The mother of a woman who killed herself after her benefits were stopped is ‘over the moon’ after she won the right to appeal against a decision to block a second inquest.

Jodey Whiting died in February 2017 around two weeks after her disability benefit was stopped and her mother, Joy Dove, has been fighting for justice ever since.

Ms Whiting’s benefits were stopped after she failed to attend an appointment with the Department for Work and Pensions (DWP) for a Work Capability Assessment.

However, 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.

The Northern Echo: Joy Dove, the mother of housebound disabled woman Jodey Whiting, who killed herself after her benefits were cut. Picture: PAJoy Dove, the mother of housebound disabled woman Jodey Whiting, who killed herself after her benefits were cut. Picture: PA (Image: PA)

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Now the Court of Appeal has granted her permission to try and secure a new inquest to investigate the family’s concerns about the impact on Jodey of failings by the DWP in handling her claim for Employment and Support Allowance.

The original inquest, which lasted 37 minutes, determined that Ms Whiting had taken her own life.

The Northern Echo: Jodey Whiting. Picture: FAMILY HANDOUTJodey Whiting. Picture: FAMILY HANDOUT

However, Ms Dove refused to accept the ruling and launched a legal battle to fight the verdict and last year, Lord Justice Warby, Mrs Justice Farbey and Judge Thomas Teague QC – the chief coroner for England and Wales – dismissed the claim, finding the original inquest was sufficient.

Following her appeal, the family’s argument that the High Court went wrong by ‘pre-judging’ the issue as to whether DWP failures contributed to Jodey’s death, has “a real prospect of success”.

Ms Dove said: “I am over the moon with the court’s decision and cannot thank the judge enough for looking into Jodey’s case. 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 can’t wait to get back into court to hear Jodey’s case presented to the Court of Appeal. I am so pleased to be able to continue the fight for justice for Jodey, it is such a relief that this is not the end.”

The application to the Court of Appeal was brought on the grounds that the High Court was wrong to find it was not necessary or desirable in the interests of justice, based on the new evidence now available, for a second inquest to be held.

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The application also argued that the court was wrong to find that Article 2, the right to life, was not engaged by the circumstances of Jodey’s death.

Merry Varney, partner at law firm Leigh Day, added: "The Court of Appeal's decision to grant Joy permission to appeal is a very welcome and significant step forward. Joy's fight for a full and fearless inquest to investigate Jodey's death continues."

The date of the appeal hearing is yet to be fixed.

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