Court rules that Atos Tests unfair on Survivors

[madmark]

On Wednesday 22nd May the Judge Upper Tribunal handed down a historic judgement which officially confirms what survivors and disabled people have been saying for years now, that the hated ATOS tests are unfair.

This was the Judicial Review into the way in which mental health survivors were being transferred from Incapacity Benefit to either Jobseekers Allowance or Employment and Support Allowance via the tests administered on behalf of the Government by the French Computing Multinational ATOS. The panel of Judges largely upheld the Plaintiff's claims (mental health survivors supported by MIND and Rethink) - and held that they were subject to "substantial disadvantage".

Survivors, mental health service users, the mental health voluntary sector and the wider Disabled People's movement are celebrating a famous victory in the Courts. This is at a time following the Banking and Corporation Tax Crisis, when everything seems stacked against them and the odds seemed insurmountable.

So we have what the Court thinks - that it is wrong - but so far they have not said what they are going to order to put it right. The "remedy" is supposed to come after a short hearing in July and two days of proceedings in the last two weeks of September.

Meanwhile, while the Court refused the Government's application to appeal, the Government will ask again, this time from the Court of Appeal. They are unlikely to be refused. That will throw the timetable planned at the moment out.

While financial restitution could still be years away (if it comes at all), nonetheless this is a great moral victory.



Mental Health Resistance Network Facebook Page is here
http://www.facebook.com/pages/Mental-Health-Resistance-Network/479666938752033?ref=ts&fref=ts

Huffington Post Article
http://www.huffingtonpost.co.uk/2013/05/22/iain-duncan-smith-fit-for-work-test-actively-discriminates_n_3319016.html

Guardian Piece by Amelia Gentleman
http://www.guardian.co.uk/society/2013/may/22/fitness-work-tests-mental-health-unfair?INTCMP=SRCH

BBC Piece
http://www.bbc.co.uk/news/uk-22620894