Sexual assault victim launches legal challenge against DWP for failing to honour pledge to support her

Despite being diagnosed with PTSD and severe anxiety as a result of her experience of sexual assault, the woman had been repeatedly forced to recount to different DWP staff the traumatic circumstances of the assault that resulted in her becoming pregnant with her child.

Her pleas for a home visit were refused and she was forced to attend a job centre in snowy weather with her baby where she was denied access to a private waiting space. She had to wait outside in distress, facing the prospect of an interview with a male staff member despite assurances she would be able to speak to a female.  

The woman brought a discrimination claim in 2021 that eventually led to the DWP committing to make reasonable adjustments reflecting her disability and needs as a survivor of sexual abuse. These included assigning a ‘single point of contact’ and ensuring sensitive information was recorded on the UC system so that it would not have to be repeated. Relying on these commitments, the woman agreed to settle her discrimination claim.   

Despite succeeding in her case, the DWP then failed to uphold its promises to provide a female ‘single point of contact’ and record her support needs on the UC system. DWP staff claimed that they had no record of the reasonable adjustments in place, and her case continues to be handled by multiple staff, including male advisers. The woman says she is still regularly being asked to repeat the traumatic details of her sexual assault.  

The woman has now instructed Leigh Day senior associate solicitor Carolin Ott to send a pre-action protocol letter for judicial review. She is concerned that the failures to make good on previous promises are not just errors but that they reflect fundamental problems with the UC system.  A Jobcentre staff member recently informed the woman that the DWP’s systems do not allow for a permanent note to be attached to her file or for a ‘single point of contact’ to be guaranteed. 

The legal challenge argues that the DWP’s failure to maintain a single point of contact and properly record the woman’s circumstances breaches the woman’s rights under the Equality Act 2010 and the Human Rights Act 1998 and constitutes a breach of a legitimate expectation. It also raises concerns about the DWP’s use of automated processes that prevent staff from making reasonable adjustments for vulnerable benefits claimants. 

The woman said: 

“I was promised support and protection after everything I went through. Instead, I’ve been retraumatised again and again. I’ve had to fight for payments I’m entitled to by explaining the sexual assault to strangers and deal with male staff despite my repeated requests to only be in contact with female staff. Each time this happens, it sends me back to the trauma I suffered and threatens to undo the progress I have fought so hard to make to move on with my life. 

“The DWP told me they would make sure this never happened again — but they have gone back on that promise. They need to take accountability for what has happened and finally take action to prevent people in my situation from being retraumatised and made to feel that they don’t matter. My biggest concern is that this is not just happening to me but to other people who may not feel able to repeatedly challenge how they are being treated in the way I have. ”  

Leigh Day senior associate solicitor Carolin Ott, who represents the woman together with solicitor Claire Powell, said:

“The DWP made a clear commitment to support our client and ensure she would not be forced to relive her trauma. That commitment has not been honoured. Instead, she says she has been subjected to further distress and discrimination due to systemic flaws in the DWP’s automated systems. This legal challenge seeks to hold the DWP accountable and push for meaningful change in how vulnerable claimants, including survivors of sexual assault like our client, are treated.”