Tory reforms to the Work Capability Assessment would have cut almost half a million disabled people’s benefits by nearly £5,000 a year.
The High Court has ruled that previous Conservative government acted unlawfully by trying to cut disability benefits for nearly half a million disabled people by almost £5,000 per year.
The courts found that under the Tories, the DWP presented benefit assessment reforms as a way to support disabled people into work, without making clear that cost savings were a “primary rationale” for the proposals.
The case, launched by disability campaigner Ellen Clifford, challenged the lawful of the consultation undertaken by the previous Conservative government.
In September 2023, the Conservatives launched a consultation to change how the Work Capability Assessment (WCA) functions, reducing qualifying criteria for welfare benefits for those with long-term health issues or disabilities.
However, the Labour government continued to defend the case in the High Court, maintaining that the consultation was lawful.
Mr Justice Calver’s judgment repeatedly described the DWP consultation as “misleading”, “rushed” and “unfair”.
Ellen Clifford said: “I am overjoyed that the court has recognised the importance of properly consulting Deaf and Disabled people on reforms that would leave many worse off by at least £416.19 per month.
“This is 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.”
Following the High Court ruling, a DWP 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 work capability assessment 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.”
Olivia Barber is a reporter at Left Foot Forward
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