High Court Rules DWP Disability Benefit Reforms Consultation 'Unlawful'

Department for Work and Pensions (DWP) ordered to reconsider process for changes to disability benefits

The High Court has rejected the consultation process for changes to disability benefits, calling it “confusing and unfair”. The decision is being seen as a major victory for the rights of disabled people who rely on these benefits.

High Court decision

On several grounds the High Court found the consultation on reforms to the Work Capability Assessment (WCA) flawed. It raised the following key issues:

Misleading presentation: The government did not make it clear that the proposed reforms would lead to a significant reduction in income for a large number of beneficiaries. According to estimates, about 4,24,000 disabled people could lose up to £416.19 per month.
Short consultation period: Only eight weeks were given for consultation, which was insufficient for such serious and impactful reforms. This was deemed “unfair” and “unlawful”.
Lack of information on consequences: The consultation process did not make it clear that voluntary work-based activities would be made compulsory and would reduce the income of many beneficiaries.

Proposed reforms

Under the original proposals, the Conservative government planned to tighten eligibility for receiving disability benefits. The aim was to get 400,000 people into work-based activities by 2028/29 and save £3 billion.

However, critics believe the reforms prioritized cost savings and ignored the need to truly support disabled people. Internal estimates suggest 100,000 extremely vulnerable beneficiaries could be pushed into absolute poverty by 2026/27.

Reaction

Disability rights activist Ellen Clifford, who led the legal challenge, described the decision as a significant victory. She said it was a matter of “life and death”. Clifford and other activists are urging the government to prioritize the wellbeing of disabled people by dropping these proposals.

Legal organizations such as the Public Law Project also welcomed the decision and called for the reforms to be reconsidered. They stressed that the consultation process should include disabled people and their support groups.

Impact

The decision could prove challenging for the current Labour government, which promised to implement these reforms. Shadow Chancellor Rachel Reeves confirmed these reforms would continue to be implemented in order to achieve the target of £3 billion in savings in October 2024.

However, activists are now urging the Labour government to learn and not repeat the “misleading” policies of the previous government. Linda Burnip, from the organization Disabled People Against Cuts, has urged Labour to maintain integrity and transparency in its upcoming consultation process.

Next steps

The decision sends a strong message to policymakers that it is imperative to ensure transparency and fairness in policies affecting vulnerable groups. Organizations such as Scope and the Public and Commercial Services Union are also calling for the reforms to be scrapped altogether.

A government spokesperson acknowledged the decision, saying they are committed to addressing the shortcomings of the consultation and re-engaging with the public on the WCA reforms.

What next?

The DWP plans to launch a new consultation process soon that will address the High Court’s concerns. Activists and advocacy groups are cautious and calling for reforms that genuinely support disabled people, not just focus on cutting costs.