Disabled benefit claimants may have been mistreated - watchdog

The United Kingdom’s Equality and Human Rights Commission (EHRC) is conducting an investigation into the government’s treatment of disabled benefits claimants. The watchdog is examining allegations that the Department for Work and Pensions (DWP) failed to make reasonable adjustments for people with learning disabilities or long-term mental health conditions during health assessments for certain benefits. The EHRC is looking into the issue after a group of Members of Parliament (MPs) recommended it investigate the deaths of vulnerable claimants by suicide or other reasons between 2008 and 2020.

The EHRC is concerned about the DWP’s treatment of some claimants and will focus on whether the department’s actions amount to unlawful discrimination under the Equality Act 2010. EHRC commissioner Akua Reindorf KC highlighted the case of Errol Graham, who died by starvation after his benefits were stopped, as an example of the watchdog’s concerns. She said the organisation would investigate whether similar incidents amounted to discrimination under the legislation.

EHRC chairwoman Baroness Kishwer Falkner said the investigation was necessary because the organisation “needed to take the strongest possible action”. The DWP administers essential support for disabled people who rely on it for personal independence payments, employment support allowance, and universal credit. The EHRC believes that all claimants should have fair access to support to comply with the Equality Act 2010.

The DWP responded to the investigation, claiming that the department takes equality legislation “incredibly seriously”. A spokesperson said that benefits assessments are conducted by qualified health professionals, and reasonable adjustments are available to protect vulnerable claimants. The EHRC expects the investigation, which requires a thorough analysis of case files, to take several months.

Disability groups and mental health campaigners hope the EHRC will lead to meaningful change in how people severely affected by mental illness receive state support. Mark Winstanley, chief executive of Rethink Mental Illness, said the investigation was significant and hoped it would initiate fundamental changes to the system. The EHRC investigation will determine whether the DWP’s actions meet the requirements of health assessments, and the forthcoming report will indicate whether changes to the current benefits system are needed.