E .v. Maximus Ltd (Claimant unable to access DWP assessment centre)

The Claimant has a Musculoskeletal Problem, Learning Difficulties and Mental Health Problems which the DWP had recognised since 22 May 2012 when she was placed in the Support Group for ESA. She is a blue badge holder and was awarded the enhanced rate of mobility for activity 2(e). She also receives the standard rate of the daily living component of PIP. She cannot walk for more than 20 metres, and she does not travel outside of her local area because of pain which she suffers from being seated for long, and because she becomes anxious in places which are unfamiliar. She is therefore deemed to have a disability within the meaning of s.6 of the Equality Act 2010 (“the Act”).

The Claimant was invited to Swansea on Monday 16/03/2020 for an Assessment to validate that she remains entitled to her benefits payments.

The Defendant had been notified on numerous occasions in the past that the Claimant cannot access the Swansea assessment centre. The assessment rooms are on the fourth floor. The rooms can be accessed by lift. Lifts cannot be used during an emergency. There are 82 steps to the ground floor. 

Outcome: 

  • A written apology
  • An undertaking that ‘E’ will not be requested to attend the Swansea assessment centre for so long as it is not accessible to her. If, for example, the assessment centre  moved to a different venue in Swansea which was accessible to ‘E’, Maximus may call her to attend for an assessment in Swansea.
  • £2,500 in damages

Case Handled by Carrie ClewesPhoto of Carrie Clewes with Fry Law Logo in the background

About the Author

Chris Fry

Chris is the founder of Fry Law.