Permission to appeal granted by the Court of Appeal in Jodey Whiting case


The Court of Appeal has given the mother of Jodey Whiting permission to appeal the decision of the Divisional Court refusing to grant a second inquest into her death.

Jodey’s mother, Joy Dove, has been fighting for years to secure a fresh inquest that will examine the role of the Department for Work and Pensions (DWP) in Jodey’s death. Jodey died in February 2017 following the withdrawal of her Employment and Support Allowance (ESA) by the DWP for not attending a Work Capability Assessment. At the time of the assessment, Jodey was housebound with pneumonia, had been in hospital, and had found out that she had a cyst on the brain. At the time of the DWP’s decision to terminate her benefits, the DWP knew that Jodey had a history of overdoses, suicidal ideation and fluctuating mental health issues.

Ms Dove applied to the Court of Appeal on two grounds: first, that the High Court was wrong to refuse a fresh Jamieson inquest and in doing so had pre-judged the key issue as to whether the DWP’s failures contributed to Jodey’s death; and second, that a fresh Article 2 inquest was required because the DWP owed a duty to Jodey to take steps to prevent her death. Permission to appeal has been granted on both grounds.

Jesse Nicholls represents Jodey’s mother, instructed by Merry Varney of Leigh Day.