Sueing the DWP.

Discussion in 'UK Tax Credits and Benefits' started by Niteawk, Jul 10, 2009.

  1. Niteawk

    Niteawk Guest

    The below press release might be of interest. It seems that if you're brave
    enough and have the right help you can sue the Department of Work and
    Pensions and win!

    I like this bit "Angela Sharrock is registered blind. In 2006, the DWP
    received an anonymous complaint about her and spent several months
    investigating her, both with secret surveillance and with taped interviews."
    ____________
    DWP discriminates against blind woman

    A Sheffield woman has won her case for disability discrimination against the
    Department for Work and Pensions. Sheffield County Court awarded £2,500
    after the ruling.

    Angela Sharrock is registered blind. In 2006, the DWP received an anonymous
    complaint about her and spent several months investigating her, both with
    secret surveillance and with taped interviews. Her income support
    entitlement was stopped in February 2007. With advice and representation
    from Manor Rights and Advice Service in Sheffield, she took her case to an
    independent appeal tribunal, which ruled against the DWP.

    However, the DWP repeatedly failed to put its letters and legal documents
    into an accessible format that she could read, despite admissions at
    Sheffield county court that it was able to do so. This was in breach of the
    duty under the Disability Discrimination Act 1995 to make reasonable
    adjustments to its usual services by providing an auxiliary service.

    At Sheffield County Court, District Judge Mort said that other members of
    the public "would get letters and would be able to read those letters and
    act on them and decide whether or not they needed advice." Relying on the
    statutory Code of Practice, he said that, "the aim of the duty to make
    reasonable adjustments is to provide access as close as possible to the way
    in which access is normally offered to the public at large."

    He found that the DWP's failure to comply with its own practices caused Miss
    Sharrock inconvenience, effort, discomfort, anxiety and loss of dignity.
    However, he found that her upset was "partially due" to the DWP's treatment
    of her in the taped interviews. As these occurred before the relevant
    sections of the law came into force on 4th December 2006, he could not take
    them into account in awarding compensation.

    After the hearing, Angela Sharrock said,

    "I have always been as independent as I can. I feel ashamed when I have to
    ask for help. Doing something simple like putting my letters in a large
    print size would make it much easier for me to keep my independence."

    Douglas Johnson, who represented Miss Sharrock, said:

    "The court was limited to the complaint only about the DWP's correspondence.
    However, Miss Sharrock had earlier complaints about the handling of the
    anonymous complaint about her. She found the investigator to be abusive and
    to have made inappropriate comments about her disability. These matters were
    not taken to court because the relevant legal provision came into force on
    4th December 2006, which was after the investigation had taken place. The
    DWP will have to ensure it complies with these provisions of the DDA in
    future."

    Referring to the fact that the DWP is the Government Department responsible
    for the Disability Discrimination Act, Christopher Cole, Chair of Sheffield
    Law Centre, said,

    "It is astonishing that the government department responsible for
    introducing the DDA should fail so comprehensively to apply the DDA.
    Providing access to people with disabilities takes many different forms and
    this case shows that government departments cannot ignore people's rights
    and hinder access to justice."

    -----------
     
    Niteawk, Jul 10, 2009
    #1
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  2. Niteawk

    Mike Guest

    And this is news how?

    The DWP has been taken to court successfully and unsuccessfully on a
    countless occasions both on principals of law (that's why pensioners in
    Spain get the winter fuel payment) and on it's application.

    Currently some pensioner is suing re his state pension not being
    uprated. Often court cases like this set precedents that affect tens of
    thousands of cases. IIRC the equalisation of state pension age (i.e
    women retiring at 65) is because a man sued on discrimination grounds
    and that will affect millions. I dare say though he was looking for
    men's retirement age to drop :)

    Mike
     
    Mike, Jul 10, 2009
    #2
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  3. Niteawk

    Robbie Guest

    Mike wrote:
    > And this is news how?
    >
    > The DWP has been taken to court successfully and unsuccessfully on a
    > countless occasions both on principals of law (that's why pensioners in
    > Spain get the winter fuel payment) and on it's application.
    >
    > Currently some pensioner is suing re his state pension not being
    > uprated. Often court cases like this set precedents that affect tens of
    > thousands of cases. IIRC the equalisation of state pension age (i.e
    > women retiring at 65) is because a man sued on discrimination grounds
    > and that will affect millions. I dare say though he was looking for
    > men's retirement age to drop :)
    >
    > Mike



    Niteawk might want to understand that this is how caselaw is set, and
    not a lack of points from medicals.
     
    Robbie, Jul 11, 2009
    #3
  4. Niteawk

    Niteawk Guest

    "Mike" <> wrote in message
    news:h384re$k6o$-september.org...
    > And this is news how?
    >
    > The DWP has been taken to court successfully and unsuccessfully on a
    > countless occasions both on principals of law (that's why pensioners in
    > Spain get the winter fuel payment) and on it's application.
    >
    > Currently some pensioner is suing re his state pension not being uprated.
    > Often court cases like this set precedents that affect tens of thousands
    > of cases. IIRC the equalisation of state pension age (i.e women retiring
    > at 65) is because a man sued on discrimination grounds and that will
    > affect millions. I dare say though he was looking for men's retirement
    > age to drop :)
    >


    Of course he is right, they either pay state pension at 60 or 65. A clear
    case of discrimination if ever there was one.
     
    Niteawk, Jul 11, 2009
    #4
  5. Niteawk

    Niteawk Guest

    "Robbie" <> wrote in message
    news:...
    > Mike wrote:
    >> And this is news how?
    >>
    >> The DWP has been taken to court successfully and unsuccessfully on a
    >> countless occasions both on principals of law (that's why pensioners in
    >> Spain get the winter fuel payment) and on it's application.
    >>
    >> Currently some pensioner is suing re his state pension not being uprated.
    >> Often court cases like this set precedents that affect tens of thousands
    >> of cases. IIRC the equalisation of state pension age (i.e women retiring
    >> at 65) is because a man sued on discrimination grounds and that will
    >> affect millions. I dare say though he was looking for men's retirement
    >> age to drop :)
    >>
    >> Mike

    >
    >
    > Niteawk might want to understand that this is how caselaw is set, and not
    > a lack of points from medicals.


    One aspect of it, you do not know how far I am going to go with my appeal.
    For eg you could argue that I am being discriminated against by being forced
    to attend numpty courses even though I have been signed off by my GP.
     
    Niteawk, Jul 11, 2009
    #5
  6. Niteawk

    Guest

    On 11 July, 02:45, "Niteawk" <> wrote:
    > "Mike" <> wrote in message
    >
    > news:h384re$k6o$-september.org...
    >
    > > And this is news how?

    >
    > > The DWP has been taken to court successfully and unsuccessfully on a
    > > countless occasions both on principals of law (that's why pensioners in
    > > Spain get the winter fuel payment) and on it's application.

    >
    > > Currently some pensioner is suing re his state pension not being uprated.
    > > Often court cases like this set precedents that affect tens of thousands
    > > of cases.  IIRC the equalisation of state pension age (i.e women retiring
    > > at 65) is because a man sued on discrimination grounds and that will
    > > affect millions.  I dare say though he was looking for men's retirement
    > > age to drop :)

    >
    > Of course he is right, they either pay state pension at 60 or 65. A clear
    > case of discrimination if ever there was one.


    Or 68 - some of us are on a different date.
    They don't have to pay state pension at that time, you can carry on
    working and defer your pension. Some people need to carry on working
    to pay the bills (mortgage etc) after 65th birthday.
    Moving everyone to the same, later retirement date at least shuts up
    blokes complaining about women retiring early and getting state
    pension. Doesn't shut women up complaining about it.

    Martin <><
     
    , Jul 11, 2009
    #6
  7. Niteawk

    Guest

    On 11 July, 02:51, "Niteawk" <> wrote:
    > "Robbie" <> wrote in message
    >
    > news:...
    >
    >
    >
    >
    >
    > > Mike wrote:
    > >> And this is news how?

    >
    > >> The DWP has been taken to court successfully and unsuccessfully on a
    > >> countless occasions both on principals of law (that's why pensioners in
    > >> Spain get the winter fuel payment) and on it's application.

    >
    > >> Currently some pensioner is suing re his state pension not being uprated.
    > >> Often court cases like this set precedents that affect tens of thousands
    > >> of cases.  IIRC the equalisation of state pension age (i.e women retiring
    > >> at 65) is because a man sued on discrimination grounds and that will
    > >> affect millions.  I dare say though he was looking for men's retirement
    > >> age to drop :)

    >
    > >> Mike

    >
    > > Niteawk might want to understand that this is how caselaw is set, and not
    > > a lack of points from medicals.

    >
    > One aspect of it, you do not know how far I am going to go with my appeal..
    > For eg you could argue that I am being discriminated against by being forced
    > to attend numpty courses even though I have been signed off by my GP.- Hide quoted text -
    >
    > - Show quoted text -


    The limit tends to be how much chance you have on a point of law if
    taking it beyond a tribunal. Thats law, not the facts, not the points,
    but the law.

    Martin <><
     
    , Jul 11, 2009
    #7
  8. Niteawk

    Mike Guest

    wrote:
    > On 11 July, 02:45, "Niteawk" <> wrote:
    >> "Mike" <> wrote in message
    >>
    >> news:h384re$k6o$-september.org...
    >>
    >>> And this is news how?
    >>> The DWP has been taken to court successfully and unsuccessfully on a
    >>> countless occasions both on principals of law (that's why pensioners in
    >>> Spain get the winter fuel payment) and on it's application.
    >>> Currently some pensioner is suing re his state pension not being uprated.
    >>> Often court cases like this set precedents that affect tens of thousands
    >>> of cases. IIRC the equalisation of state pension age (i.e women retiring
    >>> at 65) is because a man sued on discrimination grounds and that will
    >>> affect millions. I dare say though he was looking for men's retirement
    >>> age to drop :)

    >> Of course he is right, they either pay state pension at 60 or 65. A clear
    >> case of discrimination if ever there was one.

    >
    > Or 68 - some of us are on a different date.
    > They don't have to pay state pension at that time, you can carry on
    > working and defer your pension. Some people need to carry on working
    > to pay the bills (mortgage etc) after 65th birthday.
    > Moving everyone to the same, later retirement date at least shuts up
    > blokes complaining about women retiring early and getting state
    > pension. Doesn't shut women up complaining about it.
    >
    > Martin <><


    66 10mths and some odd days for me woo hoo!

    Here you go niteawk - work out at whst age you can stop arguing with JCP
    and start battles with The pension Service.

    http://www.thepensionservice.gov.uk/state-pension/age-calculator.asp

    NB although they don't currently have any 'get you back to work' schemes
    you never know what crackpot ideas will be introduced by the gov by then.

    Mike
     
    Mike, Jul 17, 2009
    #8
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