I’ve just been reading about the Governments backdown on disallowing mobility component to those with mental illness.
My reading also implies that as yet the DWP has not changed its guidance to the assessors and the assessors are still following the old guidelines.
But I’m wondering if these mobility decisions could be illegal on the grounds that the courts found them to be unlawful, the Government accepted the case but has done nothing about it.
This I feel is important because if you go to a MR of Tribunal then by suggesting the guidance issued by the Government is now illegal
You need to understand that the phrase "Decision maker" is misleading, yes they make a Decision but they are constrained by the guidance that they are given and cannot operate outside of it.
That guidance, since it is based on what are now incorrectly defined Descriptors, is itself no incorrect, but until the DWP issue new guidance, then the Decisions being made are going to continue to be incorrect.
However, and this is a big however, based on what I am seeing in the forum, the vast majority of members simply do not understand how the Descriptors for the Going Out activity work. Some don't meet the criteria for the higher award but it seems that the vast majority of those that might are simply not explaining themselves in a manner which will score them the points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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