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Disability discrimination at PIP assessment (Equality Act)

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  • Disability discrimination at PIP assessment (Equality Act)

    Hello
    I've been looking over the Equality Act for the purposes of a disability discrimination complaint, and cannot work out which type of discrimination my matter falls into. I wonder if you could advise please?

    So many unbelievable events took place at my PIP assessment, and the nurse refused to discuss my mental health issues, and other crucial matters.
    She would not look at any of my medical or psych reports taken with me either, which span over 8 years.
    She also scoffed at me when I tried to discuss my incontinences, would not let me speak of anything freely, and refused to budge from her onscreen script, saying she had a time allowance to keep to.

    She told many lies about my composure, even stating in her report that I "did not present as tearful", when I sobbed so hard that she tossed a box of tissues towards me.
    Anyhow, as I knew it would be as I left the room, my award was then downgraded.

    *Independent Assessment Services held a thorough investigation, and have admitted by letter that my assessment was 'not robust' and that the nurse failed to properly conduct the assessment. She wrote nothing in her report regarding my mental health to back this*

    I have been offered another assessment and exhausted my complaint with them, and been told to go to I.C.E. - I have had an interim appeal court hearing, where the judge has agreed that I should be put through no more, and that she will assess me herself in the next month or so. I believe this is unheard of, but i was grateful to hear this.

    Under the Equality Act, there are six kinds of unlawful discrimination:

     direct discrimination.

     harassment.

     indirect discrimination.

     failure to make a reasonable adjustment.

     discrimination because of something arising in consequence of disability.

     victimisation.

    It's a heavy read, and my mind isn't up to it. I cannot work out which of the six types the discrimination falls under.

    DWP also refuse to remove the 'non robust' assessment from my file, and this I believe is also discriminatory, as a future assessor always looks back at the findings of the last, and will be naturally swayed. This means I will be in a forever loop of what I feel will be perpetual victimisation throughout future claims.

    Any thoughts please?
    Thank you.
    Tags: None

  • #2


    Sorry to say this is a tale we have heard before.
    Are you sure the assessor (from Maximus?) was a SRN and not just a bod who can read a screen and has been on a short course.

    Anyway, if you want advice about your treatment at the hands of the assessor I would suggest contacting Equality Advisory and Support Service
    http://www.equalityadvisoryservice.com/app/home

    If you get no joy do return here
    Good luck

    Comment


    • #3
      Originally posted by des8 View Post


      Sorry to say this is a tale we have heard before.
      Are you sure the assessor (from Maximus?) was a SRN and not just a bod who can read a screen and has been on a short course.

      Anyway, if you want advice about your treatment at the hands of the assessor I would suggest contacting Equality Advisory and Support Service
      http://www.equalityadvisoryservice.com/app/home

      If you get no joy do return here
      Good luck
      Sadly there is a serious incident also tied to my complaint, which I can't write here.
      I have been in touch with EAS. I just get signposted to CAB, who have told me yesterday, "This is too much for us"

      Comment


      • #4

        Oh and yes, the assessor was a nurse. She is registered on the Nursing and Midwifery Council register.

        If anyone can look at my question, I would be very grateful. Thanks.

        Comment


        • #5
          Whats the status of the criminal investigation at the moment ? ( don't need to give detail but has it actually gone anywhere? did you make a criminal complaint or was it just brought up in the general investigation/appeal against the report ?)

          That the assessment was 'not robust' isn't against you so I'm not sure why it should affect you going forward. The IAS have admitted that the nurse did a terrible job ( understatement ). You've taken the complaint to ICE and have a Judge on your side by the sound of things so would you not be better following that through, wait for the judges assessment and then if there are outstanding complaints/issues thereafter THEN follow up on those. Can you explain a bit why you are looking at the equality act? has someone suggested this as a route to take the complaint down ? and if so, on what grounds?

          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

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          Comment


          • #6
            Originally posted by Amethyst View Post
            Whats the status of the criminal investigation at the moment ? ( don't need to give detail but has it actually gone anywhere? did you make a criminal complaint or was it just brought up in the general investigation/appeal against the report ?)

            That the assessment was 'not robust' isn't against you so I'm not sure why it should affect you going forward. The IAS have admitted that the nurse did a terrible job ( understatement ). You've taken the complaint to ICE and have a Judge on your side by the sound of things so would you not be better following that through, wait for the judges assessment and then if there are outstanding complaints/issues thereafter THEN follow up on those. Can you explain a bit why you are looking at the equality act? has someone suggested this as a route to take the complaint down ? and if so, on what grounds?
            Hello

            I am presuming there is a case for disability discrimination on the same grounds as these:
            https://www.disabilitynewsservice.co...iscrimination/

            I gave a police video interview for assault, which I haven't spoken about here. I can PM you about that, as it makes my case very rare. The NM&C are also investigating. Unfortunately the police said it was my word against hers, and she said it didn't happen. She left I.A S shortly afterwards, and they obviously won't tell me if she resigned, or was sacked. Is there a way I can find out please? Would the freedom of information act cover this?
            I've been left traumatised since, and a complaints manager at DWP offered money for private therapy, then denied doing this. A year on, and hell piles onto hell.

            Comment


            • #7
              Originally posted by Amethyst View Post
              Whats the status of the criminal investigation at the moment ? ( don't need to give detail but has it actually gone anywhere? did you make a criminal complaint or was it just brought up in the general investigation/appeal against the report ?)

              That the assessment was 'not robust' isn't against you so I'm not sure why it should affect you going forward. The IAS have admitted that the nurse did a terrible job ( understatement ). You've taken the complaint to ICE and have a Judge on your side by the sound of things so would you not be better following that through, wait for the judges assessment and then if there are outstanding complaints/issues thereafter THEN follow up on those. Can you explain a bit why you are looking at the equality act? has someone suggested this as a route to take the complaint down ? and if so, on what grounds?
              I forgot to say that I haven't taken my case to I.C.E yet. I have around a month left to do so, but I'm so exhausted with it all. My mental health has deteriorated further through more lies, and deception on DWP's / I.A.S part, though I do my best to keep fighting this injustice.

              Comment


              • #8
                It's okay re the assault - I remember your original thread xxx

                If you've been told that you can take the complaint to ICE then I would do, at least get the initial complaint in the system before you run out of time. It's separate to your appeal so I think you are okay to do that if you aren't happy with the resolution to the complaint.

                I doubt an FOI request would get you anything specific on the individual staff member - due to data protection - it would get you things like statistics / numbers of staff dismissals following complaints of assault for example but not much actually helpful to you directly.

                Do you know how Mr Donaldson's case went ? I can't find anything beyond him announcing he was issuing a claim.



                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #9
                  Originally posted by Amethyst View Post
                  It's okay re the assault - I remember your original thread xxx

                  If you've been told that you can take the complaint to ICE then I would do, at least get the initial complaint in the system before you run out of time. It's separate to your appeal so I think you are okay to do that if you aren't happy with the resolution to the complaint.

                  I doubt an FOI request would get you anything specific on the individual staff member - due to data protection - it would get you things like statistics / numbers of staff dismissals following complaints of assault for example but not much actually helpful to you directly.

                  Do you know how Mr Donaldson's case went ? I can't find anything beyond him announcing he was issuing a claim.


                  Hi

                  I've just looked and can't see the outcome, but I had read previously that the DWP legal representatives didn't show up at court.

                  He used Glasgow Sherriff Court, and persued a separate claim against the Scottish Government.
                  Being a solicitor himself, must have been such a boost to go forward.

                  Comment


                  • #10
                    ScottishSolicitor - you wouldn't have any idea whether Mr Daniel DOnaldson's discrimination case against the DWP ended up going would you? ( slight long shot but I have no idea where to even start looking for Glasgow sheriff court - all I can find is his own press releases saying it was going to happen... then it just went quiet - lots of fanfare...then silence - even his twitter and FB say nothing - so guessing at settlement or withdrawal. )
                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment


                    • #11
                      Hi really sorry but this is not my area at all and haven't heard about this matter. Here is a link to search recent court judgments though -

                      https://www.scotcourts.gov.uk/search.../sheriff-court

                      Comment


                      • #12
                        scottishsolicitor

                        Thanks. I tried that same search last week, and nothing shows for the surname Donaldson (unless I'm searching incorrectly?)

                        Comment

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