Family of mum who took own life after benefits cut win bid for fresh inquest

18 March 2023 , 15:32

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Jodey Whiting took her own life after her benefits were stopped (Image: Evening Gazette)

The family of a disabled woman who took her own life after her benefits were cut has won a legal battle to get a new inquest into her death.

Jodey Whiting, 42, died in February 2017, around two weeks after her disability benefit was stopped 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, heard by a different coroner.

Joy Dove has won her bid to get a new inquest for her daughter (PA)

In a statement after the ruling, Ms Dove said: "I am so pleased and grateful to the Court of Appeal and I would like to thank the judges that considered Jodey's case.

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"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."

Ms Dove added: "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 Dove took her fight to the Court of Appeal (PA)

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.

Lady Justice Whipple said in the ruling: "I think it is in the interests of justice that Mrs Dove and her family should have the opportunity to invite a coroner, at a fresh inquest, to make a finding of fact that the (DWP's) actions contributed to Jodey's deteriorating mental health and, if that finding is made, to invite the coroner to include reference to that finding in the conclusion on how Jodey came by her death."

A Government spokesperson said: "Our sincere condolences remain with Ms Whiting's family.

"DWP is ready to assist the new coroner with their investigation. We cannot comment on active legal proceedings."

Sian Harrison