The Department for Work and Pensions’ plans for Personal Independence Payment reform has been branded unlawful. The DWP consultation into plans to slash billions of pounds from disability benefits has been ruled unlawful in a damning High Court judgement.
In autumn 2023, the DWP announced plans to change the way the work capability assessment (WCA) was scored. Disability rights campaigner Ellen Clifford brought legal action against the government, arguing that the process did not provide people with sufficient information or time to respond to the proposals.
In a judgment published this morning (16 January), Mr Justice Calver said that the judicial review had “surmounted the substantial hurdle of establishing that the consultation was so unfair as to be unlawful”. “ The unfair burden upon vulnerable people of having to deal with a yet further consultation process at this time at such short notice cannot be overstated,” Mr Justice Calver said in his judgement.
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“In setting the consultation period, the [secretary of state for work and pensions] ought to have had more regard to the attributes of those people who would be affected by these proposals. These were proposals which, in particular, could potentially drive vulnerable people into poverty as well as adversely affecting disabled people and substantial risk claimants who have mental health conditions and suicide ideation.”
“I am overjoyed that the court has recognised the importance of properly consulting deaf and disabled people on reforms that would leave many worse off by at least £416.19 per month,” Clifford said in a statement responding to the judgement.
“This is a life-or-death issue. One internal DWP estimate – which we only know about because of my legal challenge – indicates that 100,000 disabled people who are classed as highly vulnerable would be pushed into absolute poverty by 2026/27, as a result of the types of cuts they proposed in this consultation.
“We now urge the government to rethink these proposals and make the safety and wellbeing of disabled benefit claimants their priority, as well as commit to consulting us fairly and lawfully in the future.” Aoife O’Reilly, a solicitor from the Public Law Project representing Clifford’s case said: “This judgment has vindicated our criticism of the DWP’s unlawful consultation and we now urge the government to scrap these planned reforms, which were disingenuously presented to the Deaf and Disabled people who would be affected.”
The Public and Commercial Services Union said it also urging the government to scrap the “deeply flawed” proposals. Linda Burnip from Disabled People Against Cuts told Yahoo News that she hopes the Labour government will also make note in planning its impending consultation, and “won’t repeat the same mistakes as the Tories “.
“We’re delighted that Ellen has won this important legal challenge which is so important in helping to ensure many disabled people aren’t pushed further into poverty and destitution,” she added.