Work Capability Assessment people on ESA said they had "ongoing concerns about the accuracy of the WCA". And in 2014, Atos announced that it had come to the conclusion that "the WCA is not working for claimants, for DWP or for Atos Healthcare". In November 2016, the United Nations Committee on the Rights of Persons with Disabilities published its report on the situation facing disabled people in the United Kingdom. Of the WCA, it said: In 2015, Iain Duncan Smith complained that the system gave doctors a "binary choice", not an opportunity to deliver a more nuanced opinion on claimants' fitness for work.
Test Claimants in the Franked Investment Income Group Litigation v IRC offended against the principles of effectiveness, legal certainty or legitimate expectations. Specifically the questions were: (1) did EU principles require the benefit of any special advantage in a limitation; and (2) did section 320 offend those principles? It was clear that section 107 did offend the principles, because it cancelled the claims already brought more than three years after legislation was announced precluding recovery, but excluding claims that had already been brought. The case could result in the UK government having to pay billions, potentially hundreds of billions, of pounds to corporations. Test Claimants in the Franked Investment Income Group