DWP urged to scrap disability benefit reforms after High Court rules consultation 'unlawful'
The DWP's consultation on disability and benefits has been ruled “misleading and unfair”
The Department for Work and Pensions (DWP) has been urged to scrap planned changes to disability benefits after the High Court ruled a previous consultation was unlawful.
The government said it "will re-consult on the work capability assessment (WCA) descriptor changes, addressing the shortcomings in the previous consultation, in light of the judgment".
In autumn 2023, the DWP announced plans to change the way the WCA – the test that deems whether someone with a health condition or disability is fit to work – was scored.
At the time, Conservative ministers presented reforms to disability benefits as supporting disabled people into work, when saving money was the “primary rationale” for the proposals, the judgment from the Royal Courts of Justice said on Thursday.
It also said that the eight-week consultation period was too short for people to submit evidence, and the "misleading" way the proposals were framed did not indicate that disabled people receiving benefits like PIP would lose hundreds of pounds.
In October 2024, Rachel Reeves confirmed in the autumn budget that Labour would press ahead with the planned changes, pledging to "deliver those savings as part of fundamental reforms to the health and disability benefits system”.
Under the Conservative proposals, welfare eligibility would be tightened so that around 400,000 more people who are signed off long term would be assessed as needing to prepare for employment by 2028/29, reducing the benefits bill by an estimated £3bn.
'This is a life or death issue'
Disability rights campaigner Ellen Clifford, who brought the legal action against the government, argued that the process did not provide people with sufficient information or time to respond to the proposals.
She argued that the consultation also failed to explain that the reforms would lead to 424,000 disabled people receiving lower benefit rates and that many would be worse off by at least £416.19 per month.
The ruling said it was "not made adequately clear" that the legislative proposals for claimants "were to replace voluntary work related activity with compulsory work-related activity, and to reduce the income of a large number of claimants".
What did the ruling say?
"There is a strong evidential basis for finding that less than eight weeks for a consultation concerning such significant proposals was insufficient and so unfair as to be unlawful.
Accordingly I do not accept the suggestion that the consultation period was adequate because only a “tiny minority” expressed concern about the shortness of the consultation period. Many of the NGOs expressed serious concern about it, as did the Work and Pensions Select Committee. In any event, whether the shortness of the consultation period was unfair is not to be judged by reference solely to the percentage of people who complained about it.
Responding to the ruling, Clifford said she was "overjoyed" by the ruling, branding it "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 well-being of disabled benefit claimants their priority, as well as commit to consulting us fairly and lawfully in the future.”
The impact of the ruling
Campaigners like Clifford are urging the government to drop the planned reforms to the work capability assessment in light of the ruling.
While the consultation took place under the Tory government, the current Labour government chose to defend it in court and commit to the savings that would be made by these benefit reforms.
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."
David Southgate, policy manager at disability equality charity Scope, said that "it’s good that the previous government has been called out for its mistakes."
He told Yahoo News: “Proposed changes to the WCA were only about saving money not meaningful change.
“This behaviour did occur under a previous government, but they all have a duty to disabled Britons to uphold the law."
The Public and Commercial Services Union said it also urging the government to scrap the "deeply flawed" proposals.
"We urge the new government to scrap these proposed changes ... and instead carry out a meaningful consultation on genuine welfare reform with all key stakeholders," a spokesperson added.
The news also comes as benefit claimants prepare for the outcome of a separate consultation on the disability benefits system, which is due to report in the spring.
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.
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."