Mother of Jodie Whiting fights for second inquest for daughter

Joy Dove’s campaign to overturn the verdict in the first inquest has been boosted by new medical evidence into her 42-year-old daughter’s suicide, the justices heard.

Jodey Whiting, of Stockton, took her own life on February 21, 2017, just days after the Department of Work and Pensions (DWP) sanctioned her benefits after she failed to attend an appointment.

Jeremy Hyam KC, representing Ms Dove, told the hearing that there was no dispute about the drug overdose being the cause of Jodey’s death but said it was crucial to establish the impact having her benefits stopped would have on the vulnerable woman.

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Ms Whiting, who suffered severe physical and mental health problems, took her own life a fortnight after her benefits were terminated because she did not attend a Work Capability Assessment.

Jodey Whiting

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.

Mr Hyam told the three appeal judges that the 42-year-old had a long record of mental health problems which were well documented and should have played a more central part in the original inquest.

He said: “The risk to Ms Whiting from the termination of her ESA was inherently dangerous given her known vulnerabilities. The DWP were aware of the risk to life that could arise where benefits were terminated.

“The Court wrongly asked whether the risk posed to Ms Whiting was one which a person would or would not ordinarily assume. That was an error.”

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Last year, the Attorney General gave Ms Dove permission to apply to the High Court for a second inquest but the High Court rejected her application, however, they did say “the withdrawal of Employment Support Allowance should not have happened”.

The High Court ruled that new evidence that had come to light did not require a fresh inquest in the interests of justice.

Mr Hyam urged the appeal judges to grant the family a second inquest to enable them to get to the bottom of the facts behind Jodey’s death.

The hearing continues.