-What exactly has taken place between you and DWP, where you feel this matter may be discriminatory?
-What exactly has taken place between you and DWP, where you directly accuse DWP of violating the Serious Crime Act?
The information I've understood clearly,
I answered the questions using the
-Equality-Act-2010-,
The Disability Discrimination Act 1995, and the
Human Rights Instruments
Convention on the Rights of Persons with Disabilities, and Judge Over Your Shoulder
Parts 3 to 7 and 12 Disability A requirement of an enactment
A relevant requirement or
condition imposed by virtue of
an enactment
-What is the nature of the individual’s disability that you care for?
Learning difficulties.
Recognised Carer: full-time.
Equality Act 2010 (c. 15)
Schedule 1 — Disability: supplementary provision
Impairment
1 Regulations may make provision for a condition of a prescribed description
to be, or not to be, an impairment.
Long-term effects
2 (1) The effect of an impairment is long-term if—
(c) it is likely to last for the rest of the life of the person affected
Deemed disability
7 (1) Regulations may provide for persons of prescribed descriptions to be treated
as having disabilities.
-How does this issue link to their disability?
This links to the protected characteristic:
4 The protected characteristics
6 Disability
Adjustments for disabled persons
20 Duty to make adjustments
21 Failure to comply with duty
22 Regulations
PART 5
WORK
CHAPTER 1
EMPLOYMENT, ETC.
Office-holders
49 Personal offices: appointments, etc.
50 Public offices: appointments, etc.
51 Public offices: recommendations for appointments, etc.
52 Interpretation and exceptions
Equality Act 2010
You are here:
UK Public General Acts2010 c. 15 Part 5Chapter 1QualificationsSection 53
(5)A qualifications body (A) must not victimise a person (B) upon whom A has conferred a relevant qualification—
(a)by withdrawing the qualification from B;
(b)by varying the terms on which B holds the qualification;
(c)by subjecting B to any other detriment.
(6)A duty to make reasonable adjustments applies to a qualifications body.
(7)The application by a qualifications body of a competence standard to a disabled person is not disability discrimination unless it is discrimination by virtue of section 19.
19Indirect discrimination
(3)The relevant protected characteristics are—disability;
54Interpretation
(5)A reference to conferring a relevant qualification includes a reference to renewing or extending the conferment of a relevant qualification.
(6)A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability.
Part 9 (enforcement).
(3)A person (A) who manages premises must not victimise a person (B) who occupies the premises—
(a)in the way in which A allows B, or by not allowing B, to make use of a benefit or facility;
(b)by evicting B (or taking steps for the purpose of securing B's eviction);
(c)by subjecting B to any other detriment.
21Failure to comply with duty
(1)A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.
(2)A discriminates against a disabled person if A fails to comply with that duty in relation to that person.
(3)A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise.
(2)Disability discrimination is—
(2)Disability discrimination is—
(a)discrimination within section 13 because of disability;
(b)discrimination within section 15;
(c)discrimination within section 19 [F2or 19A] where the relevant protected characteristic is disability;
(d)discrimination within section 21.
26Harassment
(1)A person (A) harasses another (B) if—
(a)A engages in unwanted conduct related to a relevant protected characteristic, and
(b)the conduct has the purpose or effect of—
(i)violating B's dignity, or
(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(2)A also harasses B if—
27Victimisation
(1)A person (A) victimises another person (B) if A subjects B to a detriment because—
(a)B does a protected act, or
(b)A believes that B has done, or may do, a protected act.
(2)Each of the following is a protected act—
(a)bringing proceedings under this Act;
(b)giving evidence or information in connection with proceedings under this Act;
(c)doing any other thing for the purposes of or in connection with this Act;
(d)making an allegation (whether or not express) that A or another person has contravened this Act.
(3)Giving false evidence or information, or making a false allegation, is not a protected act if the evidence or information is given, or the allegation is made, in bad faith.
(4)This section applies only where the person subjected to a detriment is an individual.
(5)The reference to contravening this Act includes a reference to committing a breach of an equality clause or rule.
31Interpretation and exceptions
(7)A reference to a service-provider not providing a person with a service includes a reference to—
(a)the service-provider not providing the person with a service of the quality that the service-provider usually provides to the public (or the section of it which includes the person), or
(b)the service-provider not providing the person with the service in the manner in which, or on the terms on which, the service-provider usually provides the service to the public (or the section of it which includes the person).
(6)A reference to a person requiring a service includes a reference to a person who is seeking to obtain or use the service.
Equality Act 2010 (c. 15)
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
(7) A person (A) who is subject to a duty to make reasonable adjustments is not
(subject to express provision to the contrary) entitled to require a disabled
person, in relation to whom A is required to comply with the duty, to pay to
any extent A’s costs of complying with the duty.
21 Failure to comply with duty
(1) A failure to comply with the first, second or third requirement is a failure to
comply with a duty to make reasonable adjustments.
(2) A discriminates against a disabled person if A fails to comply with that duty in
relation to that person
-How do the letters outline any discrimination taking place?
The Disability Discrimination Act 1995 (Amendment) Regulations 2003
You are here:
UK Statutory Instruments2003 No. 1673PART 2Regulation 15
Discriminatory advertisements
16B
(1) It is unlawful for a person, in relation to a relevant appointment or benefit which he intends to make or confer, to publish or cause to be published an advertisement which—
(a)invites applications for that appointment or benefit; and
(b)indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—
(i)the applicant not having any disability, or any particular disability, or
(ii)any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).
(2) Subsection (1) does not apply where it would not in fact be unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 3 for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.
(3) In subsection (1), “relevant appointment or benefit” means—
(a)any employment, promotion or transfer of employment;
(b)membership of, or a benefit under, an occupational pension scheme;
(c)an appointment to any office or post to which section 4D applies;
(d)any partnership in a firm (within the meaning of section 6A);
(e)any tenancy or pupillage (within the meaning of section 7A or 7C);
(f)any membership of a trade organisation (within the meaning of section 13);
(g)any professional or trade qualification (within the meaning of section 14A);
(h)any work placement (within the meaning of section 14C);
(i)any employment services (within the meaning of Part 3).
(4) In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.
Instructions and pressure to discriminate
16C
(1) It is unlawful for a person—
(a)who has authority over another person, or
(b)in accordance with whose wishes that other person is accustomed to act,
to instruct him to do any act which is unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 3, or to procure or attempt to procure the doing by him of any such act.
(2) It is also unlawful to induce, or attempt to induce, a person to do any act which contravenes this Part or, to the extent that it relates to the provision of employment services, Part 3 by—
(a)providing or offering to provide him with any benefit, or
(b)subjecting or threatening to subject him to any detriment.
(3) An attempted inducement is not prevented from falling within subsection (2) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.”.
(2) In the cross-heading preceding section 17, omit the words “and insurance services”.
Victimisation
21. In section 55(1) (victimisation), at the end, add the following subsections—
“(5) In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 6A, 7A, 7C, 13, 14A, 14C and 16A also apply to discrimination against a person who is not disabled.
(6) For the purposes of Part 2 and, to the extent that it relates to the provision of employment services, Part 3, subsection (2)(a)(iii) has effect as if there were inserted after “under” “or by reference to”.”.
29 (1) Schedule 1 (the Commission: constitution, etc.) is amended as follows.
(2) In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability
Discrimination Act 1995 (c. 50)” substitute “Parts 2, 3, 4, 6, 7, 12 and 13 of the
Equality Act 2010, in so far as they relate to disability”.
(3) In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)”
substitute “Part 5 of the Equality Act 2010”
Equality Act 2010 (c. 15)
Schedule 28 — Index of defined expressions
236
Association Section 107(2)
Auxiliary aid Section 20(11)
Breach of an equality clause or rule Section 212(8)
The Commission Section 212(1)
Commonhold Section 38(7)
Contravention of this Act Section 212(9)
Crown employment Section 83(9)
Detriment Section 212(1) and (5)
Disability Section 6(1)
Disability discrimination Section 25(2)
Disabled person Section 6(2) and (4)
Discrimination Sections 13 to 19, 21 and 108
Disposal, in relation to premises Section 38(3) to (5)
Employer, in relation to an
occupational pension scheme
Section 212(11)
Employment Section 212(1)
Enactment Section 212(1)
Equality clause Section 212(1)
Equality rule Section 212(1)
Firm Section 46(2)
Harassment Section 26(1)
Expression Provision
Protected characteristics Section 4
-What are you considering asking for a judicial review for exactly?
A judicial review claim based on the breach of an ECHR right.
DEFINED TERM
Legitimate expectation
A legitimate expectation is where a public
body acts in a way or says that it will
act in a way that means that people are
entitled to rely on them acting that way,
for example a promise may be made that
consultation will be carried out before a
decision is made or it may be that the
public body has always consulted in the
past before certain decisions are made
and so they expect that to happen again
(see more detail in the section entitled
Legitimate expectation).
DEFINED TERM
Ultra vires
This term literally means ‘beyond the
powers’ in Latin. For example, if a
decision maker acts outside their power
for a purpose that the power was not
created to achieve, that action (often in
the form of a decision) will be ultra vires.
The Convention, or the ECHR
The European Convention on Human
Rights.
DEFINED TERM
ECHR rights
These are rights from the European
Convention on Human Rights as
incorporated into UK law and set out in
Schedule 1 to the Human Rights Act
1998. These rights are not affected by our
exit from the EU. For more details, see
Appendix 1.
Human Rights Act
The Human Rights Act 1998 brought the
rights from the European Convention on
Human Rights into domestic law and gave
people the right to bring claims in UK
courts for breach of human rights.
Legitimate expectation
2.91 Where a decision maker expressly,
or through custom or previous conduct,
gives a person reason to believe that a
particular outcome will result, that person
may have a ‘legitimate expectation’ that it
will occur. This is a legal test and can be
a difficult one, so you should always seek
advice from your departmental lawyers
about conduct or promises that have
been made.
2.92 The expectation may be that a
particular procedure will be followed (for
example, that the person will be consulted
before a change in policy) or that a
substantive benefit will be conferred (for
example, that a policy will continue to be
applied).
2.93 If the court accepts that a legitimate
expectation has arisen, it may rule that
in breaching that legitimate expectation
the decision maker acted unfairly and
unlawfully.
2.94 In considering whether a breach
of a legitimate expectation is unlawful,
a balance has to be struck between
the public and the private interest. A
public authority can override a person’s
legitimate expectation if the overriding
public interest requires it.
2.95 Whether a legitimate expectation
has arisen will depend on a number of
factors. For example:
• were the words or conduct (the
promise or ‘representation’) which
gave rise to the expectation clear and
unequivocal?
• did the person promising the benefit
have the legal power to do so?
• was the promise directed to the person
seeking to enforce it?
• was the promise made by the same
authority against which a person is
seeking to enforce it?
• did the person to whom the promise
was made take action in reliance on it,
which placed him in a worse position
than he otherwise would have been?
(This is not always necessary.)
2.96 Whether the court will conclude that
it was unfair and unlawful for a decision
maker to breach a legitimate expectation
will similarly depend on a number of
factors. For example:
• how important was the promised
benefit to the individual and did it relate
to their fundamental rights?
• was the promise directed to a
particular individual or a particular set
of individuals, or was it directed to the
public at large, and how firm and clear
was it?
• did the person to whom the promise
was made take action in reliance on it,
which placed him in a worse position
than he otherwise would have been (as
above)?
• how strong was the public interest in
departing from the promise?
Human Rights Instruments
CORE INSTRUMENT
Convention on the Rights of Persons with Disabilities
Article 27 - Work and employment
States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia:
Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;
Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;
Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;
Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;
Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment;
Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one's own business;
Employ persons with disabilities in the public sector;
Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;
Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;
Promote the acquisition by persons with disabilities of work experience in the open labour market;
Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.
States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour.
Misfeasance in public office
3.128 Misfeasance in public office is a tort
(a civil wrong), which could give rise to a
private law claim for damages.
3.129 Misfeasance in public office is
established if it can be shown that the
decision maker was not merely negligent,
but acted with malice. In this context,
acting with ‘malice’ includes any one of
the following:
• proof of the decision maker’s spite or
ill-will (in the sense of an act intended
to do harm to a particular individual),
for example where a prison officer
unjustifiably penalises a prisoner
out of spite
• proof the decision maker knew they
were acting unlawfully and that this
would cause injury to some person
• proof the decision maker was
recklessly indifferent to the fact that
they had no power to do the act
complained of and that act would
probably cause harm to a person or
group of people
Understanding the public
sector equality duty
4.1 The public sector equality duty (PSED)
aims to bring equality issues into the
mainstream of policy consideration. This
means that public bodies have to consider
how their policies, programmes and service
delivery will affect people with particular
protected characteristics. It is an essential
component of public decision making.
4.2 Section 149 of the Equality Act 2010
(‘the act’) sets out the PSED, which
requires a public authority, in the exercise
of its functions, have due regard to the
need to:
• eliminate discrimination, harassment,
victimisation and any other conduct
that is prohibited by or under the act
• advance equality of opportunity
between persons who share a relevant
protected characteristic and persons
who do not share it
• foster good relations between persons
who share a relevant protected
characteristic and persons who do not
share it
4.3 These are sometimes referred to as
the three aims or limbs of the PSED.
The act provides more details as to how
the three aims of the PSED may be met
in section 149(3) to (6) of the act.
4.4 The relevant protected characteristics
referred to in the act are:
• age
• disability
Who does the PSED apply to?
4.7 The PSED applies to the public
authorities listed in Schedule 19 to the
act, when carrying out all their functions
(unless otherwise specified). This
includes all ministers of the Crown and
government departments, including their
executive agencies. The PSED also
applies to other public and private sector
bodies, not listed in Schedule 19, where
they are performing a public function
(when exercising that function).
DEFINED TERM
Equality Act 2010
Equality Act 2010 — this brought together all previous equality legislation and includes
prohibitions on discrimination and a duty to have due regard to the public sector
equality duty.
Fraud and economic crime
Online fraud
Identity fraud
Fraud by abuse of position
Harassment and coerce
Serious Crime Act 2015
PART 2 Computer misuse:
41Unauthorised acts causing, or creating risk of, serious damage
(1)The Computer Misuse Act 1990 is amended as follows.
(2)After section 3 insert—
“3ZAUnauthorised acts causing, or creating risk of, serious damage
(1)A person is guilty of an offence if—
(a)the person does any unauthorised act in relation to a computer;
(b)at the time of doing the act the person knows that it is unauthorised;
(c)the act causes, or creates a significant risk of, serious damage of a material kind; and
(d)the person intends by doing the act to cause serious damage of a material kind or is reckless as to whether such damage is caused.
(2)Damage is of a “material kind” for the purposes of this section if it is—
(a)damage to human welfare in any place;
(b)damage to the environment of any place;
(c)damage to the economy of any country; or
(d)damage to the national security of any country.
(3)For the purposes of subsection (2)(a) an act causes damage to human welfare only if it causes—
(a)loss to human life;
(b)human illness or injury;
(c)disruption of a supply of money, food, water, energy or fuel;
(d)disruption of a system of communication;
(e)disruption of facilities for transport; or
(f)disruption of services relating to health.
(4)It is immaterial for the purposes of subsection (2) whether or not an act causing damage—
(a)does so directly;
(b)is the only or main cause of the damage.
(5)In this section—
(a)a reference to doing an act includes a reference to causing an act to be done;
(b)“act” includes a series of acts;
(c)a reference to a country includes a reference to a territory, and to any place in, or part or region of, a country or territory.
(6)A person guilty of an offence under this section is (unless subsection (7) applies) liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years, or to a fine, or to both.
(7)Where an offence under this section is committed as a result of an act causing or creating a significant risk of—
(a)serious damage to human welfare of the kind mentioned in subsection (3)(a) or (3)(b), or
(b)serious damage to national security,
a person guilty of the offence is liable, on conviction on indictment, to imprisonment for life, or to a fine, or to both.”
(3)In section 3A (making, supplying or obtaining articles for use in offences under section 1 or 3), in subsections (1), (2) and (3), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.
Economic Crime (Transparency and Enforcement) Act 2022:
[F115BFalse statements under section 12 or 13: aggravated offence
(1)A person who is given a notice under section 12 or 13 commits an offence if, in purported compliance with the notice, the person makes a statement that the person knows to be misleading, false or deceptive in a material particular.
(2)Where the offence is committed by a legal entity, the offence is also committed by every officer of the entity who is in default.
Since my last contact.
I have been met with retaliation from a data breach which lead to the data report being breached and each way I have tried to go I have had my communications intercepted.
Also, DWP posts are constantly refering to DWP said... When in fact my MP has taken my case on and is waiting on the reasons of the substantive points which instantly is the most intricate detailed document with law and rights, policies and accountable individual, this has been an indepth checklist of the Equality Act 2010, the the checklist for GDPR, the Checklist for their policies, and now checklist for Serious Crime Act 2015,
Protection of Freedoms Act 2012
Tuesday, November 28, 2023.
the past year dealing with this has caused me to significantly struggle staying focused, and healthy. Who would have ever thought the individuals in healthcare can act in such a manner that the effects are drastically negative
I have had family members contacting me and telling me that DWP are looking to speak to Emma.
I understand that it isn't a standard procedure and this showing more mishandling of data.
I filed an ActionFraud report towards the accountable Chief Security Officer (CSO) for allowing these breaches to persist without any intervention even without my contact this should not have been able to continue I sent this on 10 June 2025.
A social worker had turned up at the my door and I wasn't able to verify their identity, I pointed out the alias and I rang the 999, the operator connected the call to the police where I had only realised afterwards that I had spoken to them once before on the PIP Enquiry line around 2 months ago, they got me to pass the phone to the social worker, and then the police said I don't need the police and I should engage with them. I refused.
This was on 11 July 2025 at 11:36. Call time 7 mins 55 secs
On Thursday 17 July 2025
I recieved a call from my local doctors Ordsall Health Surgery on Phoebe Street, time at 08:39am
The woman on the phone wanted to speak to Emma, I said I can speak for Emma as I am responsible to deal with that. The woman then said:
calls are recorded for training and monitoring purposes, I asked what are they recording, and understood they was trying to initiate a Work Capability Assessment (WCA). I hung up the call. The worst part is the trust I had for the doctors has been impacted severely, my mums foot, and hand condition has been getting worse with no diagnosis, with part time or Locum doctor's asking my mum what she thinks it is.
We went to the hospital to get it checked as it is the worst it has ever been, they sent her home with no diagnosis and said 4 months to a year for a peodatrist.
My mum had an appointment with the doctors on Thursday 17 July 2025, I asked her not to go and searched up the condition, I must have located it because the new treatment is relieving her pain.
The day I got this phonecall, later on I had police knocking on a few hours later:
A welfare check up because I was reported to the police by DWP for possible abuse, the camera was recording, They asked have I been abusing her. I said I thought they was here over the ActionFraud report.
They asked Emma if I was abusing her and she said no. They asked her why did she not attend the doctors appointment that day. Emma asked if I can speak for her, they agreed.
I confirmed that appointment wasn't for Emma it was for my mum to have her condition diagnosed, I asked how did they know and they confirmed DWP said Emma didn't attend the doctors appointment but that also points out more data misuse.
Saturday 26 July, letters have been sent to my childs mum that the child maintenance payments has been stopped. I shown the confirmation that I get when it is to be taken 3 days in advance. I told her not to respond. Until my 10 years old son said have you been getting dwp job applications too? I laughed at first then asked what what he meant. On his emails these are extensive!
The question I have is how did they get my childs email address and phone number.
I have had contacts from motability that doesn't match the details on account, I also had a person post a card for the car to be collected then they ran out of the gate and drove away.
I am being stalked and recorded, there are empty apartments over the way from my house and that shows the vantage point with my house on the website is clearly visible.
I get const(ant) (aut)omated voice mail and a bombardments of phone calls and false letters.
I 100% stand with this as the ultimate conviction it is an attack on the public and not an isolated incident it has been
extremely difficult to navigate and understand that my attempt has been
with
with
with
with
with
with
with
with w
met with a serious trust depleted with my doctors, with the Emergency Services, and with my confidence to met with a serious trust depleted with my doctors, with the Emergency Services, and with my confidence to be able to maintain the care and wellbeing has started to be visually and emotionally taking its toll on my mum emma me that this problem is a serious problem.
Employment provision supplier code of conduct for the DWP
Professional standards of practice and behaviour for nurses, midwives and nursing associates
Titles that are protected under the Health Professions Order 2001
Health & care professions council (HCPC)
Source: ECHR