Disability discrimination claims against the DWP: a sample from DPG

1. Disability discrimination claims against the DWP: a sample from DPG Robyn Taylor Deighton Pierce Glynn

2. Introduction Use of the Equality Act 2010 • When you can use the Equality Act and how • Useful fact patterns • Liability of agents and employees • Limitation Issues to consider around funding • Section 28 Equality and Human Rights Commission funding • Availability of Legal Aid Three recent case studies of our work challenging the Govt. in respect of disability discrimination • Application for Universal Credit • Application for Personal Independence Payment • Access to Work scheme cap

3. Disability discrimination – Application for Universal Credit Facts • Deaf woman attempted to apply for Universal Credit via an online journal • Repeatedly told someone would call her • Meetings arranged at short notice • Journal closed down without notice • Complaint process required use of telephone Legal Points • Main argument was that the DWP had failed to make reasonable adjustments • Other arguments included: indirect discrimination; disability related discrimination; harassment; and breach of Human Rights Act 1998. Legal Work • Detailed letter of claim sent • Early offer of settlement by DWP (including a good damages award and her legal costs)

4. Disability discrimination – Application for Personal Independence Payment Facts • Claimant is an autistic man who applied for PIP in 2015 • Asked for a specific set of reasonable adjustments • Reasonable adjustments not made so he could not attend face-to-face assessment • PIP claim was refused on the grounds of non-attendance • Claimant challenged refusal at First-tier Tribunal. Judge decided Claimant had good reason not to attend and told the DWP to consider making the reasonable adjustments. Despite this, no reasonable adjustments made. Legal Points As before Legal Work • Detailed letter of claim to Atos and DWP sent with ‘Without Prejudice’ offers • Lack of engagement by the Defendants • Client awarded PIP backdated payment of £25k • May end up in court

5. Judicial review - Access to Work scheme Facts • Claimant was a Deaf man whose first language is BSL. • The Govt. announced that payments under AtW scheme would be capped at 1.5 x the average annual salary (the “Original Cap Policy”). Certain transitional provisions were provided for. • Change in job meant that the Claimant required an increase in the level of support needed. In 2017 the Defendant awarded him funding of approx. 50% of his total support costs (the “2017 Decision”) • Our client brought a judicial review challenging the Original Policy and the 2017 Decision. Legal points • Main argument was that the Govt. had failed to comply with its Public Sector Equality Duty • Also argued indirect discrimination Court case • Judge found against the Claimant at trial. During the case, the Defendant decided to revise the cap to 2 x the average salary and the Claimant was awarded funding of approximately 85% of his total support costs.

6. Key points • Litigation is unpredictable! • In practice bringing Equality Act claims can be difficult but there are funding options available. • Insist on correspondence in writing and retain evidence If you need a public body or service provider to make reasonable adjustments, where it is appropriate, make sure you set out your request in writing in as much detail as you can. Remember you are legally entitled to reasonable adjustments, if you are being refused this should be justified by the public body/ service provider and you should ask for that ‘justification’ to be put to you in writing. • The DWP and their agents appear to have little understanding of how a ‘one size fits all’ approach to automated processes can lead to discrimination. • Developing a case strategy early on and sending a detailed letter of claim can be a very fruitful way of achieving the result you want quickly.

7. Contact DPG Address Deighton Pierce Glynn 382 City Road London EC1V 2QA Telephone 020 7407 0007 Email mail@dpglaw.co.uk Website https://dpglaw.co.uk