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Discrimination, harassment, maladministration, negligence, personal injury

Hi, I know a little about the law.  Capita have asked  me to attend a PIP assessment twice, I rang up and told them I could not.  Despite this, Capita and DWP have sent yet another appointment.  I will not be attending and I will send a letter before action because as far as I can see, this is harassment, discrimination under the Equality Act 2010 and maladministration, Breach of European Convention on Human Rights, (including a breach of my Right to life when they know this could threaten my life, and my right to freedom from torture as putting me through mental anguish deliberately is torture.  This is because I have mental health issues of severe depression and anxiety and they don't care, they know that putting me through this could cause me to take an overdose as I am not at all well at them moment (Bipolar/ ADHD, Aspergers, OCD, fibromyalgia, joint hyper-mobility syndrome, Heart problem, blood lipid problem, severe risk of heart attack, asthma and severe allergies, they have repeatedly been told by medically trained doctors who are superior to their health assessors to leave me alone as I am not well enough to be assessed at the moment.  I will send a letter before action and if they continue to harass me throw the book at them.. The difference is that I do know the law and I know how to take them to court and I will.  This is making me ill and I know its a risk to my life by getting stressed out taking them to court but I feel i have no choice; I will get stressed out from an assessment and I know my rights.  They have been repeatedly told by two doctors not to put me through an assessment at the moment and they are ignoring the doctors.  My claim will be for failure to make a reasonable adjustment under the Equality Act, Harassment, maladministration resulting in negligence and personal injury.  Wish me luck. I will look at doing a class action if I can cope with this.  I may be disabled but Im not stupid as they seem to think I am. 

Replies

  • RoddyRoddy Posts: 369Member Pioneering
    Hi Suemfs… I'm sorry to learn about your experience. I have just made a protective issue at court, against my housing provider, under the Equality Act.  Unless you are very knowledgeable it is exceedingly difficult to understand the legalities. Trust me, it has taken me over 2 years just to get the case issued and unless you're entitled to Legal Help, issuing your case will cost £2000+ 

    I would strongly recommend that you contact Civil Legal Advice. They will even call you back and interview you. They will then advise you exactly what to do, and if you are eligible they will also provide you with several solicitors specialising in your case/claim/problem. They are very helpful indeed. 

    They may suggest that as your complaint is against the DWP that you have to go through DWP Complaints Procedures and then any appeals until you can then involve the appropriate Ombudsmen... Like with most things, their is a strict protocol to follow before you can go 'straight to the top!' 

    If your situation is an immediate urgency then please contact your local Social Services if you've not done so already. Your GP should be able to contact them on your behalf so that a Protective Order is in place to assist you and to ensure your safety & wellbeing. 

    Please don't try to battle through all of this yourself. You need professional guidance if you're going to get anywhere without wasting your time and efforts. Pleas allow those who are qualified to decide which parts of the Equality act are applicable to you individually. 

    Take care

    Rodders
  • teejays1617teejays1617 Posts: 92Member Courageous
    Hi SUEMFS,
                          I am glad you are well equipped in knowing the law.You don't need
    the stress and I myself have suffered a very serious heart attack and survived.
    I hope with all my heart that these Health Assessment companies have to face court and justice because I feel it is MENTAL TORTURE on many of us with serious
    disabilities which are in most cases incureable.
  • BenistmonkBenistmonk Posts: 326Member Pioneering
    Wish I knew the law, the only defence I can think of is to call them all bar stewards. :smiley:
  • RoddyRoddy Posts: 369Member Pioneering
    When you consider that there are an estimated 25,000 (and this is only an estimate) permently sick and disabled people in the UK who currently rightfully appealing against the decisions made by a 'nurse' at these abhorrent assessments, it goes without saying that this system is wrong. Morally, ethically and in anyway you care to describe it. 

    THOUSANDS of severely & permanently people being deprived of any common decency by a person that has no qualified experience in making decisions or defining or identifying risk to another persons health & ongoing requirements.  It is inexcusable and a total disgrace. 

    I've only been a member on SCOPE for less than 5 days and during this time  alone it is evident that this effects practically every disabled person Nationally in one way or another. Apart from myself, I know personally of:

    1. A single lady of 53 years with MS. She has been permently disabled for most of her adult life and has more recently suffered 3 strokes. She never leaves her home unaided and she has full-time carers... She failed her assessment last June 2018 and hasn't received any payments since. 

    2. A 20 years old lad with profound special needs, Autistic Spectrum Disorder and severe behavioural problems. He requires 24/7 around the clock supervision & care... Stripped of his Mobility vehicle entitlement due to the decision of a an assessment Nurse, and now in his 9th month awaiting a judicial hearing.

    3. A many of 63 years. A double amputee and confined to a wheelchair due to additional spinal injuries... The decision of a Nurse has now suspended his ESA payments and he has to respond to Employment Vacancies sent to him by Universal Credit. If he fails to respond, his ESA payments are decreased.  

    There needs to be a National Campaign about these so-called Assessments which are having an almost irreversible detrimental affect to the already sick and disabled. For a persons disability needs and daily requirements to be decided upon by a Nurse with a keyboard, and a rehearsed list of trick/ridiculous questions and a point system 1-10 is wrong to the extreme. Add to this, the reams of forms, deadlines, phone calls & excuses until you even get a chance to appeal, is tantamount to wilful torture and total disregard...  

    I was in tears as I left my own assessment. I was told to "hurry-up I haven't got all day" by a nurse that was more interested in getting me in out as quickly as possible before the next poor person had to face the 3rd degree. Questions like: "what's a matter with you?"   "why don't you work?"  "lift your legs up!" etc. etc. whilst upon her desk was 10+ years of medical history and statements from hospital specialists and declarations that I am not expected to recover and am on the list for a Liver transplant... ZERO points from a Nurse, and a demand to report to a Jobcentre for work.  I cannot even STAND unaided or rise from a chair, and have not been able to for 15+ years,  yet a 'Nurse on a keyboard'  considers me fit enough to be scaffolder!   Zzzzzzz
  • suemfssuemfs Posts: 8Member Listener
    Roddy said:
    Hi Suemfs… I'm sorry to learn about your experience. I have just made a protective issue at court, against my housing provider, under the Equality Act.  Unless you are very knowledgeable it is exceedingly difficult to understand the legalities. Trust me, it has taken me over 2 years just to get the case issued and unless you're entitled to Legal Help, issuing your case will cost £2000+ 

    I would strongly recommend that you contact Civil Legal Advice. They will even call you back and interview you. They will then advise you exactly what to do, and if you are eligible they will also provide you with several solicitors specialising in your case/claim/problem. They are very helpful indeed. 

    They may suggest that as your complaint is against the DWP that you have to go through DWP Complaints Procedures and then any appeals until you can then involve the appropriate Ombudsmen... Like with most things, their is a strict protocol to follow before you can go 'straight to the top!' 

    If your situation is an immediate urgency then please contact your local Social Services if you've not done so already. Your GP should be able to contact them on your behalf so that a Protective Order is in place to assist you and to ensure your safety & wellbeing. 

    Please don't try to battle through all of this yourself. You need professional guidance if you're going to get anywhere without wasting your time and efforts. Pleas allow those who are qualified to decide which parts of the Equality act are applicable to you individually. 

    Take care

    Rodders
    Thats very good advice Rody, thank you. Im so sorry to hear about your issues, the way you have been treated is appalling. The DWP and Capita are actually committing what is tantamount to genocide against the poor and disabled. They even sanction people for ridiculous reasons, so basically they starve them if they don't jump through the hoops set for them. There are real human rights issues going on here and maybe we should all club together and do a class action. I think about taking my own life often which is why two doctors have written to say not to put me through an assessment but they don't care and are going to do it anyway. Absolute bastards, they are like the SS, it is nothing short of social cleansing. Starving the poor or disabled to get them out the way and save on the NHS bill. Utter bastards.
  • suemfssuemfs Posts: 8Member Listener
    Hi SUEMFS,
                          I am glad you are well equipped in knowing the law.You don't need
    the stress and I myself have suffered a very serious heart attack and survived.
    I hope with all my heart that these Health Assessment companies have to face court and justice because I feel it is MENTAL TORTURE on many of us with serious
    disabilities which are in most cases incureable.
    I don't need the stress and they are deliberately and recklessly putting my life in danger. I am very unwell, have to remain calm and I am at high risk of a heart attack. My mental health is terrible at the moment which is why two doctors have written to them to tell them to leave me alone and now is not the time. But, if they are going to do this they are giving me no choice but to fight back. I am going to look into how to bring a class action for disabled people, or to get the Attorney General to assess the legalities which I can tell you are illegal. DWP are acting Ultra Vires (over and above their authority) as far as I can see. However, this is in regard to breaches of EA and European Convention on Human Rights, however, I am very, very fearful as to what will happen when we leave Europe. Its terrifying, they will be able to do what ever they want, literally what ever they want. It's terrifying.
  • suemfssuemfs Posts: 8Member Listener
    Wish I knew the law, the only defence I can think of is to call them all bar stewards. :smiley:
    They are utter bar stewards lol
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