The Equality and Human Rights Commission (EHRC) has completed a draft report examining allegations of unlawful treatment of disabled benefit claimants by the Department for Work and Pensions (DWP), nearly two years after the inquiry was launched under the previous government.
The commission has told Disability News Service (DNS) that the draft report addresses potential “unlawful acts” committed by successive work and pensions secretaries, some of which may have contributed to claimant deaths. The DWP has submitted its response to the draft, which the EHRC is now reviewing before final publication.
Scope of the Inquiry
Launched in May 2024, the inquiry focuses on events from January 2021 onwards. However, there were initial concerns that this timeframe excluded evidence linked to high-profile deaths, including those of Philippa Day (September 2019), Jodey Whiting (February 2017), Michael O’Sullivan (September 2013), Roy Curtis (November 2018), and Errol Graham (spring 2018).
The investigation is believed to concentrate on the tenure of three secretaries of state: Therese Coffey, Chloe Smith (who served less than two months in 2022), and Mel Stride, who was in office during the 2024 general election and is now the Conservative shadow chancellor.
Focus on Disabled Claimants
The EHRC has said the inquiry examines whether the DWP failed to make reasonable adjustments for claimants with mental health conditions or learning difficulties during benefit assessments. It also assesses compliance with public sector equality duties under the Equality Act when developing, implementing, and monitoring assessment guidance.
Mark Harrison, steering group member of the Reclaiming Our Futures Alliance, highlighted the stakes: “My hope is that all those who have died at the hands of DWP ministers and discriminatory policies will get justice. We raised this continually with politicians and DWP senior staff, who ignored us. We also reported these violations of disabled people’s human rights to the UN committee on the rights of disabled people.”
Harrison criticized successive governments for policies he says have increased mental distress and left disabled claimants at risk of starvation and homelessness. He added: “We successfully repelled the cuts to PIP but were unable to change the regressive changes to Universal Credit. Once the report is published, we will explore all options to hold the current government’s feet to the fire to force them to comply with their obligations and duties in line with domestic legislation and international treaties. We owe this to the people who died unnecessary deaths and all those today experiencing the same injustices.”
Historical Context
DNS reported in 2024 that EHRC was first advised six years earlier to launch an inquiry into deaths linked to the DWP. Despite significant evidence showing links between the work capability assessment process, sanctions, and claimant deaths, the commission initially refused to act, opting instead to discuss and redraft proposals for an inquiry.
A former senior EHRC staff member told DNS that inquiries “were never prioritised” when they should have been. Had the EHRC acted earlier, it could have accessed decades of internal DWP reviews conducted when claimants died, with more than 250 reports completed between 2012 and 2022.
The inquiry was revisited in early 2020 following reports on the death of Errol Graham, who starved after his ESA claim was wrongly stopped. The COVID-19 pandemic temporarily delayed plans, with EHRC refocusing on health and social care. The eventual 2024 inquiry was more limited, and it is unclear how far back the investigation delved into DWP history.
The commission did not take evidence from the families of deceased claimants but reportedly heard from DWP whistleblowers, disabled people’s organisations, welfare advisers, researchers, and DWP staff.
Current Status
An EHRC spokesperson told DNS: “In May 2024 we launched an investigation into the Department for Work and Pensions (DWP), due to concerns that the department may be failing to make reasonable adjustments for disabled people with learning disabilities or long-term mental health conditions during health assessment determinations.
“We are also assessing the department’s compliance with the public sector equality duty using our powers under section 31 of the Equality Act 2006. We have served the department with our draft investigation and assessment report setting out our findings. In accordance with the Equality Act 2006, the DWP has the opportunity to make representations which we must consider before finalising the report. The DWP has provided representations which we are now considering. In line with section six of the Equality Act, we are unable to share any further details at this point.”
The DWP has stated it will consider commenting once the report is officially published.
FAQs
1. What is the EHRC inquiry about?
It investigates whether the DWP unlawfully treated disabled claimants and failed to make reasonable adjustments during benefit assessments.
2. When was the inquiry launched?
May 2024.
3. Which secretaries of state are under investigation?
Therese Coffey, Chloe Smith, and Mel Stride.
4. Were families of deceased claimants involved?
No, the EHRC did not take evidence from families but consulted whistleblowers, advocacy groups, and DWP staff.
5. What stage is the report at now?
The draft report has been submitted to the DWP, whose responses are under consideration before final publication.
