The Court of Appeal has upheld a ruling which found that the process used to decide whether hundreds of thousands of people are eligible for Employment and Support Allowance (ESA) disadvantages people with mental health problems, learning disabilities and autism.
The original judgment, which was made public at an Upper Tribunal hearing in May this year, was the result of a Judicial Review brought by two anonymous claimants with mental health problems.
The Department for Work and Pensions (DWP) immediately appealed against the judgment and the Judicial Review was put on hold. Now that the DWP has lost their appeal, the Judicial Review will continue. A final judgment is expected next year unless the DWP decide to take the case to the Supreme Court.
The charities Rethink Mental Illness, Mind and the National Autistic Society intervened in the case to provide evidence based…
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