Disabled activist Ellen Clifford, who spoke at WECIL’s Access All Areas event in 2022, has initiated a legal challenge against the Department for Work and Pensions (DWP) over proposed reforms to the Work Capability Assessment (WCA), which she argues could lead to “cataclysmic” cuts in out-of-work disability benefits. The High Court in London heard the case on 10 and 11 December 2024, focusing on the legitimacy of a consultation process conducted by the previous Conservative government.
The contested reforms, announced in the 2023 autumn budget, aim to tighten the WCA criteria, potentially resulting in over 400,000 Disabled people losing up to £416 per month by 2028-29. Many affected individuals could also face stringent new conditions and the risk of benefit sanctions.
Clifford contends that the consultation preceding these proposals was “rushed and disingenuous,” lacking sufficient information for meaningful engagement and failing to consider the substantial impact on Disabled people. She asserts that the primary motive behind the consultation was to reduce spending on disability benefits rather than genuinely support Disabled people into employment.
Supporting Clifford’s challenge, the Public Law Project (PLP) argues that the DWP did not conduct necessary employment or disability impact assessments before launching the consultation. PLP lawyer Aoife O’Reilly stated that this oversight suggests the consultation was a “money-saving exercise, disingenuously presented to some of the most vulnerable people in our society.”
Prior to the court hearing, Disabled activists and allies, including representatives from Disabled People’s Organisations such as Disabled People Against Cuts (DPAC), Inclusion London, WinVisible and Black Triangle Campaign, held a vigil outside the Royal Courts of Justice. They were joined by members of unions such as Unite, Equity, and PCS, demonstrating solidarity against the proposed cuts.
John McDonnell, Labour’s former shadow chancellor, attended the vigil and described the judicial review as “one of the most significant cases for Disabled people that I have seen in the last couple of decades.” He emphasised the potential for the case to prompt a comprehensive reevaluation of both the proposed cuts and future policy.
The current Labour government has indicated plans to achieve similar levehas not clarified whether it will implement the specific WCA cuts proposed by its predecessor. The outcome of Clifford’s legal challenge could significantly influence the direction of these policies and the future of disability benefits in the UK.
