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Work Capability Assessment: Appeals

Justice written question – answered on 29th November 2011.

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Photo of Jessica Morden Jessica Morden Labour, Newport East

To ask the Secretary of State for Justice what proportion of work capability assessment decisions made by Atos were overturned on appeal in (a) Wales and (b) Newport East constituency in the latest period for which figures are available.

Photo of Jonathan Djanogly Jonathan Djanogly The Parliamentary Under-Secretary of State for Justice

Her Majesty's Courts and Tribunals Service (HMCTS) hears appeals against Department for Work and Pensions decisions on entitlement to employment and support allowance (ESA) (decisions in which the work capability assessment is a key factor) rather than appeals against work capability assessment decisions themselves.

The following tables show the proportion of employment and support allowance appeals cleared at hearing, which were found in favour of the appellant in (a) Wales and (b) the Langstone venue in September 2011 (the latest date for which statistics have been published) and in the first two quarters of 2011-12. The Langstone Tribunal venue hears appeals from the Newport East constituency as well as other nearby locations.

Outcomes of ESA (WCA-related) appeals, 1 to 30 September 2011
Number of cases cleared at hearing Number of DWP decisions upheld Percentage upheld Number decided in favour of appellant Percentage in favour Other Percentage other
Wales 840 450 50 390 50 4 0
Langstone 30 20 70 10 30 0 0
Outcomes of ESA (WCA-related) appeals, 1 April to 30 September 2011
Number of cases cleared at hearing Number of DWP decisions upheld Percentage upheld Number decided in favour of appellant Percentage in favour Other Percentage other
Wales 4,600 2,600 60 2,000 40 30 0
Langstone 320 190 60 130 40 3 0
Note: The data are taken from management information.

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