DWP: Family of Mum-Of-Nine Who Took Her Own Life After Benefits Battle Apply To Quash Inquest
Monday 21 December, 2020 Written by Mike BrownSenior Reporter/Content Editor, Teeside LiveSUICIDE - A mum has applied to quash an inquest into the death of her daughter, who took her own life after her benefits were stopped.
Joy Dove has battled for justice for her daughter Jodey Whiting for three years, winning a personal apology from the Department for Work and Pensions (DWP) after an independent review found "multiple failings" in the way the Government department had handled the case.
Jodey, a grandmother and mum-of-nine who lived in Thornaby, suffered multiple physical and mental health difficulties, took 23 tablets a day and was entirely dependent on welfare benefits.
Jodey, 42, took her own life in February 2017 shortly after her benefits were stopped - as she'd missed an appointment while seriously ill.
But Joy says a 37-minute inquest into her death held at Teesside Coroner's Court did not consider the role the DWP played in her death.
DWP staff later had to apologise for leaving a message on Jodey's voicemail, even after being notified of her death.
Now, Jodey's family has applied to quash that inquest - and seek a second so that the DWP's role can be carefully considered.
Joy said: "I believe my Jodey would still be here today if it had not been for the way she was treated by the DWP.
"It was heartless and cruel and a breach of their own rules to treat Jodey in the way they did. They knew she was vulnerable, but they took no notice of her pleas for a home visit for an assessment and then just cut off her ESA. It was too much for her to bear.
"I think they must be made to answer for their actions towards my daughter."
Teesside Live has approached the DWP for comment.
Joy Dove and (left) her late daughter Jodey Whiting
The application for a fresh inquest was made at the High Court on Friday, 18 December, with the coroner and DWP served with a copy of the documents.
In November, the office of the Attorney General gave Joy permission to apply for a second inquest after Leigh Day solicitors argued on her behalf that the original inquest was insufficient.
The application explains that Jodey had a history of overdoses and had a mental health flag on the DWP’s system due to concerns that she would be at mental health risk if her benefits were terminated.
For several years, she had received higher-rate Employment Support Allowance (ESA), given to vulnerable claimants who suffer from physical or mental conditions which limit their ability to work.
The family's solicitor argues the DWP should have been aware that terminating ESA is liable to deprive vulnerable individuals like Jodey of the means to survive and exposes them to significant distress and anxiety and went against the department's own safeguarding policies.
These are all matters Jodey’s family say must be investigated in a second inquest.
Six weeks after Jodey’s death, the DWP overturned the decision to terminate her ESA.
The application to the High Court is supported by an independent case examiner’s report, which was produced after Joy complained to the DWP, and is overly critical of the DWP’s handling of Jodey’s claim.
The family have also sought the opinion of an independent consultant psychiatrist which will be presented to support their application.
Merry Varney, partner at Leigh Day solicitors, said: "Jodey’s family are asking the High Court to order a fresh inquest into Jodey’s death so that their concerns about the impact on Jodey of failings by the DWP in their handling of her ESA claim can be fully and fearlessly investigated in a public forum, in a manner in which they can participate.
“Since the first Inquest Jodey’s family have learned how the DWP did have safeguards in place yet failed to implement these, despite Jodey’s mental and physical ill health and how her request was for a home visit was simply ignored.
"It is hoped that both for Jodey’s family and other individuals vulnerable to similar treatment by the DWP that the High Court will agree it is necessary in the interests of justice and on human rights grounds for the first narrow inquest to be quashed and a second inquest take place to consider whether Jodey’s death was caused or contributed to by the DWP.”
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- Comment Link Monday 21 December, 2020 posted by Simon Collyer
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