020 7650 1200

High Court London

Family of Jodey Whiting seek fresh inquest into her death to examine role played by DWP

The family of Jodey Whiting have written to the Attorney General to request his consent to apply to the High Court for a fresh inquest into her death to examine role played by DWP

Posted on 06 January 2020

The family of Jodey Whiting who died after her benefits were stopped have written to the Attorney General to request his consent to apply to the High Court for a fresh inquest into her death to examine role played by DWP

Jodey’s mother Joy Dove is asking for a new inquest on the basis that the original inquest was insufficient and that new evidence has since emerged hence the interests of justice require a fresh inquest to be held. The new evidence includes an investigation into the handling of Jodey’s benefits by the DWP and a report from an independent consultant psychiatrist.

The family hope that this application will lead to a new inquest in which the failings of the DWP identified by an independent investigation and the effects of these failings on Jodey’s mental state will be properly considered, including whether or not the failings more than minimally contributed to Jodey’s death. The letter seeks authority from the Attorney General for an application to the High Court for a fresh inquest into Jodey’s death, pursuant to section 13 Coroners Act 1988.
Jodey Whiting, 42, from Stockton, died on 21 February 2017. She was a vulnerable woman with multiple physical and mental health illnesses which left her house-bound, requiring 23 tablets per day and meant she was entirely reliant on welfare benefits.
In late 2016 the DWP began to reassess Jodey’s entitlement to Employment Support Allowance (ESA). Jodey requested a home visit as she rarely left the house due to her health and she made clear in her reply that she had “suicidal thoughts a lot of the time and could not cope with work or looking for work”. 

Despite this, the DWP decided that Jodey should attend a work capability assessment in January which Jodey did not attend and on 6 February 2017 the DWP decide to stop the fortnightly ESA payments which Jodey relied on. Jodey was immensely distressed to learn that her last payment would be made on 17 February.

Jodey with the help of her family wrote to the DWP explaining the severity of her health conditions and asking them to reconsider their decision to terminate her ESA, but this did not happen until after her death. Jodey also then received letters to inform her that her housing benefit and council tax benefit would be stopped because they were linked to her ESA. Just three days after her last ESA payment, on the 21 February, Jodey took her own life. 
On 24 May 2017 an inquest was held into Jodey’s death at Teesside Coroner’s Court. The inquest lasted for less than one hour and the coroner declined to consider the potential role of the DWP in Jodey’s death. Jodey’s family were unrepresented and were unaware that they may have been entitled to publicly funded legal representation.
After the inquest a report by an Independent Case Examiner concluded that the DWP had made multiple significant errors in how it treated Jodey. Some of the failings had not been known to Jodey’s family, who were horrified to learn how many failings had occurred in the handling of Jodey’s benefits.
In line with their own views, Jodey’s family have now obtained an opinion from an independent Consultant psychiatrist who concluded that the DWP’s failings would probably have had a substantial effect on Jodey’s mental state at the time she took her own life.
In her letter to the Attorney General, Jodey’s mother Joy argues that the manner in which Jodey was treated by the DWP, and in particular the withdrawal of her ESA, caused or materially contributed to her death and that had this not occurred, Jodey’s death would not have occurred when it did.
Joy Dove, 65, of Norton, Stockton-on-Tees, said:
“It has been almost three years since Jodey’s death and I am determined to continue to fight for justice. The link between the failings by the DWP and my daughter’s death have never been investigated despite years of trying. I believe that seeking a new inquest is our only avenue to ensure that a thorough investigation is conducted, in which my family and I can participate, into the circumstances of Jodey’s death and the role played by the DWP failings. This has the potential to help not just my family, but also all the others badly affected by poor decision making by the DWP. ”
Merry Varney, solicitor from Leigh Day representing Jodey’s family, added:
“Jodey took her own life just days after being told her ESA was being stopped and there is now clear evidence that the decision making by the DWP which lead to her benefits being terminated was completely flawed. Jodey’s family have never had any doubt the DWP decisions contributed to Jodey’s death and now that view is supported by the opinion of an independent consultant psychiatrist. Neither the expert report nor the independent report into the DWP decision making was available at the first inquest.
“The consent being sought by my client from the Attorney General is the first step to achieving a fresh inquest and ensuring there is a full public investigation into the role played by the DWP in Jodey’s death. Against a backdrop of other families suffering due to flawed DWP decisions, achieving this fresh inquest is also of wider public importance given the role of coroners to consider risks to future lives and Joy’s longstanding objective not just to get justice for her daughter, but also to better protect others from similar harm.”

Merry Varney
Court of Protection Human rights Inquests Judicial review

Merry Varney

Merry is a partner in the human rights department and head of the Leigh Day inquest group

Landing Page
Man Comforting Another


Our specialist inquest lawyers can offer support and guidance