If DWP pressures an individual to work despite the concerns of the GP/individual and their health suffers as a result, who in DWP is culpable?
Individuals who are allowed Employment and Support Allowance cannot be asked to work, instead those in the work-related activity group are asked to prepare for work and those in the Support Group are provided with unconditional support.Dear DWP Adelphi Freedom-of-Information-Request,
Thank you for this, but your response does not address the important issue here.
There have already been many cases where a DM has judged people fit for work when their GP has felt otherwise. If doctors do not exercise due diligence, they can be held culpable, which is perhaps
why they might be inclined to err on the "safe" side. Whether they like it or not, in altering the GP's judgment, a DM unavoidably assumes the same responsibility. You cannot sidestep this when you
have placed the individual in such a potentially invidious position. If a DM judges someone fit for work and they are wrong and their error has serious repercussions, they must face the consequences. They cannot assume the authority without also assuming the accountability.
Do they document a risk assessment for each case they judge? If not, do you think they should? If something goes wrong and there has been no risk analysis, the legal consequences are well
established through H&S legislation.
FoIA link at http://www.whatdotheyknow.com/request/support_group_associated_risks#incoming-232178