support group

Thanks Gordon, I see what you mean. I still wonder though, whether the consultant's letter stating that the claimant would be a danger to himself and others if he was placed in to a working environment wouldn't be sufficient reason to excuse him from such an environment, whether it be doing voluntary work or work placements?

If the letter said the risk would only arise if the claimant was required to do full-time work, that might be a different matter although if the voluntary work or work placement pretty much amounts to full-time work, then perhaps there's not much difference. Surely if the DWP was to ignore the consultant's letter and force the claimant into a working environment, they would be liable for any damage to the claimant's health or harm to others as a result?

I know that Parliament is granted a lot of latitude by the courts in terms of their powers to legislate and generally they only consider whether the government has acted in compliance with the law but even so, if the legislation says that someone who is too unwell to be in a working environment can nonetheless be put in one if it's called voluntary work or the Work Programme, I'd imagine this might be open to challenge in the courts, as it's clearly dangerous nonsense (not that that's a proper ground but I'm sure a decent lawyer could find some).

It does sound like the DWP might be in breach of the Equality Act 2010 by failing to make reasonable adjustments to accommodate the claimant's disabilities, although he'd need professional advice and representation with this and it could take quite some time to win such a claim, so isn't going to help him obtain any ESA in the short-term. The DWP might fold shortly before the hearing, or even after receiving a letter from a solicitor notifying them of his intent to make a claim, if they realise they haven't got any defence though.

I should be clear that I'm not a lawyer, so no-one should rely on my advice and they should seek professional advice before deciding what to do.

Gordon,

Of course you are right that being put in the WRAG does not necessarily mean that a claimant will be put into a work environment, nor asked to do anything that is unreasonable considering his or her disabilities. All I was trying to say is that if that were to happen (which the information provided suggests may be happening in this case) the letter may be of assistance in persuading the DWP to change their mind or failing that, as evidence in legal proceedings.

Gordon
how can my son deal with the fact that he cannot leave the house until he has finished on the toilet and he is at risk, as his e pilepsy is extreme and not the same as controlled epilepsy as the drugs affect his mind and actions all the time .Can the dept make alternative arrangements to meet his disability requirements under the rules for suitable adjustments. He has just completed another disability claim which has been allowed on these matters so presumably he has satisfied the rule for proof or the dwp are in breach of the disability rules by not accepting this. It is difficult for those who think they know about epilepsy to regard this as just another case . we are making another claim for secession and this time it will go to the dept on his letters and not to the local office.
Thanks.

I am writing again after asking for secession on my son's case and fully explaining in my letter the everyday risks and dangers my son faces each day he leaves the house and indeed faces whilst indoors.
We did not receive another claim form from the department as expected and indeed they say that we have not got the right to discuss his case or act on his behalf even though he is suicidal when he is put into the position of having anything to do with the matter. He is unable to deal with it and his depression is such that he
really gets into a state even with us and shouts and cries.
His consultant has written and explained that he is unable to take any further meds of any kind due to the amount he has to take for the epilepsy which continues to be debilitating .
He also soils himself two or three times a week unless he stays on the toilet all morning and into the afternoon, still not sure after this if he will be safe. What can we do now?
We will appeal but we know how long this can take and the ongoing affect on his health.