Former DWP ministers could face police investigation over fit-to-work tests

A complaint was made against Iain Duncan Smith and Chris Grayling

Police in Scotland are assessing whether to launch a criminal investigation into two former DWP ministers’ handling of so-called disability fit-to-work tests.

Disabled activist John McArdle of the Black Triangle campaign lodged a complaint with police in March against Iain Duncan Smith and Chris Grayling, according to the Disability News Service news agency.

He told police in Edinburgh that the two ministers had ignored a coronor’s concerns about the safety of the tests, which are used to judge whether a disabled person receives benefits.

He also produced evidence of suicides he said were related to fitness-to-work tests.

Mr McArdle says the ministers may be guilty of “willful neglect of duty by a public official”, which is a criminal offence.

According to the Crown Prosecution Service, willful neglect “can be the result of a positive act or a failure to act”.

“There must also be an element of knowledge or at least recklessness about the way in which the duty is carried out or neglected,” the CPS explains.

“The test is a subjective one and the public officer must be aware that his/her behaviour is capable of being misconduct.”

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