Two employment and support allowance (ESA) claimants have applied for judicial review of the work capability assessment (WCA) on the grounds that the Department for Work and Pensions (DWP) has erred in law by failing to take reasonable steps to make adjustments to the WCA for people with mental health problems, and that the DWP is acting in breach of the Equality Act 2010.

A Guardian report briefly outlines the points raised on behalf of the claimants at a hearing at the High Court on 29 June 2012 requesting permission to apply for judicial review. Judgment on the case has been reserved to a later date but the Guardian reports that after hearing the arguments put forward on behalf of the claimants, the judge described the WCA as “​pretty crude”​.

The Guardian report can be found here


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