Errol Graham death: Judicial review move over DWP policy

1 May 2020

The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.

Errol Graham's emaciated body was found in June 2018 when bailiffs broke into his Nottingham flat to evict him.

In witness statements, the family said Mr Graham used pliers to pull out his teeth in the weeks before he died.

The review aims to challenge the Department of Work and Pensions (DWP) policy for terminating benefits.

An inquest into the 57-year-old's death heard his benefits had been cut in October 2017.

It was told he had a history of depression, missed GP appointments, refused help from mental health teams and ignored contact from the DWP.

When his body was found, Mr Graham weighed four and a half stone (30kg).

A vigil was held in memory of Mr Graham in February and the case has been raised in parliament

In a witness statement given as part of the legal case, Alison Turner, the partner of Mr Graham's son, described going to the flat and finding indications of his severe mental health problems, including teeth he had pulled out with pliers.

His flat was also found to be without power and food, but contained a letter asking for help.

Ms Turner said: "The harrowing things I saw when I visited Errol's flat following his death will always be with me. It was clear he was in extreme mental distress and anguish.

"It is impossible to see how a policy could be lawful which allows benefits to be withdrawn for people in these circumstances, with no consideration or investigation of their mental health, and the risks that termination would pose."

The latest stage of the process has seen the family's legal team issue a claim in the High Court, which will then decide whether the judicial review can proceed.

Ms Turner's legal team said her case argued the DWP's policy breaches the European Convention on Human Rights but is also unlawful as it fails to have regard to a claimant's disability, thereby breaching the Equality Act.

It also said the policy was inherently unfair as it allows benefits to be terminated with no prior notice to the claimant.

In addition it said Mr Graham's family should have been involved in reviews of the case and these should be open to public scrutiny.

A DWP spokesperson said: "Our sympathies are with Mr Graham's family. It would be inappropriate to comment further at this time."