Family of disabled woman win fresh inquest into her death
Jodey Whiting took her own life after her benefits where cut.
Last updated 17th Mar 2023
A Stockton family, whose daughter took her own life when her benefits were stopped, have won their legal battle for a new inquest into her death.
Jodey Whiting was 42 when she died in Feb 2017.
This came days after her disability benefit was stopped by the DWP 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.
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.
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.
Joy Dove said:
“I am so pleased and grateful to the Court of Appeal and I would like to thank the Court of Appeal 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. 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.”
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.