UK Court rules Work Capability Assessments disadvantage people with a mental disability

On 22 May, a panel of three judges of the Upper Tribunal found that the United Kingdom’s Department of Work and Pensions (DWP) has failed to make reasonable adjustments to ensure people with a mental disability could effectively access the sickness benefits system.

The ruling came after two individuals with a mental disability claimed that the Work Capability Assessments were unfair to them. The system is designed to assess whether people are eligible to claim sickness benefits and deals with a high volume of claimants. It requires the claimants to accurately report the way in which their disability affects their fitness to work. Two applicants who launched a judicial review said that the system is unfair to those with a mental disability as they may not be able to understand their condition and adequately describe this disability to others.

The Court agreed with the two claimants and ordered the DWP to take reasonable steps to address the disadvantage. The Court did not specify what these steps should be, but ordered the DWP to carry out an investigation and return to the Court to explain some proposed steps.

Rethink Mental Illness, Mind and the National Autistic Society, three charities who supported the case, have welcomed the judgment. Paul Jenkins of Rethink Mental Illness said, "The judgment 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.”

The Public Law Project (PLP), an independent legal charity, represented the two individuals. Rave Law-Beer of the PLP said, “It is in everyone’s interests that the DWP changes course - if they continue to rush people with mental health disabilities through the process as it stands, more ill people will be wrongly refused support, more ill people will suffer a deterioration in their mental health as they try to navigate the appeal system, and more public money will be wasted.”

The DWP has confirmed that they intend to appeal the decision of the Court.

Click here to read an article from The Guardian. 

Click here to read a press release from the Public Law Project. 

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