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    Errol Graham: Legal challenge exposes years of DWP dishonesty and broken promises Archived Message

    Posted by sashimi on May 7, 2020, 11:56 pm

    (quote)


    A new legal challenge by the family of a man who starved to death
    after his out-of-work disability benefits were wrongly removed has
    exposed years of dishonesty, failings and broken promises by the
    Department for Work and Pensions (DWP).

    The family of Errol Graham, who died in June 2018, are seeking a
    judicial review of DWP's failure - dating back more than a decade - to
    ensure the safety of disabled people claiming employment and support
    allowance (ESA).

    Graham's family, led by Alison Turner, partner of his son Lee, believe
    that DWP's safeguarding policy is unlawful and puts the lives of other
    ESA claimants at serious risk, and has already caused the deaths of
    countless others.

    They say the flaws in the safeguarding policy are likely to affect
    thousands of ESA claimants.

    The case put together by solicitor Tessa Gregory and her colleagues at
    law firm Leigh Day, who represent the family, is built upon hours of
    research by Turner in the months leading up to an inquest into
    Graham's death last June.

    It also relies heavily on evidence collected by Disability News
    Service (DNS)[1] over the last six years while researching other deaths
    linked to the actions of former DWP ministers and senior civil
    servants.

    Turner says in a witness statement that the evidence shows a pattern
    of "failing policies and how the DWP has ignored the evidence for
    years".

    The family and their lawyers believe that, taken together, this
    evidence should secure a judicial review that could force DWP -
    finally - to overhaul its safeguarding policy.

    Errol Graham (pictured) weighed just four-and-a-half stone when his
    body was found by bailiffs who had knocked down his front door to
    evict him. He had just a couple of out-of-date tins of tuna left in
    his flat.

    DWP had stopped his ESA months earlier after making two unsuccessful
    visits to his home to ask why he had not attended a face-to-face work
    capability assessment.

    Civil servants had failed to seek further medical evidence from his
    GP, just as in many other cases that have sparked repeated calls for
    an independent inquiry into links between DWP and the deaths of
    claimants.

    The inquest heard last June that it was standard DWP procedure to go
    ahead with stopping the benefits of a claimant marked on the system as
    "vulnerable" after two failed safeguarding visits.

    In her own witness statement, Gregory points to evidence unearthed by
    DNS into the deaths of Stephen Carré in 2010 and Michael O'Sullivan in
    2013, both of which led to coroners calling on DWP to make urgent
    changes to their ESA safeguarding procedures, which ministers and
    civil servants ignored.

    She also highlights the death of Jodey Whiting[2] in February 2017, which
    led to renewed calls for an independent inquiry into benefit-related
    deaths that was backed by families of those who have died and
    grassroots groups of disabled activists, as well as DNS.

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    Visible Links
    [1] - https://www.disabilitynewsservice.com/dwp-the-case-for-the-prosecution/
    [2] - https://www.disabilitynewsservice.com/expert-links-dwp-fitness-to-work-decision-to-death-of-jodey-whiting/
    (/quote)
    Cont'd at https://www.disabilitynewsservice.com/errol-graham-legal-challenge-exposes-years-of-dwp-dishonesty-and-broken-promises/

    Message Thread:

    • Errol Graham: Legal challenge exposes years of DWP dishonesty and broken promises - sashimi May 7, 2020, 11:56 pm