Those with mental health problems are at Substantial disadvantage in WCA

Oh yes at last the courts have gotten somewhere and although they still want to hear more evidence to decide if discrimination has occurred or is occurring at the very least there is some hard and fast Government input into how unfair the work capability test really is.

You might wonder why I feel that this is a landmark when so many others have come before and said it was awful and discriminatory, the GP’s, the charities, the Harrington report well quite frankly I feel this says far more because I feel that as a matter of law it will be taken more seriously. Whilst in the past the objections have been seen more as guidance and suggestions the Tribunal is opening up the way for those who’ve lost their claim for employment and support allowance (ESA) to start proceedings that could result in the government being sued for compensation as well as reinstatement of benefit.

Granted it’s an awful long way from that now but still it gives me and I feel probably a lot of other people a chance to say

‘It really is that bad!’

 in a very loud voice and finally to feel people have some compassion for the suffering that many people have suffered at the hands of ATOS, because for such a very long time I have felt people turning away from this issue in the belief that actually there is nothing really wrong with the WCA and quite frankly there is.

And as Paul Jenkins, CEO of Rethink Mental illness said

This ruling proves once and for all that this cruel and unfair process is unlawful. The judges have independently confirmed what our members have been saying for years – the system is discriminating against some of the most ill and vulnerable people in our society, the very people it is meant to support

I might add that it also gives me hope that with the reassessment of disability living allowance having gone to ATOS their may well be a shake up before that too goes the way of the WCA.

And much as the judge asked the DWP to investigate ways to make the system better for people with mental health problems I would draw their attention to the Harrington report, to the charities, to the GP’s and medical profession who have been campaigning for the last few years on this issue and point out that since there has been little or no movement on the improvements to the point where these complainants are in court and have been found to have a case that actually

Asking the DWP to investigate it

Is a bit sodding stupid and if it hasn’t been done it was because they were determined that it shouldn’t be done or was of no importance and therefore I would suggest it is time to sanction them for discrimination based on the callousness of their attitude in not investigating this issue earlier or more thoroughly.

And please lets not forget the Harrington investigation into just this that apparently didn’t result in any significant changes to the point where charity boss Paul Farmer resigned from the committee.

Lets not forget the GP’s voting to scrap the assessment, lets not forget all the people who appealed and were reinstated,

40% appealed and 40% won on appeal and this has not changed since the WCA was first introduced.

There are so many things that have happened to make this case a pivotal point if only the courts will not back down and take the history into consideration when they make their ruling.