By Ben Kerrigan-
The Department for Work and Pensions (DWP) is under investigation by the Equality and Human Rights Commission (EHRC) over concerns that its treatment of disabled benefits claimants may have violated the Equality Act 2010.
The probe, which is the first of its kind, follows the deaths of a number of vulnerable benefits claimants, and could see the Secretary Of State For Work And Pensions, Mel Stride(pictured) under a high level of scrutiny over the serious failings.
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Baroness Kishwer Falkner, the chair of the EHRC, expressed extreme concern her organisation about the treatment of some disabled people by the Department for Work and Pensions. “We suspect the Secretary of State’s department may have broken equality law,” she added.
The EHRC is scrutinizing the DWP’s health assessment determinations, an integral part of the application process for various benefits.. The investigation focuses on whether the DWP failed to make reasonable adjustments for claimants with learning disabilities or long-term mental health conditions during these assessments.
Baroness Kishwer Falkner, the chair of the EHRC, said her organisation was “extremely worried” about the treatment of some disabled people by the Department for Work and Pensions. “We suspect the Secretary of State’s department may have broken equality law,” she added.
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Baroness Falkner said the department was responsible for “vital support which many disabled people rely on… access to that support must be fair.”
“Our investigation… will find out whether the DWP and the Secretary of State have breached equality law. If they have, we will use our unique legal powers to hold them to account.”
Additionally, the EHRC is assessing if the DWP neglected its Public Sector Equality Duty (PSED), which mandates public bodies to consider equality and prevent discrimination in their daily operations. This includes examining the development, implementation, and monitoring of policy guidance related to health assessments.
“We are extremely worried about the treatment of some disabled benefits claimants by the DWP,” said EHRC Chairwoman Baroness Kishwer Falkner.
“We suspect the Secretary of State’s department may have broken equality law. Our investigation will find out whether the DWP and the Secretary of State have breached equality law. If they have, we will use our unique legal powers to hold them to account.”
The EHRC’s decision to launch this investigation stems from recommendations by an all-party parliamentary group in 2021. The group urged the regulator to investigate the deaths of vulnerable claimants by suicide and other causes between 2008 and 2020. Initially, the EHRC sought to address its concerns through a legally binding agreement with the DWP but opted instead for a formal investigation.
The commission is currently gathering information and evidence from disability charities and former DWP employees who may have witnessed or been involved in the alleged discriminatory practices.
In response, a DWP spokesperson stated, “The Government is committed to improving the lives of disabled people and our recent Disability Action Plan sets out 32 actions we are taking to make the UK the most accessible country in the world for disabled people to live, work and thrive.
The DWP is committed to providing a compassionate service to all our customers. Benefits assessments are carried out by qualified health professionals with reasonable adjustments available to protect vulnerable claimants.
We take our obligations under the Equality Act incredibly seriously, including the Public Sector Equality Duty, and will continue to cooperate with the Commission.”
Work and Pensions Secretary Mel Stride has been contacted for comment.
The outcome of this investigation could have significant implications for the DWP’s policies and practices regarding the treatment of disabled benefits claimants.
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