Iain Duncan Smith In The Dock Again Over Unlawful Atos Assessments

MHRNThe DWP are back in court next week for the closing part of a successful challenge to the despised Work Capability Assessment (WCA).

This is the test run by Atos which is used to find people ‘fit for work’ and stop their sickness or disability benefits.  It is mired in chaos with a huge backlog of appeals and an ever growing number of tragic deaths linked to the process.  Even Atos themselves are pulling out of the assessments after fierce campaigning saw their carefully managed corporate identity demolished due to their involvement in the cruel and bungled system.

The WCA has also had its share of legal problems after a Judicial Review last year ruled the assessments are unlawful under the Equalities Act for those with a mental health condition.   Rather than accept this defeat and improve or scrap the tests for this group of claimants – or better still everybody -  Iain Duncan Smith appealed this decision and lost.  During the time this took many people will have seen their mental health worsen, been admitted to hospital or even taken their own life due to being forced to undergo assessments which are not suitable for their condition.

Next week’s court case will largely be about what amendments can be made to make the WCA legal.  As Mental Health Resistance Network (MHRN) explain:

“Under the Equalities Act of 2010, the Secretary of State for Work and Pensions is required to make “reasonable adjustments” to mitigate any disadvantages experienced by disabled people. The forthcoming hearing will be concerned with establishing what adjustments the DWP should make to the WCA process. We already know from the original hearing that they plan to run a pilot study to assess the “reasonableness” of obtaining further medical evidence. We want to ensure that any study will be fair, honest and approached with an open mind. Unfortunately we find it hard to trust that this will happen.”

A vigil called by MHRN and supported by Disabled People Against Cuts (DPAC) will be held outside the court next week on Tuesday, 8th July 2014 at 12 noon to 2 pm.  Head to the Royal Court of Justice, Strand, London WC2A 2LL.  Full details at: http://dpac.uk.net/2014/07/vigil-for-the-wca-judicial-review-tues-8th-july/

MHRN say they have been too cautious about publicising this important victory.  Sometime people have been working so hard for so long that they don’t even see when or what they’ve won.  But the Work Capability Assessment – introduced by Labour and which looked unbreakable at the time the current government weren’t elected – is beginning to look broken.  That didn’t happen by accident.  It happened because disabled people and benefit claimants have fought these vicious assessments in the courts, on the internet and in the streets.

The real opposition to this Government has not been the Labour Party, the unions , charities or even the growing range of celebrity left-wimgers.  It has been people who are disabled, sick, carers or people on their own with kids to look after.  People dealing with shit housing, homelessness, low or no wages, the bedroom tax, workfare, benefit sanctions and most of all poverty.  The people that liberal do-gooders call vulnerable and the Tory press calls benefit scum.  Yet we keep winning and those victories should be shouted from the rooftops.  As MHRN say:

“We believe that it is vital that people do know about this victory. After all, outrageous lies about disabled benefit claimants have been shouted from the rooftops in much of the national press. Yet where have the front page headlines about this victory been? Nowhere! We now want to rectify this by making as much noise as possible about the truth: that the WCA does not fairly assess people with mental health problems and there has been terrible suffering as a result.”

Please blogs, tweet,share and spread the word about the MHRN/DPAC vigil, and about the court case.

Don’t forget this Friday’s Independence Day Party outside the DWP and around the UK called by DPAC.

Follow me on twitter @johnnyvoid

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30 responses to “Iain Duncan Smith In The Dock Again Over Unlawful Atos Assessments

  1. About time dysabled people realised that most all of these self serving inhumane Parliamentarians : do not care a jot for the living standards & care for severely dysabled citizens.
    The sooner Dysabled people realise this as a fact & created their own Political Party including their official carers it would become the largest political party in the UK. If you also Include the dysabled elderly then I fail to see how it could not succeed.
    I am informed that 3% of the population are born with a dysability ; whilst 97% of us are inflicted with their dysabilities through injury, accident a hereditary gene or poor working practice. One of my conditions is genetic that normally occurs after in men 40-50 yrs of age.

    • Dignity for Disability or Dignity 4 Disability or D4D (known as Dignity for Disabled until 2010) is a political party in the Australian state of South Australia.

      • Quiet impressed by D4D’s achievements by less than a dozen disabled activist this year. Their now waiting for a get a new bill through on disabled people being allowed access to vote in2014. Not a bad achievement in 4 years from nowhere !

  2. The real opposition to this Government has not been the Labour Party, the unions , charities or even the growing range of celebrity left-wimgers. It has been people who are disabled, sick, carers or people on their own with kids to look after. People dealing with shit housing, homelessness, low or no wages, the bedroom tax, workfare, benefit sanctions and most of all poverty. The people that liberal do-gooders call vulnerable and the Tory press calls benefit scum. Yet we keep winning and those victories should be shouted from the rooftops.

    That is worth repeating for the historical record.

    • voidseeker
      i agree…quite some notion of our culture when we have to DIY, coz those that ought to help, abandoned us in the vile way that they have….

      • whats been seen at the demonstration at the abbey is nothing less then a police state.the seen trying to handcuff a woman struggling near those spike railings is heavy handed and stupid.

        Its supposed to be a democracy,its a long way short of being that.there’s no doubt that plastic bullets and water cannon would be used without any hesitation or more to prop up this perverse ideal.

    • Agreed.

      I knew a well-off, middle-class liberal do-gooder once – voting Labour every five years makes him feel good about himself; he thinks Labour – by the simple fact that they aren’t called the Conservatives, have non-tory policies.
      Voting Labour simply keeps the same repressive policies in place, in fact supports the tory agenda because there is no actual opposition to it.

  3. Leon Brittan.

  4. I suppose I shall now have to go to another place to hear what Leon Brittan had to say !

  5. Pingback: Iain Duncan Smith In The Dock Again Over Unlawf...

  6. We’d rather show footage of young children and dogs supposedly running off while we do nothing to help in Benefits Britain

  7. Ha ha C U next Tues ;) IDS

  8. I can tell you atos have done me proud sais the man from dwp atos has shown you they were ftw yet you ask about figures ah I sais never worry about those you see I giving them something that’s been missing from their poor lives fear fear to get out there and do some work here at the dwp we are here to help you find that work master of delusions rtu ids

  9. People think -us and them – big mistake. If you live you grow old where infirmities swarm like bees. Anyone can have an accident, everyone can get ill.

    • There’s us with disabilities & chronic illnesses and The Not Yet Disabled. That’s all.

      • Yes. And anyone who goes along with the divide and rule strategy underpinning attacks on the disabled/sick is stupid beyond belief. Actually, I don’t believe most people are that stupid. And the propaganda justifying cuts to disabled services are likely to backfire, providing the situation receives maximum publicity – no thanks to mainstream media.

  10. I had an ATOS assessment last year.The person who carried it out was a retired GP who did not seem to fully understand the surgery I had had a few months earlier. OK it was leading edge and carried out at a teaching hospital but this guy was “off the ball”. Anybody with more brain cells than an amobea could see that over half the people waiting were unfit for work but apparently ATOS know better than the people’s own GPs and consultants!

    • My WCA was done by a nurse whose professional speciality was prescribing medicines. I have mental health issues and they could have designated a mental health specialist, but they didn’t bother. I had to appeal after she COMPLETELY ignored what I wrote on the form and said in the assessment. I won.

  11. Theresa Maleady

    Iain Duncan Smith must be put on trial over the unlawful WCA alongside ATOS. Then he must be sacked with immediate effect why must us disabled people have put up with this hatred from this government? It is wrong

  12. Just a quick thought – it suddenly struck me strongly how amazing it is that Atos took that massive hit to their corporate credibility – it just shows how fucked up, vindictive and mismanaged the ESA system, the DWP and Atos are if a powerful corporation like Atos (which can buy the best legal teams and PR) fails miserably to protect its image and has to run away from their contract.

    • dave they been well rewarded with more contracts one is health records another the recods of prisoners there are other but forgot sorry but atos hasn’t gone anywere with their pay masters just took the flak like good servants but sadly billions are envolved with this lot oh another pip they got to but have farmed it out to a nhs company don’t ask they now do the pip assessment then send their reports back to atos but one wonders are atossers ther already seeing their cash cow keeps their bonuses up jeff3

      • True – the government doesn’t give a toss if Atos are cowboys or not – in fact you start to suspect they prefer to hand out lucrative contracts to the worst companies.
        Cheers.

  13. department for deciept and sanctions

    hope you lose in court you lying bastard sociopath smith…. I’d rather he was being held accountable, for the thousands who have died!!!

  14. If IDS, would at least admit there was faults It’d be a start. If he’d close & replace firms not doing what he pays them to do, it would look a lot fairer to those suffering due to private companies failures, but no, he will not even do that much.
    Not just the well known ATOS failures, but those Work Programme schemes who don’t even attempt to do their jobs, because they know that, not only will they get paid, but the flaws in the legislation means they still get their large bonuses anyway.
    I voted Tory for welfare reforms like many, but in June 2011 I myself am in the jobcentre opening a claim, six month on, and it’s off to the Work Programme for me.
    My timetable there should have looked like this http://ingeusstaff.co.uk/diagram
    However it came out like this (Timeline of my two years on Work Programme as posted on the Daily Mirror’s facebook page) https://www.facebook.com/dailymirror/posts/10152241563449162
    Evidence to back it up is posted below it.
    The Work Programme failed to operate for me from the start to finish, and I end up with a six month sanction of JSA with no hardship payment either. Same for others there too. Yet it was the work programme staff who were absent even though in the building.
    If IDS were to allow his department to bring these people to book (local Jobcentre was telling us all to report everything direct to them, and wanted to get involved), much of our suffering would not of gone on for long, but the DWP at national level stopped it.

  15. GEOFF REYNOLDS

    Ever noticed the ambiguous statements written on ATOS medical reports?

    They are done for one purpose only, to try and give the health care professional enough lateral movement if challenged…………

    To emphasise what i mean,

    “THE EVIDENCE DOES NOT SUGGEST THE CLIENT HAS A CONDITION WHICH MEANS THERE WOULD BE A SUBSTANTIAL RISK TO THE MENTAL OR PHYSICAL HEALTH OF A PERSON IF THEY WERE FOUND CAPABLE OF WORK OR WORK RELATED ACTIVITY”

    another example,

    “FROM THE AVAILABLE EVIDENCE”

    and another,

    THERE ARE NO CONDITIONS REPORTED”

    yet again,

    “I ADVISE THAT A RETURN TO WORK COULD BE CONSIDERED IN…”

    Strangely the evidence is then interpreted by a DWP DECISION MAKER, who has no medical qualifications whatsoever, to be hard fact……….

    THE AMBIGUITY DEFINES THAT NEITHER HAS THE MEDICAL BACKGROUND TO MAKE SUCH AN ASSERTION ON A DISABLED PERSONS FITNESS TO DO ANY KIND OF WORK…………………

    Leave a Reply

  16. GEOFF REYNOLDS

    MY ATOS EXAMINATION WAS DONE BY A PURELY GREEDY HORRIBLE BASTARD NAMED EMMA BRODRICK………………….

    RATHER THAN WRITE THE TRUTH OF WHAT I WAS CAPABLE OF DOING. MY REPORT STATED THAT “CLIENT DECLINED”.
    THIS WAS NOT WRITTEN ONCE, BUT SEVENTY FIVE TIMES………….

    UPON SUBMITTING A FREEDOM OF INFORMATION REQUEST TO THE DWP, IT WAS ASKED, WHY REPORTS CONTAINED THE WORDS, “CLIENT DECLINED.
    THE DWP FREEDOM OF INFORMATION RESPONSE STATES THAT THE LIMA SOFTWARE PROGRAMME USED BY ATOS, CANNOT DIFFERENTIATE BETWEEN CANNOT AND WILL NOT DURING AN EXAMINATION……………….

    THIS IS A BLATANT LIE BY THE DWP AS FURTHER INFORMATION RELEASES BY THE DWP SHOW THE LIST OF SELECTIONS THAT ARE AVAILABLE TO THE OPERATOR ON THE COMPUTER SCREEN.

    ONE OF THE SELECTIONS, THE FIRST ONE, STATES CLEARLY,”CANNOT DO THE OPERATION THAT WAS ASKED OF THEM”

    IN OTHER WORDS, THE OPERATOR, THE HEALTH CARE PROFESSIONAL, (STOP LAUGHING), HAS PURPOSELY BEEN INSTRUCTED TO USE THE AMBIGUOUS WORDING ESPECIALLY TO GIVE THE IMPRESSION TO THE DWP DECISION MAKER, THAT THE CLAIMANT REFUSED TO DO WHAT WAS ASKED OF THEM ON THE DAY OF THE EXAMINATION, RATHER THAN THE TRUTH, THEY COULDN’T………

    MY REPORT STATES THAT I SAT IN A CHAIR, WAS SEEN TO RISE UNAIDED.
    I DID NOTHING OF THE SORT, PREFERRING TO STAND WITH MY STICK.

    MY BACK WAS SAID TO BE EXAMINED, STRANGELY I WAS WEARING A CORSET WITH THREE METAL RODS IN THE BACK………….

    WHEN ASKED TO PICK THINGS UP PROPERLY, I COULD NOT DUE TO PAINS IN MY THUMBS AND SEVERED GUIDERS IN MY LEFT INDEX FINGER.
    THIS WAS REPORTED AS, YOU GUESSED, “CLIENT DECLINED”………

    THE ATOS MEDICAL REPORT IS SUPPOSED TO BE AN OFFICIAL DOCUMENT, YET THE INCONSISTENCIES HIT YOU BETWEEN THE EYES.

    I WAS SEEN TO SIT IN A CHAIR, RISE FROM IT WITHOUT HELP, WALK TO A COUCH, BE EXAMINED, REFUSE TO DO SEVENTY FIVE ACTIONS AND REMARKABLY IT STATES AT THE END OF MY REPORT……….

    “THE CLIENT WAS OBSERVED TO STAND IN THE SAME PLACE, HOLDING ONTO HIS STICK, FOR THE DURATION OF THE EXAMINATION”

    ……………..YOU HAVE, AND ARE, BEING SYSTEMATICALLY ROBBED BY CHARLATANS WHO HAVE GAINED A CERTIFICATE ENDORSED BY THE SECRETARY OF STATE.
    THEY DO NOT HAVE THE CAPABILITY TO ASSESS A CHILDREN’S CHRISTMAS PARTY, LET ALONE A HUMANS PHYSICAL OR MENTAL ABILITIES IN THE WORKFORCE…………………..

    “THEY ARE THE SCUM OF THE EARTH, PARASITES THAT FEED ON SOCIETY’S WEAKEST AND MOST VULNERABLE”

    I HAVE TWO KIDS AND A PARTNER AND HAVE BEEN RECEIVING JUST £32.32P FOR OVER A YEAR, DESPITE BEING ORIGINALLY DIAGNOSED AS DISABLED FOR LIFE…………………..

    IT’S NO WONDER THAN DUNCAN SMITH IS TRYING HIS HARDEST TO HIDE THE MORTALITY RATES FROM PUBLIC VIEW.
    THE TIMES THAT I HAVE THOUGHT OF ENDING MY PERSONAL TORTURE ARE COUNTLESS.

    IT IS A TORTURE THAT NO ORDINARY PERSON COULD EVER REALISE, THESE PEOPLE ARE NOT HUMAN, THEY ARE STATE ASSISTED ASSASSINS………………………..

    MY RESOLVE TO BRING THESE CRIMINALS TO JUSTICE HAS GIVEN ME THE STRENGTH TO FIGHT BACK……….

    THEY ARE NOW MORE AFRAID OF THE CONSEQUENCES OF THEIR ACTIONS THAN YOU WOULD EVER IMAGINE.

    THE NOOSE IS TIGHTENING……………………………………………….

  17. jeffrey davies

    Geoff there are thousands just like you and I who made to walk on water but like you I live in the hope they pay for whot they did but then realise its the new method of culling the cattle but getting them to admit they doing wrong I think we better off talking to that plank of wood has we wouldn’t get nothing but dribble from them but we try jeff3

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