Florence and Employment Support Allowance Sanctions

She has a diagnosis of agoraphobia and social anxiety with associated psychosis and until recently was under the care of the Early Intervention Team. Her conditions are long term and enduring.

She finds it difficult to go out anywhere alone without support from her partner due to her symptoms of depression and psychosis. She experiences thoughts and beliefs that she is being watched and that other people know her thoughts and every day moments. These feelings overwhelm her and can lead to intense anxiety and emotional states, and she can’t cope with groups of people. She generally manages these feelings well, with support from her partner and various coping techniques she developed while with mental health services. At times of stress or pressure these feelings intensify and coping with daily life becomes incredibly difficult for Florence. She becomes withdrawn, struggles to concentrate and her thinking becomes erratic and disorganised. Her symptoms of psychosis increase.

Following a work capability assessment (WCA), on 1 March 2016 the DWP decided Florence is entitled to ESA and awarded points for:

• getting about. Being unable to get to a specified place with which the claimant is familiar, without being accompanied by another person (Activity 15 (b) 9 points)
• coping with social engagement due to cognitive impairment or mental disorder. Engagement in social contact with someone unfamiliar is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the claimant (Activity 16 (c) 6 points).

Florence was referred to BlueSky Work Programme in Barchester in April 2016. On her first and all subsequent appointments, she attended with help from her partner. She explained the extent of her illnesses and the limitations these impose on her, in particular the difficulties she has attending appointments without support and being around groups of people. She also explained she does not cope well with stress or pressure, and how this can exacerbate her psychosis.

Despite this however she was mandated to participate in various inappropriate courses, for example:

•  a skills course: The tutor for this course decided that it was inappropriate for Florence to attend with a support worker and arranged her withdrawal from the course
•  a four-week computer course: Florence had to leave half way through the first day because she wasn’t coping in the group situation.

Throughout her time at BlueSky, Florence was required to attend frequent face to face appointments which she found increasingly upsetting. They were held in an open plan office with very limited privacy, leaving her feeling extremely vulnerable. She felt she was being watched and that other people had detailed knowledge of her life, leading to extreme feelings of anxiety.

Florence asked to use one of the computers at quiet times and if she could attend less frequently. Florence was told she would “need to fulfil a predetermined programme” and that if she was not happy she should appeal her ESA decision.

Florence became distressed and her condition deteriorated. She experienced increasingly intrusive thoughts and her psychotic symptoms became more frequent. She believed ‘continuing with BlueSky would be detrimental to her mental health, and also affect other physical health issues that she had been coping with.

Florence told her adviser that at BlueSky she frequently became very emotional. She felt sure that everyone, including members of staff, were staring at her intently. She told her adviser that after these appointments she would go home and “just fall apart”.

An apology.

Better treatment in future: more appropriate work-related activity.

The DWP did not identify that Florence was ‘a vulnerable customer’.

Or argue discrimination in breach of section 15 and section 29: unfavourable treatment because of something arising in consequence of a disability (to ensure that sanctions not imposed, and her ESA is restored immediately).

An adviser should investigate the facts and ask questions to find out what went wrong and to identify the kind of discrimination. If unsure, seek specialist advice.

Florence was immediately offered reasonable adjustments, including monthly support by telephone and referral to wellbeing services on a one to one basis.

The adviser also wrote a complaint letter (and request for mandatory reconsideration) to the DWP Complaints Resolution Team. The letter requested:
• all the sanctions decisions were revised
• assurances that a personalised and realistically tailored work-related activity will continue to be made for Florence
• an apology
• compensation to Florence sufficient to reflect the distress caused
• details of what is being done to ensure that this does not happen again
• confirmation that BlueSky would be reminded of their duties under the Equality Act to make reasonable adjustments at all stages of a claimant journey.