Jodey Whiting: Mum wins latest bid to seek new inquest in benefits death

Jodey Whiting had received disability benefits for more than 10 years

The mother of a vulnerable woman who killed herself when her benefits were stopped has won the latest stage in her battle to secure a fresh inquest.

Jodey Whiting, 42, from Stockton, died days after payments were halted because she missed a work capability appraisal.

Joy Dove wants a coroner to examine the role the Department for Work and Pensions (DWP) decision played in her daughter's death in 2017.

Ms Dove said she was "over the moon" with the Court of Appeal's decision.

She has been trying to secure a second inquest into her daughter's death since November 2020 but her initial application was rejected by the High Court.

Her lawyers said the Court of Appeal had now ruled an argument in favour of a second inquest being considered had "a real prospect of success".

It said there were "compelling reasons for granting permission" for her to appeal against the refusal of her initial application, they said.

In response, Ms Dove said: "There has been a lot of mixed emotions for me over the last year, not wanting to get my hopes up and trying to second guess the court's decision.

"I am so pleased to be able to continue the fight. It is such a relief that this is not the end."

Inquest appeal timeline:

• November 2020 - Office of the Attorney General grants permission for Ms Dove to apply to the High Court for a second inquest

• September 2021 - High Court dismisses the application

• October 2021 - Ms Dove applies to the High Court for permission to appeal against this decision, but is refused

• November 2021 - She then applies to the Court of Appeal for the same permission to appeal

• October 2022 - Court of Appeal grants permission, meaning Ms Dove can challenge the September 2021 decision not to hold a second inquest

Joy Dove has been battling for a new inquest into her daughter's death for almost two years

The original inquest in the death of Ms Whiting lasted 37 minutes and concluded she had taken her life.

She had received disability benefits for more than 10 years due to physical and mental health issues and a history of self-harm.

Her employment and support allowance was ended after she missed an assessment meeting, leading to her housing benefit and council tax benefit also being terminated.

Ms Whiting had told the DWP she was in hospital and had not received a letter about the assessment. Her mother later found the unopened letter at her daughter's home.

Five weeks after her death, the DWP's decision to terminate Ms Whiting's benefits was overturned.

An inquiry found there were significant errors by staff for which the department had to apologise and pay £10,000 in compensation.

Ms Dove blames the DWP for her daughter's death.

"I want justice," she told BBC Tees.

"I would never, ever accept an apology because I know what my daughter went through when I found her.

"No-one can take that image away."