A mum has won the right to a fresh inquest into the death of her disabled daughter who killed herself after her benefits were stopped.
Joy Dove, the mother of Jodey Whiting who committed suicide in February 2017, won in the Court of Appeal meaning the role of the Department for Work and Pensions (DWP) in the death of her daughter will be investigated.
Ms Whiting, who was 42 when she died, had received benefits for over 10 years due to chronic physical and mental health issues, including severe pain and a history of self-harm.
The woman from Stockton-on-Tees, County Durham, was housebound prior to her death and had said she needed a house visit given her severe anxiety and inability 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 after she did not attend a work capability assessment – her housing and council tax benefits were also halted.
Ms Whiting died just over a two weeks later. Just weeks after that, the decision to stop her benefits was overturned.
The independent case examiner, which scrutinises the DWP, later found multiple breaches of department policy, significant errors by staff, and several “missed opportunities” for the DWP to reconsider the claim.
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Ms Dove had been denied a new inquest to investigate the DWP’s involvement in her daughter’s death last June, but was granted one this time as it was “desirable in the interests of justice”.
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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.”
It was also in the “legitimate interest” of the public to know if Ms Whiting’s death was linked to her benefit cut.
‘I hope the DWP learn from their tragic failings’
After the ruling, Ms Dove said: “We buried Jodey just over six years ago and finally my family and I have the chance of getting justice for Jodey.
“Her death was not in vain, she’s helping others and her legacy will live on.”
Ms Dove said she believed her daughter’s death was caused by “the DWP wrongly stopping” her benefits.
She added: “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.”
“I hope the DWP learn from their tragic failings.”
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.”
Ms Dove’s solicitor said: “Today’s unanimous ruling from the Court of Appeal means finally Joy and her family have the opportunity for the role of shocking failings by the DWP in the death of much loved Jodey to be publicly investigated.
“The Court of Appeal has rightly underlined the importance of this not just to Jodey’s family, but to the wider public.”
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