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Court rules PIP delays unlawful, but disability minister mocks ‘absurd’ claim disabled have human right to timely support

Two disabled claimants have today won their case against the DWP over huge delays in payment of their personal independence payment (PIP). However, minister for disabled people Justin Tomlinson said after the hearing that the claimants had no right to compensation and dismissed as ‘absurd’ the claim that their human rights had been breached.

tomlinsonThe two unnamed claimants had to wait 13 months and 10 months respectively from the date of their claim to receive a decision on their entitlement to PIP.

The claimants explained that the delays had left them isolated and barely able to feed themselves whilst others had waited even longer and some had fallen into the hands of payday lenders.

The high court judge ruled that the claimants were amongst the most vulnerable in society and that the delay by the DWP had been “unlawful” and “unacceptable”.

However, whilst the delay breached the claimant’s common law rights, the court did not find that their human rights had been breached.

Justin Tomlinson, minister for the disabled appeared entirely unrepentant after the hearing, arguing that the DWP had taken “decisive action” to reduce waiting times to just seven weeks. Far from apologising to the claimants, he dismissed their complaint as “absurd”.

"The court has rightly dismissed the claimants' absurd suggestion that their human rights had been breached. As a result, they are not entitled to damages." Tomlinson said.

Comments  

+1 #15 kathy 2015-06-24 08:30
Does this mean the DWP will publish a timetable of postcode areas for the roll out of transfer to PIP for DLA indefinite awards? Even some tory MPs are concerned at the waiting times for PIP assessments which triggered a debate in Westminster Hall on July 17th. 40% of people reassessed have lost their HRMC, and the appeal rate is 47%. Tomlinson still argues that 50% of DLA awards were made without any medical evidence at all, just the information provided by the applicant on the form. He maintains that there are more assessment centres. I have been checking my area on the ATOS website - Devon - since PIP began and there are no more.
+2 #14 Paul Richards 2015-06-08 20:19
Hi TraceZee,
This makes interesting reading also - our Government may be giving 'Contracts' to private companies to 'monitor' even 'innocent' people in our digital age!

www.talktalk.co.uk/news/uk/article/legal-bid-over-personal-dataset-use/171531/

On an evening when 'The One Show' was reporting upon King John's Magna Carta in which everyone would be 'equal within the law' and should have access to 'full justice' for themselves - this makes a total mockery of what is now happening in our once 'Great Britain'.

The present Tory Government should indeed take great note of this.
+2 #13 TraceZee 2015-06-08 05:14
I know this isn't on topic but I thought I ought to post this as it's pretty worrying on one front but good to know the online community are getting to them
http://metro.co.uk/2015/06/05/your-facebook-twitter-and-blog-are-about-to-be-monitored-for-references-to-the-government-5232639/#ixzz3cJvNjvCJ
+3 #12 Jim Allison 2015-06-07 21:51
Quoting Paul Richards:
Hi all,
May I suggest that you take a look at this article by going to

https://johnnyvoid.wordpress.com

under the heading of: Iain Duncan Smith's Re-Education Centre To Open in Streatham Job Centre

Surely, is this approach not bordering on the illegal?
No-one should be forced to undertake so-called Psychological Treatment or similar - is this not again attacking or attempting to attack someone's Human Rights?

And also - are they eventually intending to 'roll-out' this programme over the rest of GB as well I wonder??!!


No one can be compelled to submit to treatment in the UK, it would be a breach of the Human Rights Act. There are rare exceptions for those with serious mental health problems who's live's are in danger.
They can be compelled if two Psychiatrists agree that forcing treatment was in the patient's interests. A common example is where patients are given ECT without consent.
+4 #11 Paul Richards 2015-06-07 12:18
Hi all,
May I suggest that you take a look at this article by going to

https://johnnyvoid.wordpress.com

under the heading of: Iain Duncan Smith's Re-Education Centre To Open in Streatham Job Centre

Surely, is this approach not bordering on the illegal?
No-one should be forced to undertake so-called Psychological Treatment or similar - is this not again attacking or attempting to attack someone's Human Rights?

And also - are they eventually intending to 'roll-out' this programme over the rest of GB as well I wonder??!!
+4 #10 Paul Richards 2015-06-06 22:25
Hi all,
Just a quick update - now been reported on Sky News that Cameron could soon be facing a huge back-bench rebellion (possibly over 100 of his MP's) over his renegotiations and possible exit from Europe.
You may remember that he really wants to stay in Europe and focus upon Migrant's benefits.
This could be the first real test of Cameron's authority by his own MP's and could soon (perhaps!) signal his downfall!
It's only a shame that it was'nt in relation to IDS & 'Welfare Reform'!
+7 #9 TraceZee 2015-06-06 05:50
I can only see the waits getting longer once the life DLA to PIP transition gets underway. Why they don't get their house in order first before beginning the process is totally beyond me. In any other business or walk of life this is what would happen.

As for the "minister", I knew things would be bad if this lot got in with full control but the people responsible for disability/ welfare are real hard liners. Obviously chosen for that reason. It will take one hell of a fight just to stop the things getting worse let alone better. I dread the future and that's without the health complications!
+6 #8 Paul Richards 2015-06-05 23:19
Hi all,
As Jim said, good for these two claimants who have indeed suffered so very much and also for Anne-Marie Irwin - at last, a caring and sensible solicitor who supported them and fought very hard it seems to get this ruling and for explaining so succinctly how this Government has, and is continuing to preside over this total shambles of the so-called 'Welfare Reforms'. I am sure that all on here will support her further in going after them.
However, how the judge ruled that their Human Rights have not been breached is beyond belief. Why on earth is this Government not being taken to court by the EU Authorities???
Surely, they should at least, be thinking of taking action by now!?
I am sure that France and Germany especially would not treat their poor, unemployed, sick and disabled people the way that these are doing.
AND also, WHY has this so-called Minister for the Disabled been put into this job by Cameron (as tintack said also). By all accounts, he is a failed MP in his own Constituency - he is seemingly VERY right-wing with no compassion at all for any sick or disabled people whatsoever. Why should Cameron put an arrogant and callous heartless bas***d such as him in charge (let alone IDS also!!) A petition to get them both kicked out would I am sure, be very well supported.
It should be a prerequisite of any MP (in my own opinion) that before they are parachuted into any position of power and authority in their department - that they should have many years of experience in that particular sector - after all ( this as an example only!) what would a bus driver know about precision brain surgery!?
pixieg1970, Plonker, intrested, Denbo17 & buster - all well said also!
+8 #7 tintack 2015-06-05 21:15
You might have thought he'd have shown some remorse about what these two claimants were put through. Instead he's gloating over the fact that the judge ruled their human rights weren't breached, apparently ignoring that part of the ruling which said the delay was unlawful.Making this odious waste of space minister for the disabled is like putting Dracula in charge of the blood bank.
+7 #6 Plonker 2015-06-05 21:11
Things were bad when it was a coalition. Now they were elected with a majority I really do fear for all us. God help us.
+7 #5 intrested 2015-06-05 20:24
I notice that this news article did not take long to dissappear of the bbcnews mobil site , I wonder why?
+4 #4 Jim Allison 2015-06-05 20:12
Well done Anne-Marie Irwin, the lawyer specialising in Welfare Rights Law who represented the claimants. We studied Social Welfare Law at the same Uni :-) Quote from Anne-Marie :

Irwin Mitchell Associate, Anne- Marie Irwin, said: “This is a significant legal judgement. A huge number of vulnerable people have been left in the lurch as a result of unacceptable flaws in the PIP system, with Public Accounts Committee chair Margaret Hodge in June last year calling the issues ‘nothing short of a fiasco’.

“In February 2014, the National Audit Office found that the defendant had not fully assessed performance before starting national rollout of the new claims in June 2013.

“Today’s decision sends a clear message that the unacceptable delays faced by many people, may also be unlawful.

“While the decision is undoubtedly welcome and emphasises the clear failings seen with this scheme, attention must now turn to rethinking the planned wider rollout in October until reassurances can be provided that the delays seen in the past are not repeated in the future."
+7 #3 pixieg1970 2015-06-05 20:08
It took 11 months for me to get mine at the low rate ....this wait made my stress worse ...ATOS were a nightmare i rang them many times to be told they dont know when i will get a appointment to be seen ..then when i did get one they wanted me to travel which flared up my panic attack they are a joke ..what the hell do they know about what we all go through with there cushty jobs and bonuses i ended getting a part time job which has now affected my sciatica i am on more tablets than i have ever been and have been told i will end up in a wheelchair its that bad , my heath has been affected to.
good on the people that went to court, what right has these people to make people wait for something they should be getting,
a local woman to me is in a wheel chair, has bad shakes and is on so many tablets its like having a box of smarties each day ..and thay stopped her money ..WTF they know nothing
+7 #2 Denbo17 2015-06-05 15:16
Go to youtube and type in: Auschwitz inside the nazi state, and listen to the program very carefully. listen to every word about disabled and sick people and those that could not work and about the concentration camps that were built long before the war, and then pick out all the similarities from then and our own government now.
+9 #1 buster 2015-06-05 12:21
For some reason in the picture above I can only see a flag of a Swastika behind this pathetic joke of a minister for the disabled. I don't believe this to be some kind of amazing illusion - more like self consciously linking a movement or a person to a toxic brand.

Already in my opinion, this guy is synonymous with pure hatred - jack boots and all. Maybe someone could start a petition to get this man removed from his job? Clearly, he is not suitable.

Well done to the two claimants anyway for highlighting the failings of this cruel government; I wonder how high up the agenda this story will feature on the BBC news today?

Buster

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