Skip to content
Advertisements

Family Successfully Sue Capita After PIP Claimant’s Death

February 22, 2019

With many thanks to Benefits And Work.

The family of a woman who died after being refused PIP following a Capita assessment have received £10,000 in compensation for maladministration, the BBC reported today.

Victoria Smith died last July, weeks after having her PIP award stopped. The decision was made when Ms Smith was reassessed for PIP having previously received it.

A mandatory reconsideration request was unsuccessful and shortly after getting the news Ms Smith was admitted to hospital, where she died.

Ms Smith’s mother said that the decision ‘destroyed’ her:

“When they took away her ability to look after herself, to have a way of life, she gave up.”

The week after she died, a tribunal found that she was eligible for PIP.

Ms Smith’s family sued Capita for maladministration on the grounds that the assessment report contained inaccurate statements.

The court found in favour of the family and awarded £10,000 in compensation.

Capita, however, maintain that their report was correct, based on the information they were given at the time.

They claim that due to a procedural issue their full response to the claim was not considered by the court and they say they have now asked the court to investigate the issue.

You can read the full story on the BBC website.

Advertisements
2 Comments leave one →
  1. February 22, 2019 12:44 am

    Reblogged this on sdbast.

  2. February 22, 2019 3:30 am

    “have received £10,000 in compensation for maladministration”

    “Ms Smith’s family sued Capita for maladministration on the grounds that the assessment report contained inaccurate statements.”

    How come Capita employing BBC hasn’t heard of Fraud, Misconduct in Public Office, Murder or the POLICE?

    How come WCA Quacks union Unison Loving ‘Benefits And Work’ hasn’t heard of Fraud, Misconduct in Public Office, Murder or the POLICE?

    How come courts run by (ex DWP) Minister of Justice David Gauke haven’t heard of Fraud, Misconduct in Public Office, Murder or the POLICE?

    How come ‘the family’s hearse chasing fee grabbing Lawyers haven’t heard of Fraud, Misconduct in Public Office, Murder or the POLICE?

    How come Samedifference1 STILL hasn’t learnt how to click on a link?

    Fraud Act 2006 –
    http://www.legislation.gov.uk/ukpga/2006/35/contents

    Misconduct in Public Office –
    http://www.cps.gov.uk/legal/l_to_o/misconduct_in_public_office/

    (Meaning of Public Function) Human Rights Act 1998 –
    http://www.publications.parliament.uk/pa/cm200708/cmbills/045/08045.i-i.html

    Criminal Attempts Act 1981 –
    http://www.legislation.gov.uk/ukpga/1981/47/contents

    ABH/GBH
    http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/

    Homicide: Murder and Manslaughter –
    http://www.cps.gov.uk/legal/h_to_k/homicide_murder_and_manslaughter/

    Assisting an Offender – section 4(1) Criminal Law Act 1967 –
    http://www.legislation.gov.uk/ukpga/1967/58/section/4

    Concealing an Arrestable Offence: s.5 Criminal Law Act 1967 –
    http://www.legislation.gov.uk/ukpga/1967/58/section/5

    Serious Crime Act 2007 – Encouraging or Assisting Crime –
    http://www.legislation.gov.uk/ukpga/2007/27/part/2

    Accessories and Abettors Act 1861 –
    http://www.legislation.gov.uk/ukpga/Vict/24-25/94/crossheading/as-to-abettors-in-misdemeanors

    Perverting The Course of Justice –
    http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/

What are you thinking?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: