The EHRC said that the investigation had been launched “due to suspicions that successive Secretaries of State may have broken equality law in their roles as Minister responsible for the DWP.
It added: The focus of the investigation will be whether the DWP has failed to make reasonable adjustments for disabled people with learning disabilities or long-term mental health conditions during health assessment determinations.
“Alongside the investigation, the EHRC will also assess whether the Secretary of State has failed to comply with Public Sector Equality Duty (PSED) obligations.
“These obligations require public sector bodies such as the DWP to consider equality and prevent discrimination in their day-to-day operations.
“The EHRC will be assessing the department’s compliance with the duty when developing, implementing and monitoring policy guidance related to health assessment determinations.”
The equality watchdog suspects that the DWP may have failed to anticipate and make reasonable adjustments for Disabled people with a mental health problem during health assessment determinations for the following assessments and benefits:
Work Capability Assessments (WCAs) for:
- Employment and Support Allowance (ESA)
- Universal Credit (UC)
- PIP Assessment for Personal Independence Payment (PIP)
The EHRC began examining the DWP’s treatment of some benefits claimants in 2021 after serious concerns were raised, including cases involving the deaths of claimants.
After examining available evidence, the EHRC found that further action was required and initially announced its intention to sign a legally binding agreement with the DWP to address its concerns.
The EHRC is no longer considering offering an agreement and has decided to pursue a formal investigation to establish whether the Secretary of State for Work and Pensions has committed unlawful acts under the Equality Act 2010. The investigation began on the 22 May.
The DWP will be expected to provide information to EHRC investigators during the investigation and PSED assessment. Stakeholders such as disability charities will be asked to share any relevant information they may have with the EHRC.
The EHRC highlighted that: “Whistleblowers who currently or have previously worked for the DWP on health assessments are also encouraged to provide evidence, including those who may have worked on the DWP’s behalf for a private contractor. All evidence will then be reviewed to inform the outcomes of the EHRC’s investigation and assessment.”
As a result, the EHRC has launched a call for evidence survey that will be open until 22 August 2024.
"We are not able to consider evidence from individual members of the public. The list below gives a guide to the groups we are accepting submissions from:
- whistleblowers, defined for this investigation as:
- current or former Department for Work and Pensions (DWP) employees
- current or former employees of third-party organisations who carry out health assessments on behalf of DWP, including Atos (also known as Independent Assessment Services or IAS), Capita, Maximus (also known as Centre for Health and Disability Assessments), Serco, Ingeus
- charities, third sector and advocacy organisations
- welfare benefits advisors
- legal professionals
- medical professionals
- academics and researchers
You can fill in the survey here.
Read the Terms of Reference for the investigation and assessment.
Read an Easy Read summary of why we are doing this investigation and assessment.
Ken Butler DR UK’s Welfare Rights and Policy Adviser said: “The EHRC investigation of the DWP is welcome if long overdue.
“However, it is very concerning that the EHRC will focus only on events from January 2021 onwards.
“In addition, the Commission is not seeking evidence from individual disabled people or relatives of those who have died due to DWP failings.
“Yet these are the very people who can give the most informed evidence to its inquiry.
“These important criticisms aside, it is timely in the sense that the Government has proposed scrapping the WCA with decisions about work conditionality left to unqualified work coaches backed by the use of sanctions.
“And with the forced migration of ESA claimants to UC to begin in September 2024, years earlier than planned.
“The DWP has consistently argued that it has no statutory duty of care towards claimants.
“This attitude means that safety and well-being cannot be uppermost in the DWP’s policy practices.
As highlighted recently, for example, by the Disability News Service
- DWP’s 14-year history of dismissing coroners’ concerns over benefit claimant deaths.”
- Research exposes how DWP ‘weaponised’ time to avoid accountability for deaths
“We hope the EHRC has the courage to properly enforce its future conclusions and deliver sweeping reforms to our broken social security system.
“But we will not hold our breath for an institution of this government to deliver the change we all need. Instead, we will come together as a movement to fight for what we need."