The relative attempted to provide evidence to the commission, but has been told by EHRC that it is “not taking information or evidence from individual members of the public, other than employees or former employees of the DWP or their contracted health assessors”.

An EHRC spokesperson told Disability News Service yesterday (Wednesday): “Inviting evidence through third party organisations who represent disabled people is a proportionate way to gather the evidence necessary for the investigation, ensures that we are receiving the most relevant submissions and enables the investigation to conclude within a reasonable time.”

But the commission has confirmed that it will receive evidence from disabled people’s organisations (DPOs).

The inquiry’s terms of reference stated that it wanted to hear from “charities, third sector and advocacy organisations” and some disabled activists questioned whether this could exclude their evidence.

But after being contacted by DNS, an EHRC spokesperson said: “Disabled people’s organisations are welcome to submit evidence to the investigation.

“The list on our website is intended as a guide, but we will update it to make it clear that disabled people’s organisations are included.

“We have already invited a number of disabled people’s organisations, alongside other stakeholders, to attend a session on 4 June so that we can provide more information about our investigation and assessment.”

EHRC has also suggested that it could take evidence relating to some deaths of claimants who died before January 2021.

There were concerns that the inquiry was only focused on events from January 2021 onwards.

The focus on the last three-and-a-half years could have meant the investigation did not consider evidence relating to some of the most high-profile and disturbing deaths linked to DWP’s failures, such as those of Philippa Day (September 2019), Jodey Whiting (February 2017), Michael O’Sullivan (September 2013), Roy Curtis (November 2018) and Errol Graham (spring 2018).

And it could also have meant a focus on the actions of just three work and pensions secretaries: Therese Coffey, Chloe Smith (who was in post for less than two months in 2022) and Mel Stride, who current occupies the position.

But when asked this week about the earlier cases, the spokesperson pointed to the inquiry’s terms of reference, which state that the investigation will look at earlier periods “if relevant, necessary and proportionate”.

He said: “This allows investigators to consider evidence from earlier than 2021 if appropriate and relevant.”

The EHRC investigation will examine concerns that successive secretaries of state may have broken the Equality Act in the way their department has carried out benefit assessments.

It will particularly examine the work capability assessment (WCA) and the assessment for personal independence payment (PIP), and it will include the impact of the WCA on universal credit claimants.

It will focus on failures to make reasonable adjustments for people with mental distress and learning difficulties.

The commission will also be assessing whether DWP breached its obligations under the Equality Act’s public sector equality duty.

DWP could face a potentially unlimited fine if the allegations are found proven, and be required to produce an action plan to correct its failings.

Calls for EHRC to act date back as far as April 2019, when Labour’s Debbie Abrahams wrote to the commission to ask it to investigate deaths linked to the WCA and PIP assessment processes.

*The Department, DNS editor John Pring’s book on DWP and how its actions led to countless deaths of disabled people in the post-2010 era, will be published by Pluto Press in August. Visit the DNS website for a 50 per cent discount 

Picture: The government office block where EHRC has its London headquarters. Picture by Google

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