A similar ruling was made earlier this year in respect of two people with autism and the unfair expectation that they be responsible for gathering their own evidence. Hopefully the DWP will stop now?
A judicial review has ruled that the test used to decide whether people are fit for work actively discriminates against the mentally ill.
The tribunal concentrated on the issue of supporting evidence, and found that – under the current system – no matter how ill or even delusional a person may be, they are responsible for gathering their own medical evidence and sending it in. Otherwise, the material will not be considered. For someone with a severe mental illness, this may prove impossible.
Paperwork documenting a patient’s history of mental illness may be ignored and their ability to work will be judged using evidence from a 15-minute interview with a stranger who probably has no mental health training and no idea what the experts have to say.
Reporting the victory, the Black Triangle Campaign wrote: “The judgment that the DWP is in breach of the Equality Act is…
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