High Court rules DWP consultation on Work Capability Assessment reforms unlawful

The High Court has ruled that the Department for Work and Pensions acted unlawfully in its 2023 consultation on changes to the Work Capability Assessment, the test used to decide eligibility for the health component of Universal Credit or Employment Support Allowance¹. Mr Justice Calver found the consultation was "misleading", "rushed" and "unfair"¹.

The court found the DWP presented the reforms as a way to support disabled people into work without making clear that cost savings was a "primary rationale"¹. The consultation also failed to explain that the planned 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 month¹. It ran for just under eight weeks before the cost-saving changes were announced in the Autumn Statement, which the judge found was unlawfully short given the circumstances¹.

Internal DWP documents disclosed during the judicial review showed the department had not carried out any employment, equality or disability assessment on the impact of the proposals before the consultation launched, though civil servants had identified that almost 100,000 people could move into poverty under certain internal estimates¹. An equality impact assessment completed after the consultation launched remains unpublished¹. Civil servants were aware the proposals would have a particularly strong impact on those with pre-existing significant mental health conditions and suicidal ideation¹. Documents also recorded that proposals were put to ministers based on fiscal impact, with emphasis on savings that could be announced for the Autumn Statement 2023¹.

Mr Justice Calver relied on views and evidence from Deaf and Disabled People's Organisations, the Equality and Human Rights Commission, the Work and Pensions Committee and welfare rights organisations¹. The Public Law Project said the consultation did not properly explain that many people would receive significantly less money and face conditions or more stringent conditions, with a risk of sanctions¹. It also argued the primary motive of reducing spending on disability benefits was not disclosed¹.

Why it matters for households

The judgment concerns the Work Capability Assessment, which the DWP uses to evaluate whether Deaf and Disabled people are eligible for the health component of Universal Credit or Employment Support Allowance¹. The court found the consultation failed to disclose that 424,000 disabled people would receive lower benefit rates and that many would be worse off by at least £416.19 per month¹. The proposed changes have not been implemented; the ruling means the consultation process behind them was unlawful. Ellen Clifford said one internal DWP estimate indicates 100,000 disabled people classed as highly vulnerable would be pushed into absolute poverty by 2026/27 as a result of the types of cuts proposed in the consultation¹. Inclusion London said the policy if implemented would be devastating for at least 450,000 disabled people¹. The Public and Commercial Services Union said the changes would see more than half a million more Deaf and Disabled people at risk of sanction¹.

What happens next

The judgment does not itself scrap the proposed reforms. The Public Law Project, Ellen Clifford, Inclusion London, Disabled People Against Cuts and the Public and Commercial Services Union have all called on the Government to drop the proposed changes to the Work Capability Assessment¹. The Public Law Project has also urged the Government to commit to consulting disabled people fairly and lawfully in future¹. No response from the Government to the judgment is reported in the source material.