DWP and reasonable adjustments
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DWP and reasonable adjustments
https://www.rightsnet.org.uk/forums/viewthread/14163/
https://www.bailii.org/ew/cases/EWHC/Admin/2019/395.html
Outcome
The approach of the DWP to the Claimant, and to many other disabled benefit claimants, failed over a period of years to comply with its statutory obligations under the Equality Act 2010 (and, before that, the Disability Discrimination Act 1995). Those with disabilities that meant that they had difficulty communicating by post were, in many instances, unable to secure a satisfactory means of communication with the DWP. This in turn meant that some went without benefits that were essential to them. At the time this claim was filed the DWP had still not complied with its statutory duties in respect of the Claimant.
It is understandable that the Claimant should continue to be sceptical about the DWP's commitment to ensuring compliance with its statutory duties. His scepticism may prove to be well-founded. As matters stand, however, the DWP has offered the Claimant a system of communication that (subject to effective implementation) amounts to a reasonable adjustment and complies with its PSED. It follows that the claim for judicial review falls to be dismissed.
https://www.bailii.org/ew/cases/EWHC/Admin/2019/395.html
Outcome
The approach of the DWP to the Claimant, and to many other disabled benefit claimants, failed over a period of years to comply with its statutory obligations under the Equality Act 2010 (and, before that, the Disability Discrimination Act 1995). Those with disabilities that meant that they had difficulty communicating by post were, in many instances, unable to secure a satisfactory means of communication with the DWP. This in turn meant that some went without benefits that were essential to them. At the time this claim was filed the DWP had still not complied with its statutory duties in respect of the Claimant.
It is understandable that the Claimant should continue to be sceptical about the DWP's commitment to ensuring compliance with its statutory duties. His scepticism may prove to be well-founded. As matters stand, however, the DWP has offered the Claimant a system of communication that (subject to effective implementation) amounts to a reasonable adjustment and complies with its PSED. It follows that the claim for judicial review falls to be dismissed.
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