The mother of a disabled woman who committed suicide after having her benefits reduced has succeeded in getting a new inquest into her daughter’s death from the Court of Appeal.
Last year, Joy Dove appealed a decision reached by two High Court judges.
Jodey Whiting, her 42-year-old daughter from Stockton-on-Tees, passed away in February 2017 just two weeks after her disability benefits were terminated because she failed to show up for a work capability exam.
Judges had refused to order a new inquest to investigate the role of the Department for Work and Pensions (DWP) in the death.
Lady Justice Whipple, sitting with Lord Justice Lewis and Lord Justice William Davis, said in the ruling that a fresh inquest is ‘desirable in the interests of justice’.
The judge said the public has a ‘legitimate interest’ in knowing whether Ms Whiting’s death was connected with the abrupt stopping of her benefits.
A government spokesperson responded to the news: ‘Our sincere condolences remain with Ms Whiting’s family. DWP is ready to assist the new Coroner with their investigation. We cannot comment on active legal proceedings.’
Ms Whiting had received benefits for more than a decade due to serious, long-term physical and mental health issues, including severe pain and a history of self-harm.
The coroner at the original inquest, which lasted 37 minutes, recorded a verdict of suicide.
Jeremy Hyam KC, representing Ms Dove during the appeal process, had described Jodey as a ‘much-loved daughter, mother and grandmother’.
He previously said: ‘The (High Court) described the DWP’s errors, as reported by the independent case examiner, as “shocking”.
‘The inquest into Ms Whiting’s death did not – because it was not available – consider this evidence at all.
‘(The psychiatric) evidence, if accepted at a fresh inquest, shows a clear causal connection between the DWP failures, a subsequent depressive impact and the likely activation of her suicidal ideation in the period immediately before she took her own life.’
Lawyers representing the DWP had argued the High Court reached the correct conclusion and that Ms Dove’s appeal should be dismissed.
Jonathan Dixey, for the department, said that in order to succeed, Ms Dove would have to establish that there was a legal duty on the DWP to ‘take steps to avert a real and immediate risk of a benefit claimant committing suicide’.
He added: ‘The DWP did not exercise any or any sufficient control over Ms Whiting. Moreover, the DWP is not resourced or endowed with powers to control those who claim or receive benefits payments.’
Ms Dove previously wrote a book detailing her situation and battle with the DWP, entitled ‘A Mother’s Job.’