The Department for Work and Pensions (DWP) is facing a pivotal legal challenge regarding its proposed changes to disability benefits. With the High Court now involved, scrutiny has intensified over the fairness of the consultation process and the potential impact on claimants.
Legal Challenge Over Consultation Process
Ellen Clifford’s legal team, comprising solicitors from the Public Law Project and barristers Jenni Richards KC and Tom Royston, has argued that the DWP consultation process lacked transparency by withholding key information. In court, Tom Royston remarked, “It’s scarcely imaginable that that wouldn’t have been pointed out by consultees, but it couldn’t—it was information only available to the defendant.”
The consultation revealed that 14.6% of new claims awarded Limited Capability for Work-Related Activity (LCWRA) status relied on substantial risk criteria, forming a core argument for reforming the Work Capability Assessment (WCA). Campaigners contend that these changes fail to offer clear benefits to disabled individuals.
Key Issues Highlighted :
- 14.6% reliance on substantial risk criteria lacks sufficient justification for narrowing eligibility.
- Consultees were denied access to critical data, raising concerns about transparency.
- Proposed changes risk reducing support for claimants with no evidence of better outcomes.
- Broader issues of fairness and accuracy in the WCA system remain unresolved.
The reforms risk worsening challenges for disabled people, with transparency concerns and unclear benefits making the upcoming green paper crucial for future policy.
Background on the WCA and Proposed Changes
The Work Capability Assessment (WCA), introduced in 2008, determines eligibility for disability benefits such as Employment and Support Allowance (ESA). It evaluates the severity of disabilities or illnesses using a points-based system.
The proposed reforms aim to restrict the application of substantial risk criteria, currently used to grant LCWRA status in exceptional cases. According to the DWP, the criteria are applied too broadly. The consultation document stated, “The application of LCWRA risk has gone beyond the original intent.”
Key Statistics :
- 14.6% of LCWRA awards stem from substantial risk criteria.
- Approximately 1.8 million people in the UK receive out-of-work disability benefits.
- The DWP aims to reduce the £25.9 billion annual cost of disability benefits.
Advocacy Groups Warn of Disproportionate Impact and Systemic Flaws
Disability rights organisations have raised serious concerns about the potential consequences of the reforms. Ellen Clifford of Disabled People Against Cuts (DPAC) described the changes as financially motivated, warning they could disproportionately harm individuals with complex or fluctuating conditions, including mental health issues.
Critics have also pointed out flaws in the WCA process. Data shows that 70% of appeals against WCA decisions are successful, highlighting persistent issues with accuracy and fairness.
Government Response and Reform Goals
A DWP spokesperson defended the reforms, stating, “We can’t comment on live legal proceedings. We’ve been clear the work capability assessment is not working. That’s why we will bring forward a green paper on our proposals for reforming the health and disability benefits system as part of a proper plan to genuinely support disabled people into work and, in turn, bring down the benefits bill.
We will work closely with disabled people and their organisations as we develop our proposals, which we will publish in the spring.”
The government has committed to working with disability organisations to refine its proposals, with a green paper expected in the spring.
Objectives :
- Increase employment rates for disabled people, currently at 53.5%, compared to 82% for non-disabled individuals.
- Address benefit overpayments, which reached £4 billion in 2022 (4.5% of total payments).
This case highlights the challenge of balancing fiscal objectives with ensuring equitable support for vulnerable populations. The outcome is likely to set a critical precedent for disability policy in the UK, shaping how employment and welfare reforms are approached in the future.
Punishing vulnerable people for being disabled….to ne.. these are human rights violations
We don’t choose to be disabled the government and dpw have assaulted and neglected disabled people for too long and not saying they are going to take cash payments away will be putting disabled people into more risk and suicide.. and forcing people into work environments that could potentially trigger serious mental health in some cases of cptsd or other mental health like autism which could really mess up the mental health and routine and comfort of people with these disabilities.. also risk to disabled people of dangerous environments in the work places..e.g items falling on a person in wheelchair or if sine 1 attacks staff in a work place or becomes violent to staff it happens to non disabled people in work places how do you think it would be for disabled people who would be an easier target
I RECIEVE PIP AND MY AWARD IS DUE TO RUN OUT OVER OR JUST AFTER XMAS 24 THE FACE TO FACE OR OVER PHONE INTERVIEW PROCESS FRITENS ME THAT MUCH I AM PHYSICALLY VOMITING BEFOREBI GO AND THE WORRY AND SLEEPLES NIGHTS I HAVE ARE UNBELIEVABLY UPSETTING FOR ME I HAVE COPD ASTHMA ASWELL AS OTHER ILLNESSES AND SYRUGGLE AT THIS TIME WITH MY MOBILIYLTY I DREAD WHAT HAPPENS NEXT TO ME WILL THEY TAKE MY BENEFITS OFF ME ?I DREAD TO THINK .
This is the problem you should keep the cash payments for all disabled people.
The dwp and this government is apolling as thay would rother give the inigrents a free house or holel and pay all the bills for them and it’s not even there country. That’s y we are in debt so stop using the excess and stop paying the inmration and sopourt the disability people that need it
Disabled people should not need to go through an assesment and the people who do the assesment do lie
So so fed up with the Assault on Disabled People, How do Labour Politicians sleep at night ,Ooooppps forgot on their very comfortable beds 🛌 in their lovely ….WARM…second homes 🏡. Taking a break in their subsidised Bars Restaurants and Private Clubs 🤔 when their not enjoying all those Freebies…but hey it’s OK folks we have assisted dying to look forward to…Eleven months i’v been waiting for a Review, Received a letter informing me they might get round to it by Jan 2026..
If I’m still around by then …I’l crawl if I had to ….with A Tabloid reporter and camera 📷 man. Keir Starmer and Co,
SHAME on all your Lies and Decete.
Brian Greatorex if I have hosing benefits and my ESA as I have depression and anxiety. I May start Overly doss on pill to ( END MY LIFE )
Putting ppl with certain disabilities would fail due to many health and safety laws, not to mention the fact dwp more often get it wrong than right and most having to appeal. The DWP themselves have lost a court battle with one of its own employees for not following their own rules and laws with disabilities in the workplace (thecontentcoach on youtube). If they themselves can’t follow the laws it only shows they would not care about safety of disabled in other potential work environments. The mental health deterioration in this country is at the hands of the government, both rishi sunak and now starmer. Why are they themselves not taking cuts and paying into the debts they created, instead they cut vulnerable, pensioners and disabled. The country is being destroyed, big huge long established companies are going into liquidation, many big names disappearing, then they wonder where the unemployed are coming from? There’s no family life or rest for people anymore here, everything is work work work and stress just trying to live on basic needs. Then their mental health gets hit hard and they get discriminated against for having a mental breakdown. It says everything when the king, queen, William and Kate are going around the country helping in food banks, homeless shelters and building British citizen homeless accommodation, notice how it’s not overly in the media. Yet non of the politicians get seen helping homeless or supporting food banks or even taking cuts. Country is destroyed. They should hold their heads in shame.
No
I am so under pressure with them saying they won’t do this or that, then go against what they say. I don’t believe a word any of them say !
I have got spine damage in three places, my knees are damaged, half my body is numb with toggles, 2 broken elbows a foot with four screws in screwing onto my leg and diagnosed with PTSD because of a life changing accident my son was in. In the report they put that my illness cannot get better, but they are asking for a review 8 months early. Which as now got my mental health side going thinking they are picking on me because I can talk I can go and get a job and has been giving me so many sleepless nights. In the report they lied and said I can use public transport, which I cannot but then saying I cannot get out on my own. And I can read and write even tho I said the firm was filled in for me and I was told and explained the questions to me. So they do lie, that is why I keep a copy is what I put and say and always ask for the report they have given which you can have, but they do not let you know this. I have MRi scans, x rays that say my spine is seriously damaged. This back and forward from Labour is putting stress on me that I cannot cope especially when you know they lie and now they are saying they are cutting back, so now they are going to lie a lot more !
I had accident at work 2014 my condition is getting realy worse need operation on my back L2 L3 L4 L5 plus disc takeing out plus injection sacriatic joint. I’m realy upset by labour they don’t like disabled people I’ve been told so by labour. they delivered papers to houses but said I can’t have one labour done this cause I’m disabled. I think labour won’t look after me and others high court should rule in disabled people’s favour cause labour going against the law wot rights have disabled got labour are a disgusting party who just don’t care. Thanks Joe savage
I receive Pip and have done for a while, my problems arise with my serious mental health! Psychosis, and personality disorder, they award me my payments based on my points, this to me is fair as I have provided the specialists diagnosis from the psychiatric hospital.( Incarcerated more than several times in hospital)
Due to these mental health problems I am seriously unfit to be placed into a workplace environment as I have been known to majorly kick off due to the voices in my head telling me what to do such as punch, kick, pick up something easy to hand and wallop them, I have been known to go worse such as knife !, this also includes self injury, I am classed as dangerous to others and myself but they still think I will get better by Friday next.
What my problem I have with the DWP is that they keep giving this award for a short time as in their thoughts I could be cured by next week ? Seriously if any one lives with these conditions they know that is not the case. Furthermore I have encountered serious problems with these agencies who deal with PIP appointments they lied to the DWP to reduce or stop my payments, on this last occasion the DWP noticed it after I sent in a mandatory reconsideration.
My payments are my lifeline and this money allows me to out with someone like a friend (don’t go out on own due to problems) to have a coffee,lunch,go to the Vue picture house, a bus/train for a cheap afternoon out mostly the things that ordinary people get and to remove this would have me think the DWP just want people like me dead (off the books permanently) I would not be the first or last person to take one’s life due to their actions.
All I ask of the DWP is stop what you’re doing against people on disability payments and realise what serious problems you will cause if you keep in with this savings scheme because in my case if you force me to work with others and I have a mental breakdown and injure someone.
When l voted Labour this year l thought tories out Labour will change everything , no they did not they are picking on everything to get taxes.
Disability people how low can Labour go . Expect people with disabilities to go back to work with mental health issues, mobility issues , spinal chronic diseases . Learning disabilities . Appalling Labour is they are like another tories with masks on mps will never change look what they get paid for sitting in parliament 300.00 to sit on their ass and do nothing , what right have they to say disabilitie people should go work . And for cutting benefits is redict. They are just picking on the vulnerable people disability. Disability people should fight this all the way in court cause l ain’t standing back watching my partner going back to work with chronic spinal disease. How dare they do this to us .
And for inheritance tax that us disgusting taken money from dead people’s families we are not in the 1400 s no more so much greed with Labour they said they want to better our countries this isn’t happening the power has went to their heads 🙄 us people need to stand up for our human rights .
So I have severe diagnosid mental health issues along with fused discs and no cartilage left in spine, so I cannot bend or lift. My knees are both bone on bone, to young for knee replacement.
I can barely manage on the money I recieve now and I’m dreading being migrated onto universal credit, I will be around £300 a month worse off. How the hell am I supposed to manage with that. I know that I will be sanctioned for not attending any appointments. Psychiatrist says it will be dangerous for me and dangerous for them to as I will have a psychotic episodes.
I hate Starmer and what he is doing to this country, and to be honest with all the illegal immigrants being given the red carpet treatment and all,single men of military age it won’t be long for us and the rest of western Europe to be plunged into civil war.
Stop picking on the disabled and do something about the boats coming over daily for handouts
I have Crohn’s, short bowel syndrome( 60 cm small bowel 40 cm of large) I have vitamin deficiency and electrolyte deficiency I’m in hospital once a week for magnesium infusions and sometimes others, I have a vitamin d deficiency and b12 but benefits agency practitioners tell me I can lead a normal life. I never have the right level of fluids in my body and have a fluid limit to stick to I’ve met people that have less problems than me but get more help than me and get a blue badge, i don’t get a blue badge get less money than these people because benefit agency practitioner claim i can lead a normal life and they can’t see how my problems cause a problem they ask for details of your health professionals but dont contact them instead they listen to their practitioners who know nothing of a person’s illnesses it’s fraud to stop people getting what they need.