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High court grants permission for two disabled people (backed by the Mental Health Resistance Network) to bring a judicial review claim against the work and pensions secretary and related to the work capability assessment (WCA).

What: The high court grants permission to two disabled people (MM and DM) to bring a judicial review claim against the work and pensions secretary (at this point Iain Duncan Smith) in connection with the WCA. The claim is backed by the Mental Health Resistance Network [see 2010 entry]. Many of its members have themselves had relapses, episodes of self-harm and suicide attempts, and needed higher levels of medication and hospitalisation, as a result of the reassessment process.

Why significant: MM and DM argue that the WCA fails to make reasonable adjustments under the Equality Act for people with mental health conditions and those with learning difficulties, and call on DWP and Atos to seek further medical evidence at the beginning of such claims.

Citations

'Victory in first stage of ‘fitness for work’ court case', Disability News Service, 2012