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DWP Duty of care

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1 year 7 months ago #280486 by LG101
DWP Duty of care was created by LG101
I read that a Westminster hall debate was triggered by a petition started by bereaved parents of University students who had killed themselves to try to impose a legal duty of care on Universities. Private institutions.

As many people here know, Secretaries of State for Work and Pensions have stated many times that the DWP does not have a duty of care. As government agencies, local and national (NHS, LAs, schools, even the armed forces) generally have a duty of care, why is the DWP exempt? It does, after all, make decisions that can be life or death for the people it deals with.

So, does anyone know more about it?

Has this been challenged?

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1 year 7 months ago #280496 by Gordon
Replied by Gordon on topic DWP Duty of care
LG101

A Google search (or equivalent) may provide a more detailed answer but it appears to revolve around whether the DWP has a legal duty of care which ministers deny and whether other agencies are better placed to provide such care.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 7 months ago #280514 by LG101
Replied by LG101 on topic DWP Duty of care
Thanks Gordon

Sorry if I wasn't clear in my question.

The DWP says it has no safeguarding responsibilities, while it works with vulnerable people... Coroners have sent PFD notices several times...yet there is no duty not to harm people by their actions, according to ministers?

I'm not suggesting that the DWP suddenly starts providing healthcare, but it seems a bit off when the MOD has a duty of care to people who sign up for armed service. But the DWP doesn't have a duty of care towards sick and disabled people.

Yet it has guidance on managing suicide and self harm declarations...

And has anyone challenged the claim of no duty of care in court?
Or gone down the HRA/right to life route in the courts?
Thinking bereaved families class action kind of thing, there.
Or even set up a petition for debate in parliament?
I've googled it and can't find any proper challenges.

Because as far as I can tell, there is evidence (quite apart from moral or ethical obligations) against the refutations of ministers.

Public law project?

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