Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

[bluebottle]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Hi there,

I'm a student nurse and also a 2.1 criminology graduate. I do not know anything about welfare rights as it has been purposefully guarded under Civil law (balance of probabilities), and not Criminal law (otherwise Judges in this country would be inundated with misconduct/malfeasance in public office trials). However, I can help you in the fact that all of us nurses have to abide by the NMC code of conduct (Nursing and Midwifery Council). Any breach of this code which includes, and is not limited to; Care, Compassion, Competence, Communication, Courage (including whistleblowing/ transparency) and commitment.

The nurse cannot be complicit in any fraud with ATOS/DWP, and must ensure that their actions are not in breach of this code (including treating the patient with utmost dignity). The best angle I can see you going with this is to report the nurse to the NMC (if there is a belief that the wrong assessment of your son's condition has led to the stopping of his benefit). This is the hard part, because it has to be proven the nurse has acted in a manner that entails gross misconduct, or if it was ATOS or the DWP that have changed or ignored the nurses accurate assessment of his condition. However, if you felt you were also treated with rudeness or contempt in the interview, this is enough to breach the NMC code, and at it's worst severity is a sackable offence when the NMC are in no doubt the nurse has willfully breached it as such. You first need to complain to the NMC and take it from there. Then if the nurse is at fault, and is sacked, then a judge will automatically question the role of ATOS and DWP, in the fraud and breach of the NMC code. Very complicated indeed, and is not fair. I wish you the best of luck, and in the future I may just have the honour of treating him xx

Firstly, may I congratulate you on choosing a worthy profession, nursing. Thanks to nurses and paramedics, I have survived major blood loss through internal bleeding and acute pancreatitis.

It is my understanding that the NMC Code of Conduct is just as strict as the Code of Conduct for the Health & Care Professionals Council (HCPC), which regulates occupational therapists, physiotherapists, paramedics and social workers.

With regard to ATOS, it is my understanding a whistleblower exposed ATOS who were allowing managers, who were not medically-trained or qualified, to change assessments so they were favourable to the DWP. Not only is this a breach of the Data Protection Act 1998, which carries criminal sanctions and a possible Civil Monetary Penalty of up to £500,000, it may also be an offence under the Fraud Act 2006 or, even, the Forgery & Counterfeiting Act 1981.

Complain to ATOS, in the first instance, and ask to see a copy of the assessment, as it may be a manager, not a nurse or other healthcare professional who has been playing silly beggars with the assessment.

When this has been done in the past and ATOS has been pulled up about it, they try to offer £100 or £200 compensation for their malfeasant behaviour. Personally, I would make ATOS submit a corrected report to the DWP and admit what has happened. Reimbursement of all and any losses a claimant has suffered as a result of ATOS's malfeasance should be sought in full, not a measly £100 or £200.

Statutory regulators for those doing ATOS assessments are as follows -

General Medical Council - Doctors
Nursing & Midwifery Council - Nurses and Midwives
Health & Care Professionals Council - Occupational Therapists, Physiotherapists

[Openlaw15]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Hi there,

I'm a student nurse and also a 2.1 criminology graduate. I do not know anything about welfare rights as it has been purposefully guarded under Civil law (balance of probabilities), and not Criminal law (otherwise Judges in this country would be inundated with misconduct/malfeasance in public office trials). However, I can help you in the fact that all of us nurses have to abide by the NMC code of conduct (Nursing and Midwifery Council). Any breach of this code which includes, and is not limited to; Care, Compassion, Competence, Communication, Courage (including whistleblowing/ transparency) and commitment.

The nurse cannot be complicit in any fraud with ATOS/DWP, and must ensure that their actions are not in breach of this code (including treating the patient with utmost dignity). The best angle I can see you going with this is to report the nurse to the NMC (if there is a belief that the wrong assessment of your son's condition has led to the stopping of his benefit). This is the hard part, because it has to be proven the nurse has acted in a manner that entails gross misconduct, or if it was ATOS or the DWP that have changed or ignored the nurses accurate assessment of his condition. However, if you felt you were also treated with rudeness or contempt in the interview, this is enough to breach the NMC code, and at it's worst severity is a sackable offence when the NMC are in no doubt the nurse has willfully breached it as such. You first need to complain to the NMC and take it from there. Then if the nurse is at fault, and is sacked, then a judge will automatically question the role of ATOS and DWP, in the fraud and breach of the NMC code. Very complicated indeed, and is not fair. I wish you the best of luck, and in the future I may just have the honour of treating him xx

Fraud is difficult to prove as this is criminal law, not criminology (study of crime). ATOS may likely have immunity as the legal responsibility is normally through the government, ie the secretary of state for DWP. In my view, the best course is not to pursue a legal remedy in the courts but to make a complaint to DWP and then to the Parliament and Health Ombudsman (have to go through your MP first - a formality). It's very difficult to sue the government even where ATOS is carrying out the statutory duty, ie delegated authority by the DWP government. The Tories are little geniuses at covering their backs - for instance far more Tories than Labour are likely to have law degrees from Oxford and Cambridge and simply have covered nearly every loophole hence the public cuts and the benefit reform.

[bluebottle]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

ATOS, as a contractor to a public authority, is subject to the European Convention on Human Rights and Section 6, Human Rights Act 1998, as is the public authority. Section 7 of the Act, for some reason, gives public authorities and their contractors the heebie-jeebies when a Letter Before Action mentioning it hits their in tray.

[Openlaw15]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

ATOS, as a contractor to a public authority, is subject to the European Convention on Human Rights and Section 6, Human Rights Act 1998, as is the public authority. Section 7 of the Act, for some reason, gives public authorities and their contractors the heebie-jeebies when a Letter Before Action mentioning it hits their in tray.

Nope, because the state has the statutory duty and not ATOS - a private company, who is merely carrying out DWP's statutory duty. So, the only claim can be against DWP and not ATOS.

[bluebottle]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Nope, because the state has the statutory duty and not ATOS - a private company, who is merely carrying out DWP's statutory duty. So, the only claim can be against DWP and not ATOS.

Not my understanding. Contractors have same liability as the public authority. Applies to local authority contractors, also.

[Openlaw15]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Not my understanding. Contractors have same liability as the public authority. Applies to local authority contractors, also.

I'll put it another way, keeping it simple the state (ie public authority) is responsible for human rights. In this case DWP is the state with the statutory duty (legal responsibility) under the law. So, because DWP has the duty it is DWP alone who is potentially liable under the Human Rights Act 1998. In the USA, as a comparator, its citizens have rights against companies. However, as the courts are public authorities it's possible they could be forced to comply with human rights, so indirectly there could be rights against ATOS.

[Georgina8888]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Hi.
I (and thousands of others) have been fu**ed over by DWP in this way too. For me it is my PIP.

I would like to take legal action against the DWP for damages.
They are playing a numbers game with people's lives and health. They know that if they don't allow benefits then a % will not take it to appeal to get the decision overturned, thus saving a £%.

So here is some info:

Legal fees crowdfunding:
https://www.crowdjustice.org/how-it-works/

There is a case being taken against DWP for allowing a diabetic veteran to die via sanctions.
http://blacktrianglecampaign.org/201...ctions-regime/

Black Triangle Campaign are also seeking prosecution of DWP and Ian Duncan Smith for neglect of duty of care (or something to that effect).

I have spoken to Atos to find out their complaints procedure and how to take a complaint to the top. The channels are:
Make written complaint.
Investigation by Atos and you must get a response by 20 days.
During this investigation they will get back in touch with DWP. This may or may not give DWP the kick up the arse they need.
If you are not happy with their response (which will probably be a load of crap) write back saying so to escalate it to their Customer relations manager.
They then investigate further.
If you are not happy with their response then you can take it to the regulatory body that investigates Atos. They are called an Independent Case Examiner.


To me it appears Atos is a scapegoat for DWP's policy of making cuts without the legality of parliament.
I read there was a freedom of information request done (by whom I forget) that showed ESA claim numbers fell sharply shortly after the cuts to benefits were defeated in Parliament. So DWP is getting Atos to illegally implement cuts.

Another matter is that if you are going to sue someone then you have to figure out what they have done that is illegal of neglectful.

IMO DWP are using medical reports from Atos which have been found to be unreliable, not fit for purpose, unsafe, inaccurate and in cases falsifying or misrepresentation of the facts.

Because DWP are choosing to use a company whose service is not up to an acceptable quality (and this has been found by the Government select committee) they are neglecting their legal obligation to administer the benefit system to sick and disabled people in accordance with the law.

I am up for researching this further and taking legal action. It's the only way to get through to the people making us all suffer.
The DWP with the help of Atos has damaged my health and taken the life of my unborn child and they are not getting away with it.

I have my Appeal Tribunal in 2 weeks. It's looking hopeful because I went from 0 points to being 1 point short of what's needed for the daily living component of PIP after the reconsideration. It's as if they were having a joke at my expense: here have more points, but not quite enough to be entitled to PIP, which I've been entitled to for the last 2 years with a progressive condition. Grrrr.
I'm going to contact Black Triangle for some help. There are groups/pages on Facebook which tell of the same abuse - Atos miracles is one.
I'll let you know how I get on.

Meanwhile, here's some helpful stuff I've learned about.
It's not easy adapting from healthy and able to being sick and disabled. But coming to terms and getting support makes life much easier. Being proud about getting support will leave you knackered and struggling so the quicker you ask for help the sooner you can improve your quality of life day to day.
Adjusting to the change is bloody hard and I found speaking to a counselling service helps because you have to deal with grieving for your former life and learn to accept what you can do now and appreciate the abilities rather than focus on inability. Pacing activity takes a while to get used to but worth learning.

The local council can help by sending an Occupational therapist round to assess having adaptations made.
I'm having my bathroom done so I can have a shower seat.
This is helpful in providing evidence to DWP on how your condition affects your daily living, which is their means of assessing you for benefits.
If you use adaptations or equipment to do things such as cook, wash, dress, go to the loo these score points on which your benefit is assessed. Equipment can count as a washbasin to support sitting on the loo, lying on bed to dress bottom half of body, holding on to take a shower or a perch stool/seat to make a meal.

These guys are helpful - loads of info on their website.

http://www.disabilityrightsuk.org/ho...advice-workers

Also
http://www.dlf.org.uk


If your son has no money the Council can award an Emergency Payment which can go towards food and household items. It's not much but is a help.

This is an organisation that supports disabled people local to me, there may be one near you or if you phone them they are really helpful and can offer advice on accessing support, especially on dealing with the DWP and their be bureaucratic abuse.

http://www.wecil.co.uk

This is an old article but it mentions names of legal help involved in during Atos and DWP. Below is a link to the lawyer who was on the case.


https://www.theguardian.com/society/2012/dec/13/disabled-man-government-court-benefit-test?0p19G=c

https://www.leighday.co.uk/Our-experts/partners-at-ld/Tessa-Gregory

This has loads of info on complaints procedures and how to claim compensation from DWP.

http://mylegal.proboards.com/thread/761/dwp-atos-why-sue-court