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Judge rule Incapacity Benefit Cuts Consultation ‘misleading and unlawful’

Ellen Clifford, a Disability rights advocate with short brown hair and wearing a light-colored jacket, speaks passionately in front of a banner that reads “Bromley & Disabled DPA,” with a fist symbol representing activism.

In a landmark judgment on 16 January 2025, the UK High Court declared the Department for Work and Pensions’ (DWP) consultation on proposed reforms to the Work Capability Assessment (WCA) as unlawful. The court found that the consultation was “misleading,” “rushed,” and “unfair,” failing to provide adequate information about the substantial impact on Disabled people and not allowing sufficient time for meaningful engagement. 

Background of the Legal Challenge

The legal challenge was spearheaded by Disabled activist Ellen Clifford, who has been a prominent figure in advocating for the rights of Disabled individuals. Clifford argued that the DWP’s consultation misrepresented the proposed WCA reforms as measures to support Disabled people into employment, while the primary aim was to achieve cost savings. She highlighted that the consultation failed to disclose that approximately 424,000 Disabled people would experience significant benefit reductions, with many losing at least £416 per month. Internal DWP estimates revealed that such cuts could push 100,000 ‘highly vulnerable individuals’ into absolute poverty by 2026-27. 

Clifford’s legal action received backing from Disabled People’s Organisations (DPOs) across the UK, including Disabled People Against Cuts (DPAC), the Black Triangle Campaign, Disability Rights UK. 

High Court’s Findings

Mr Justice Calver, presiding over the case, criticised the DWP for failing to adequately explain the proposals and their potential consequences. He noted that the eight-week consultation period was unlawfully short, especially considering the significant impact of the proposed reforms. The judge emphasised that the consultation documents did not clearly state that cost savings were a primary rationale for the proposals, nor did they adequately inform respondents of the potential financial losses they might incur. 

Reactions from Disability Organisations

The ruling has elicited strong responses from various disability organisations. Aoife O’Reilly, the solicitor from the Public Law Project who represented Clifford, stated:

“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.” 

Disability Rights UK also commented on the judgment, highlighting the misleading nature of the consultation and its failure to disclose the substantial cuts to disability benefits. They pointed out that the consultation did not make clear that cost savings were a primary rationale for the proposals. 

Government’s Response and Next Steps

In response to the High Court’s ruling, a government spokesperson stated:

“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 has committed to conducting a new consultation process that addresses the deficiencies identified by the court. This re-consultation aims to provide clearer information about the proposed changes, their financial implications, and the underlying motivations, ensuring that Disabled people and relevant organisations have sufficient time and information to participate effectively.

Implications for Disabled People

The proposed WCA reforms have significant implications for Disabled people. As previously reported, the changes could lead to substantial reductions in financial support and impose stricter conditions, increasing the risk of sanctions. These measures could exacerbate the challenges faced by Disabled people, pushing many into destitution.

The High Court’s ruling underscores the necessity for transparent and inclusive policymaking, especially when the outcomes significantly communities that face high financial risk. It also highlights the critical role of activists and organisations in advocating for the rights of Disabled people and holding the government accountable.

WECIL’s Commitment

WECIL commends this ruling and reaffirms its commitment to challenging barriers to independent living. We will continue to support initiatives that uphold the rights of Disabled people and ensure their voices are central to decisions that affect their lives. We urge the government to engage in genuine consultation with Disabled individuals and organisations to develop policies that truly support and empower the Disabled community.

This judgment serves as a reminder of the importance of meaningful engagement with Disabled communities in policymaking. WECIL remains dedicated to advocating for the rights and well-being of Disabled people, ensuring that their perspectives are integral to the development of policies that affect their lives.

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