My name is Gill Thompson. I am the sister of David Clapson who died on the 20th July 2013 and I believe his death was a result of benefit sanctions.

As many of you know, I have been campaigning for a long time to try and achieve an investigation into the link between the benefit sanction imposed on my brother and his death. I believe that having had his benefits stopped due to a sanction, he was unable to afford to buy food and electricity to refrigerate his insulin, which in turn left him unable to manage his diabetes. 

The circumstances leading to David’s death have never been openly investigated. I raised funds through CrowdJustice earlier this year so that I could get legal advice and take steps to try and secure a new investigation. Supported by lawyers, I made detailed submissions to the Coroner setting out why an investigation was necessary and that an Inquest should be held. My request was refused by the Coroner on 4 November 2016, stating there was no causal link between the sanction on David’s benefits and his death. I believe this to be completely wrong; my brother died with no food in his stomach, from fatal diabetic ketoacidosis. He was a Type 1 diabetic who was left destitute and the sanction removed his lifeline.

I now want to ask the High Court to consider David's case by bringing a judicial review of the Coroner's refusal to hold an inquest. To do this, I need to instruct an expert so that I can prove there is a causal link, pay expert fees, instruct lawyers to advise me and prepare a judicial review claim, and pay court fees. Although I ideally need £18,000 to do this, with £10,000 and with my lawyers working at reduced rates I will be able to bring proceedings.

In order to take action I need to raise a minimum of £10,000 and I would appreciate any help you can give.

I cannot bring my brother back but feel this will be a fundamental precedent to ensure lessons are not just learnt, but are acted upon to prevent anymore needless suffering of the vulnerable in our society.

The vulnerable need care, not sanctioning 

David had Type 1 Diabetes and the Coroner's report stated that he died from fatal diabetic ketoacidosis and that there was no food in his stomach. The DWP were aware of his condition, yet sanctioned him leaving him with no income at all. David then had no money for electricity so was unable to chill his insulin or buy food. Whilst he died as a result of his diabetes, the sanctioning took away his lifeline. 

Surely before sanctioning my brother the DWP should have sought professional medical advice, by doing so they would have had an idea of what the outcome of their actions could be. The DWP guidance on Diabetes makes the sweeping statement "JSA claimants are likely to have well controlled diabetes"   and provides no explanation about how food and insulin play a crucial role in managing the condition.

My brother had been warned of the consequences, potentially fatal, of taking insulin without food , yet to not take his insulin could cause  diabetic ketoacidosis. That was the choice my brother would have faced - no choice.

David's story

David was found dead in his flat in July 2013, he was 59 and died alone and penniless. David was very vulnerable yet had his £71.70 JSA allowance stopped for a month, penalised by the job centre for missing two meetings. He tried his best but was vulnerable, he had worked for over 30 years and CVs were found just feet from his body. 

The sanction left him unable to buy food, his electric key had ran out and he could not chill his insulin (temps at that time 30c +).

David was a quiet, private and proud man who never asked or wanted much; he never complained or told me or his friends he had been sanctioned. He was not a scrounger or skiver, he was simply unwell and vulnerable and needed the caring support rather than being sanctioned without a lifeline.

He tried his best but was vulnerable, he had worked for over 30 years, including serving as a soldier in Northern Ireland at the height of the troubls, and CVs were found just feet from his body.

What actions have occurred so far

After David’s death, I wrote to the DWP and all the local party representatives. The Government say they followed procedures, and "that no errors were made…”.

It was then that I started my petition with Change.org gaining well over 200,000 signatures which helped to secure a Parliamentary Select Committee Inquiry in March 2015, which came up with 26 recommendations. 

“The Government responded accepting in principal some of the recommendations, but importantly not all. The Government have not accepted the need for an Independent Review, monitoring the destinations of sanctioned claims and investigating the deaths of benefit claimants. 

In addition, David’s story has been published in the local and national press, broadcast in ITV, C4 and BBC radio and TV. The RT. Hon Jeremy Corbyn MP also mentioned David's case in Prime Minister's Questions Time recently.

Why support me?

The Welfare State was introduced to help the needy and most vulnerable people in our society – a safety net to ensure no harm or death comes to our citizens who fall on hard times. The UN recently expressed their concerns about the extent to which the UK Government has made use of sanctions in relation to welfare benefits and the absence of due process and access to justice for those affected by the use of sanctions.

The government say that sanctions are issued as a “last resort”, but have issued over a million to people with physical and mental disabilities and serious health conditions. 

Sanctions have been issued for missed appointments, being late for an appointment, having to attend important appointments (i.e. hospital, doctors and even funerals) – these are not criminal offences and surely do not deserve such harsh, cruel and draconian punishments.

Did anyone take into consideration David’s life threatening condition when issuing the sanction? Did anyone check his file to really understand the serious effect of stopping his benefit leaving him no longer in control of his diabetes?

I am asking please for your support to fund my judicial review of the Coroner's refusal to open an Investigation/Inquest into the circumstances of David's death and the role of benefit sanctions in his death.

Whilst I cannot bring my brother back, I feel an Inquest will prove a key factor to ensure lessons are not just learnt but are acted upon in order to prevent more needless suffering.

I am being represented by Merry Varney of Leigh Day Solicitors and Caoilfhionn Gallagher & Jesse Nicholls of Doughty Street Chambers.

Merry Varney, Leigh Day:

“We believe there is huge public interest in an investigation into the role played by the imposition of a benefit sanction in Mr. Clapson’s death.
“We are grossly concerned by the fact David, despite his vulnerability arising from having Type 1 diabetes, was not entitled to an immediate hardship payment while under sanction and that the DWP guidance on Diabetes does not in our view properly recognise the importance of food and access to chilled insulin for people like David.  Despite our client’s best efforts there has been no open and through investigation of this matter at all.
“There is an urgent need to assess the risks posed by benefit sanctions to those who receive them, and the decision-making of DWP staff when imposing benefit sanctions on vulnerable and at-risk individuals. The UN have expressed concerns and we will now ask the High Court to consider our client’s request.”