The mother of a housebound disabled woman who killed herself following a benefits cut has welcomed “the chance of getting justice” for her daughter after winning her legal battle for a fresh inquest into her death.
Jodey Whiting, 42, from Stockton-on-Tees, died in February 2017 around two weeks after her disability benefit was stopped when she did not attend a work capability assessment.
Her mother, Joy Dove, challenged a ruling given in June last year by two High Court judges, who refused to order a new inquest to investigate the role of the Department for Work and Pensions (DWP) in Ms Whiting’s death.
She took her fight to the Court of Appeal, where judges heard her case in January and on Friday ruled there should be a new inquest, heard by a different coroner.
In a statement after the ruling, Ms Dove said: “I am so pleased and grateful to the Court of Appeal and I would like to thank the judges that considered Jodey’s case.
“We buried Jodey just over six years ago and finally my family and I have the chance of getting justice for Jodey.
“Jodey is never going to be forgotten and her death was not in vain, she’s helping others and her legacy will live on.”
Ms Dove added: “We have always believed that the DWP wrongly stopping Jodey’s benefits caused her death and the High Court’s refusal caused such disappointment not just for me and my family, but others too who have lost loved ones after DWP mistakes and who continue to fight for accountability from the DWP.
“This is a victory not just for us but for all those families and others still on the receiving end of awful treatment by the DWP.
“I hope the DWP learn from their tragic failings.”
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.
Lady Justice Whipple said in the ruling: “I think it is in the interests of justice that Mrs Dove and her family should have the opportunity to invite a coroner, at a fresh inquest, to make a finding of fact that the (DWP’s) actions contributed to Jodey’s deteriorating mental health and, if that finding is made, to invite the coroner to include reference to that finding in the conclusion on how Jodey came by her death.”
She added: “I reach that conclusion for the following reasons. First, the extent to which the (DWP’s) actions contributed to Jodey’s mental health is a matter of real significance to Mrs Dove and her family. It is reasonable for them to press for that matter to be investigated as part of the inquest into Jodey’s death.
“The coroner may or may not make the findings which Jodey’s family seeks, but either way, this is part of determining the ‘substantial truth’.
“Secondly, there is a public interest in a coroner considering the wider issue of causation raised on this appeal.
“If Jodey’s death was connected with the abrupt cessation of benefits by the department, the public has a legitimate interest in knowing that.
“After all, the department deals with very many people who are vulnerable and dependent on benefits to survive, and the consequences of terminating benefit payments to such people should be examined in public, where it can be followed and reported on by others who might be interested in it.”
The judge said it is also in the public interest that the coroner be given the opportunity to consider whether a prevention of future deaths report is warranted, and said the coroner may wish to hear from the DWP at the second inquest about what remedial steps have already been taken.
A Government spokesperson said: “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.”
The coroner at the original inquest, which lasted 37 minutes, recorded a verdict of suicide.
At the appeal hearing in January, Ms Dove’s lawyers said the first inquest did not investigate “whether any acts or omissions of the DWP caused or contributed to Ms Whiting’s death” and argued the High Court judges reached the wrong conclusions.
They argued another inquest was necessary to consider fresh evidence of “multiple, significant failings” by the DWP when it terminated Ms Whiting’s employment and support allowance (ESA), which was not before the coroner at the time of the first inquest.
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.
In late 2016, the DWP started to reassess Ms Whiting, who said she needed a house visit as she was housebound, had severe anxiety and was unable to walk more than a few steps.
Ms Dove’s lawyers argued at the High Court in 2021 that a house visit was not properly considered before the DWP terminated her disability benefit, which led to Ms Whiting’s housing benefit and council tax benefit also being terminated.
The decision to terminate Ms Whiting’s benefit was overturned on March 31, weeks after her death.
The independent case examiner, which investigates complaints about the DWP, later found multiple breaches of department policy, significant errors by staff and several “missed opportunities” for the DWP to reconsider the claim.
