Fitness to work test DOES disadvantage mentally ill: Court of Appeal upholds ruling against Government

Hundreds of thousands of people with learning difficulties, mental health problems and autism have to go through the Work Capability Assesment to find out if they are eligible for Employment Support Allowance

Social Affairs Correspondent

The Court of Appeal has upheld a ruling that the Government's controversial fitness to work test does disadvantage people with mental health problems.

An Upper Tribunal decided in May that the test used by the Department for Work and Pensions to decide who receives disability benefits disadvantaged people whose conditions affected their ability to gather evidence about their case. The decision was immediately appealed by DWP.

Hundreds of thousands of people with learning difficulties, mental health problems and autism have to go through the Work Capability Assesment to find out if they are eligible for Employment Support Allowance.

The case was originally brought by two anonymous claimants with mental health problems. Their lawyers argue that their conditions make the necessary gathering evidence from GPs or social workers more challenging, as they may not understand or be able to navigate the complex processes involved.

The Court of Appeal decision means a judicial review can now be brought against the policy, unless DWP take the matter to the Supreme Court.

In a joint statement Rethink Mental Illness, Mind and the National Autistic Society, the charities which brought the case, said: “Today’s ruling is a victory for welfare campaigners and marks an important step in our fight for a fairer benefits system.

“The judges in the original ruling independently confirmed what our members and supporters have been saying for years – the system is unfair for some of the most vulnerable people in our society and is failing the very people it is meant to be supporting.

They added: “In light of today’s ruling it would be irresponsible for the DWP to carry on using these flawed assessments as they are. They must halt the mass reassessment of people receiving incapacity benefit immediately, until the process is fixed.“

A DWP spokesman said: “It is a complicated judgment on an appeal against an interim judgment by the Upper Tribunal with no effect on day-to-day business which continues as usual.

“This case is still on-going and will return to the Upper Tribunal to consider whether the adjustment to the process proposed by the claimants is reasonable.”

The department also pointed out that Mental Health Function Champions have been introduced by Atos Healthcare, the controversial company conducting the tests, whose role is to advise assessment staff on how to deal with a case involving mental function or learning disability.

News
John Travolta is a qualified airline captain and employed the pilot with his company, Alto
people'That was the lowest I’d ever felt'
Life and Style
healthIt isn’t greasy. It doesn’t smell. And moreover, it costs nothing
News
i100

Other places that have held independence referendums
Arts and Entertainment
Jack Huston is the new Ben-Hur
film

It scooped up an unprecedented 11 Academy Awards when it was first remade in 1959

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn unforgettable anthology of contemporary reportage
Arts and Entertainment
Pharrell dismissed the controversy surrounding
musicThe singer said 'the last thing I want to do is degrade'
News
news

Arts and Entertainment
Blossoming love: Colin Firth as Stanley and Emma Stone as Sophie, in 'Magic in the Moonlight'
film

Actors star in Woody Allen's 'Magic in the Moonlight'

News
A male driver reverses his Vauxhall Astra from a tow truck
newsThe 'extremely dangerous' attempt to avoid being impounded has been heavily criticised
News
peopleThe Times of India said actress should treat it as a 'compliment'
Arts and Entertainment
Maxine Peake plays Hamlet at Manchester's Royal Exchange
theatreReview: Maxine Peake brings emotional ferocity to Shakespeare's starring part
News
news

Watch this commuter wage a one-man war against the Circle Line
Property
Home body: Badger stays safe indoors
lifeShould we feel guilty about keeping cats inside?
Life and Style
fashion

Olympic diver has made his modelling debut for Adidas

Travel
travel

...and the perfect time to visit them

Sport
Jonas Gutierrez (r) competes with Yaya Toure (l)
football

Newcastle winger reveals he has testicular cancer - and is losing his trademark long hair as a result

Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

SEN Teaching Assistant Runcorn

£50 per day: Randstad Education Cheshire: SEN Teaching Assistant EBD , Septemb...

Head of Marketing - London

£60000 - £85000 per annum: Ashdown Group: Interim Head of Marketing / Marketin...

Primary supply teachers needed in Downham Market

£21000 - £35000 per annum: Randstad Education Cambridge: Primary teachers requ...

SEN Teacher

Negotiable: Randstad Education Birmingham: SEN Teacher required with immediate...

Day In a Page

Mystery of the Ground Zero wedding photo

A shot in the dark

Mystery of the wedding photo from Ground Zero
His life, the universe and everything

His life, the universe and everything

New biography sheds light on comic genius of Douglas Adams
Save us from small screen superheroes

Save us from small screen superheroes

Shows like Agents of S.H.I.E.L.D are little more than marketing tools
Reach for the skies

Reach for the skies

From pools to football pitches, rooftop living is looking up
These are the 12 best hotel spas in the UK

12 best hotel spas in the UK

Some hotels go all out on facilities; others stand out for the sheer quality of treatments
These Iranian-controlled Shia militias used to specialise in killing American soldiers. Now they are fighting Isis, backed up by US airstrikes

Widespread fear of Isis is producing strange bedfellows

Iranian-controlled Shia militias that used to kill American soldiers are now fighting Isis, helped by US airstrikes
Topshop goes part Athena poster, part last spring Prada

Topshop goes part Athena poster, part last spring Prada

Shoppers don't come to Topshop for the unique
How to make a Lego masterpiece

How to make a Lego masterpiece

Toy breaks out of the nursery and heads for the gallery
Meet the ‘Endies’ – city dwellers who are too poor to have fun

Meet the ‘Endies’ – city dwellers who are too poor to have fun

Urbanites are cursed with an acronym pointing to Employed but No Disposable Income or Savings
Paisley’s decision to make peace with IRA enemies might remind the Arabs of Sadat

Ian Paisley’s decision to make peace with his IRA enemies

His Save Ulster from Sodomy campaign would surely have been supported by many a Sunni imam
'She was a singer, a superstar, an addict, but to me, her mother, she is simply Amy'

'She was a singer, a superstar, an addict, but to me, her mother, she is simply Amy'

Exclusive extract from Janis Winehouse's poignant new memoir
Is this the role to win Cumberbatch an Oscar?

Is this the role to win Cumberbatch an Oscar?

The Imitation Game, film review
England and Roy Hodgson take a joint step towards redemption in Basel

England and Hodgson take a joint step towards redemption

Welbeck double puts England on the road to Euro 2016
Relatives fight over Vivian Maier’s rare photos

Relatives fight over Vivian Maier’s rare photos

Pictures removed from public view as courts decide ownership
‘Fashion has to be fun. It’s a big business, not a cure for cancer’

‘Fashion has to be fun. It’s a big business, not a cure for cancer’

Donatella Versace at New York Fashion Week