The Department for Work and Pensions (DWP) consultation into plans to cut billions in disability benefits has been ruled unlawful by the High Court for being “unfair and misleading”.
The planned changes, focused on an overhaul of the work capability assessment (WCA), would have seen nearly half a million claimants worse off by as much as £416.19 a month.
Although drawn up by the previous Conservative administration, Labour has said it remains committed to the £1.3 billion a year in spending cuts the plans were set to deliver.
The new government has not clarified how it will achieve this, however, with a new consultation set to be launched in the spring.
open image in galleryThe Department for Work and Pensions plans have been ruled unlawful by the High Court for being “unfair and misleading” (PA Wire)
In the damning judgement, Mr Justice Calver said the eight-week consultation was “rushed” and “unfair,” finding it failed to reflect the “substantial” loss of benefits many claimants would have faced as a result of the planned changes.
He added it gave the “misleading impression” that the plans were about supporting people into work when cutting welfare spending was likely the “central basis”.
Mr Justice Calver said: “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.”
The judicial review was brought by disability activist Ellen Clifford, who said she was “overjoyed” at the ruling, adding: “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.”
open image in galleryLabour work and pensions secretary Liz Kendall (PA Wire)
Under the Conservative plans, the WCA reforms would have changed the descriptors used to assess eligibility for certain benefits, making it harder for people to qualify.
DWP had denied that the consultation was unlawful, with Sir James Eadie KC, for the department, saying in written submissions: “There was no inadequacy in the explanation of what the proposals actually were, let alone inadequacy which would render the consultation ‘so unfair as to be unlawful’.”
Labour said it will re-consult on changes to the WCA descriptors but is looking to save the same amount as pencilled in by the previous government.
A government spokesperson said: “The judge has found the previous government failed to adequately explain their proposals. As part of wider reforms that help people into work and ensure fiscal sustainability, the government will re-consult on the WCA descriptor changes, addressing the shortcomings in the previous consultation, in light of the judgment. The government intends to deliver the full level of savings in the public finances forecasts.”
David Southgate, policy manager at disability equality charity Scope, said: “It’s good that the previous government has been called out for its mistakes. Proposed changes to the WCA were only about saving money not meaningful change.
“Life costs a lot more when you’re disabled, and cutting support to those who need it most will lead to even more disabled people living in poverty.
“There is already so much anxiety and uncertainty about what is happening with benefits reform. The current government must take forward these lessons to the next consultation, and work with disabled people to fix our broken benefits system.”