Coroner finds stopping benefits triggered the death of Jodey Whiting following second inquest

Jodey, from Stockton-on-Tees, died two weeks after her Employment Support Allowance (ESA) was stopped abruptly by the Department for Work and Pensions (DWP). As a result of the decision to terminate her ESA she was also informed that her housing benefit and council tax benefit would be terminated with immediate effect.  

Recording a narrative conclusion, Senior Coroner Clare Bailey said that the DWP’s decision to stop Jodey’s benefits was the trigger that led to her taking her own life and that there were five missed opportunities by the DWP to identify Jodey’s vulnerabilities and correct their decision. 

A one-day hearing at Teesside and Hartlepool Corner’s Court considered the impact that the ending of her benefits had on Jodey and heard evidence from a DWP representative. The court also heard evidence from Joy Dove, Jodey’s mother, and written evidence including from family members and an expert witness.  

The court heard how “shocked and distressed” Jodey was at the DWP’s letter informing her that her benefits would be stopped. Jodey was told that this was due to her missing a medical assessment, part of a Work Capability Assessment (WCA), which she had not been aware of due to her not opening the first letter. Initially Joy had assured Jodey that they would easily be able to sort it out once they explained her situation but a couple of weeks later Jodey received a further letter confirming the DWP’s decision. Jodey attempted to seek help via the Citizens' Advice Bureau and Joy made numerous attempts to contact the DWP to resolve the matter for Jodey who became increasingly distressed as time went on.  

The court heard that Jodey had lived with physical and mental health difficulties throughout her life. This includes a curvature of the spine which began to cause serious back pain in her early 20s and resulted in numerous operations. She was also diagnosed with an inoperable perineural cyst in 2016 which caused her significant pain.

Joy told the court that in the last few months of her life Jodey’s mental and physical health has deteriorated, she rarely left the house and was unable to walk more than a few steps at a time.  

The court heard that it was devastating for Jodey to read that the DWP had deemed her ‘fit for work’ when this was clearly not possible for her. It had left her feeling humiliated and ashamed that she would not be able to pay her rent or bills. Jodey was clearly very distressed by the DWP’s decision and told her mother she felt completely hopeless.

On 21 February Joy became increasingly worried after she and other family members had not heard from Jodey and had been unable to contact her. She eventually gained entry to Jodey’s flat and told the court that when she saw Jodey she “screamed and screamed, absolutely devastated by the death of my beloved daughter”.

A few days after Jodey’s death a further letter from the DWP was received explaining that they had reconsidered their decision to stop her benefits and maintained that it was correct. Following Jodey’s funeral in March 2017, Joy appealed the decision on her behalf and in early April she received a letter informing her that the DWP had changed its decision and that now they had determined that Jodey did have a good reason for not attending the medical appointment. Jodey’s benefits should not have been stopped, and Joy made a complaint about the DWP’s handling of Jodey’s case which was passed onto an Independent Case Examiner (ICE), a body that reviews complaints about government organisations that deal with benefits, work and financial support.

Almost two years later, in February 2019, Joy received the ICE report, which was included in part as evidence in the inquest. It concluded that there were “five opportunities for DWP processes to prompt particular consideration of Jodey’s mental health status and give careful consideration to her case because of it – none of those were taken”.  

The missed opportunities included:

• failure to consider Jodey’s request for her WCA to be carried out at home,
• failure to contact Jodey by telephone or consider a safeguarding visit after she missed her
• appointment, as per their guidance for vulnerable claimants
• failure to contact her GP, as she requested
• failure to make any notes to evidence that Jodey’s mental health was considered by decision makers  

The court heard from a DWP witness who said that the DWP have accepted the ICE report’s findings and accepts that in Jodey’s case the safety-net meant to safeguard claimants “didn’t work”.

The DWP witness then told the court that those in the department are “deeply regretful and sorry” and that the DWP was “too process driven” and “failed to enquire about Jodey’s vulnerabilities”.

Jodey’s family is represented by partner Merry Varney and lawyer Dan Webster from law firm Leigh Day and barrister Jesse Nicholls from Matrix Chambers.

Joy Dove said:

“It has been over eight years since we lost our Jodey, but she is with us every day. Her family misses her terribly. Jodey’s family was her life and she loved her babies – her nine children - and her six grandchildren more than anything in the world.  

“I have always believed that Jodey took her life due to failings by the DWP and today   
the coroner has confirmed that the mistakes made by the DWP in the way they handled Jodey’s case caused her death.  

“It should not have taken an eight-year fight for justice to get to where we are today. It has been an uphill battle trying to get answers and accountability, but I would never give up. I was determined to keep fighting for justice for Jodey.  

“It is clear from the coroner’s conclusion that had the DWP followed their own protocols at the time of Jodey’s death then her benefits would not have been terminated, causing her so much distress she felt she had no way out.    

“I am grateful to the coroner for their thorough examination of the circumstances surrounding Jodey’s death. To get the conclusion I have been fighting so long for means the world to me and Jodey’s family. I have always known that the failings of the DWP led to Jodey’s death and that has now been confirmed by this inquest.    

“We have heard that since the ICE report the DWP has and continues to make improvements and I hope that these new measures will help safeguard other unwell and disabled people like my Jodey to ensure no others are ever treated so badly, left humiliated and ashamed through no fault of their own and then ignored and dismissed when they are trying to do everything right to make sure they can get the vital support they need.  

“It is not just me who has been fighting for justice for Jodey, my whole family has been beside me. I have also had many other families in similar situations reach out to me and support me too. 

“This did not just happen to Jodey, it has happened to many others. Jodey’s death was not a one-off failing by the DWP- the way they have treated some of their most vulnerable claimants is absolutely disgraceful. People struggling with their mental health should be treated with compassion and understanding. They might not always fit neatly into the procedures of organisations like the DWP but it is vital that mental health is understood in every policy and considered before every significant decision that affect someone’s welfare and livelihood.”

Merry Varney said:

“Joy and her family have had to fight for 8 years to have the cause of their beloved Jodey’s death properly recognised. That cause – the same cause in the deaths of many others – Pip, David, Errol, Stephen, Michael, Kristie and many more – is the DWP.”    

“Today’s conclusion shows the importance of thorough inquests that properly investigate how a death occurred. Without them, the dangerous and sometimes deadly way that those unable to work due to ill health or disability are treated by the DWP will remain covered up and unchecked.”  

“Joy, through her battle to get this second inquest and recognition of the DWP’s causative role in her daughter’s death, has not only secured justice for Jodey but shone a light for many others that must now lead to change to prevent further deaths and families broken by the acts and omissions of the DWP.”