Bias in Awards, challenge?

Does a Decision Maker come under a judicial or an administrative role? I have read different case law which seems to give opposing views.
e.g. Disability Discrimination Act cannot be used because it is a judicial decision yet a judicial act must be impartial and free from perceived or actual bias....

Either way as the DM is not independent, but still needs to act impartially would there be a case for “bias” with regards to their decisions, owing to their impartiality being compromised by the undue closeness and influence of a private company at all levels.

Hi adamant,

I don't think this is a question we can really answer. I think the DWP would argue that the DM simply receives evidence from various parties, which could include a claimant's GP or even a privately paid for medical report, and makes a decision based on that evidence.

Steve

Hi,

Technically, all decisions on entitlement to social security benefits are made by the Secretary of State for Work and Pensions, but they delegate the decisions to Decision Makers, who receive guidance from the Decision Makers Guide,
which is updated regularly.

You can join their mailing list free of charge by e-mailing : LEGAL GROUP DMA Leeds Mailing List <This email address is being protected from spambots. You need JavaScript enabled to view it.>

When it was the Dept of Social Security (DSS), decisions were made by Adjudication Officers who were statutory bodies in their own right.

Crazydiamond one of our moderators was a former Adjudication Officer for the DSS, so may wish to add a comment.

Hope this explains things, although as Steve states, it's not really within our remit.

Best wishes.

Jim

Thanks Steve ..what made me question the legality of things was the replies of Mr Murphy of the Standing Committee when debating the Welfare Reform Bill
www.publications.parliament.uk/pa/cm2005...1024/am/61024s04.htm

"Ultimately, the decision as to the impact of that illness, ailment or condition on a person’s ability to undertake work-related activity or to work at all will be a decision of the person carrying out the assessment. They will reach a conclusion and make a recommendation that will go to the decision maker.

It is important to say clearly that the decision maker has a legal responsibility…. They are not in place to overrule, in a medical sense, the recommendations from those who carry out the assessments….. On the revised PCA, the individual carrying out the assessment would ultimately make the judgment"

How can Decision Making be transferred to a private company if it is a judicial role.?
Or on a lesser scale how can they make a determination as to the value of a GPs evidence etc as indicated in the debate

Thanks Jima 1, your reply must have popped up while I was typing..I hope you are keeping well..

Hi Adam,

Sorry, our posts crossed it happens quite often.

An interesting link, but as I stated in my first reply Decision Makers are employed by the DWP, not by a private company.

A Decision Maker must ( or should) examine each case thoroughly and weigh up all the facts and not just rely on a medical report by an ATOS employee when reaching a decision.

Regretfully, that doesn't always happen for various reasons.

Jim