Appeal of PIP Consultation Judicial Review Not Successful

This morning we received the final judgment in our appeal of the judicial review of the consultation for PIP. The appeal was not successful.

The full text of the judgment is linked below but I will quote here the key paragraphs that my solicitor pointed out.

  1. Once it was accepted, as it had to be on the evidence, that the Respondent approached the 2013 consultation with an open mind, it seems to me that the challenge to the process as a whole must fail. It is explained in the evidence that all options were open as to the “Moving around criteria”, even if that meant changing the criteria for “Planning and following journeys” or looking for funding elsewhere. The reality was that consultees such as Mr Sumpter had every opportunity to present to the Respondent the difficulties that the move from a 50 metre benchmark to a 20 metre one would cause to them. It is clear that such opportunity was taken. In reality, it would have gone nowhere to contend in the consultation that the physically disabled should continue to be favoured at the expense of those who suffered other disabilities. No doubt none would have wished to present such an unattractive argument. Given the Respondent’s overall policy to make PIP available to a wider category of the disabled, new beneficiaries obviously had to come into the equation and there would have been no point in contending that they should be excluded.
  1. …As I understand the law, consultation has to be fair; it does not have to be perfect. With the benefit of hindsight, it will no doubt often be possible to show that a consultation could have been carried out rather better, but that will not necessarily mean that it was unfair. That is what the judge said at paragraph 123 of his judgment and I agree with him.

I note that the judge did draw attention to the choice that the government made to frame continuing to help physically disabled people as unfairly withholding help from people with mental and cognitive difficulties. He did not, however, find it relevant that the consultation failed to admit the government decision to give new help at the expense of help previously available. The judge implied that people responding to the consultation only needed to talk about the difficulties we would face, not about the decision to take money away for use elsewhere.

It should be noted that the government had previously said while defending this case that they know they are removing DLA from “individuals with genuine health conditions and disabilities and genuine need” and “removing or reducing that benefit may affect their daily lives.” (This is a direct quote of words used by the government and quoted in the judgment in 2014 at paragraph 80.)

[PDF] Final judgment PIP judicial review appeal

For further information please contact solicitors for this case, Irwin Mitchell.

Previously on this subject:

PIP 20 metre rule consultation back in court

PIP judicial review: Court rules against us but vindicates our case

Two weeks until PIP Judicial Review – 20 metre limit in the dock

Replacement of disability living allowance headline news for hours

Why I am suing the government

“Lots of folk can’t afford a car”

PIP 20 metre rule consultation back in court

This time last year we took the Department of Work and Pensions to a judicial review to decide if they properly consulted about cutting help for people who can only walk a few metres.

The original consultation did not make clear the plan to cut the qualifying maximum distance from 50 metres to 20.  In quite strong language for a judge, the court noted that the consultation was  “Mind-bogglingly opaque”, “At best ambivalent”, and “Convoluted, inherently unclear, ambiguous and confusing.  No construction allows for full coherence.”

Nevertheless, the court found – very narrowly – in favour of the government and said that the second consultation, started after this judicial review was in motion, was enough to make things right.

This week we are back in court to appeal that decision. We argue that the second consultation could never have changed the decision that had already been made. The hearing will take place in the Royal Courts of Justice in London from 10:30 on the 14th and 15th of July. The judgement will follow a few days later.

It is frustrating that this case is about whether the consultation on PIP was fair rather than about the cut itself, but the courts cannot decide on government policy. As part of their defence the DWP pointed out that they are fully aware of the impact of their policy, and are removing DLA from “individuals with genuine health conditions and disabilities and genuine need” and “removing or reducing that benefit may affect their daily lives.” The DWP did do a consultation on their policy though, and that consultation wasn’t fair, so that is what we are fighting.

 

Electric Wheelchair in the back of a car
My Motability car, which I stand to lose if denied the high rate mobility component of PIP

 

Background information

As part of the Welfare Reform Act 2012 the government replaced Disability Allowance with Personal Independence Payments. Their main reason for the change was to introduce repeated frequent testing to see if claimants have miraculously healed. They also changed the maximum distance that you can walk and still qualify for help towards regaining your mobility. Under DLA the cutoff was recognised to be 50 metres. Under PIP it has been slashed to just 20 metres. This means that if someone can walk more than 20 but less than 50 metres (subject to a few caveats) then they will no longer get the highest amount for the mobility component of PIP. Assuming the person still qualifies for the lower rate of mobility, this is a cut of £35.65 per week. But worse than that, the higher rate mobility component is a gateway to all sorts of help including the right to lease a car or wheelchair through the Motability scheme. As a result of this cut more than a hundred people are losing their car every week, and many thousands more will follow when they are reassessed for PIP. Losing independent transport means losing independence and access to services.

A prominent example of this came just last month when Teenage Paralympian Kayleigh Haggo was denied the higher rate for mobility and lost her car. Kayleigh got her car back after the decision was overturned a few weeks later but this illustrates the problem that we are facing.

UPDATE
The hearing took place and seemed quite positive however the judgement will follow at a later date, probably October.

Previously on this blog:

PIP judicial review: Court rules against us but vindicates our case

Two weeks until PIP Judicial Review – 20 metre limit in the dock

Replacement of disability living allowance headline news for hours

Why I am suing the government

“Lots of folk can’t afford a car”

“A life on benefits is frankly no life at all.”

“Starting a life on benefits is, frankly, no life at all.”

– David Cameron, BBC Question Time 30/04/2015

In that one sentence last night David Cameron dismissed my life as nothing. My family were poor. We received benefits when my dad worked, and we received benefits after work made him disabled. I went to university in spite of this background, and received a student grant. While I was studying I became sick with what I would later find out was a mitochondrial disease. I still worked when I could, albeit intermittently and claiming incapacity benefit at times. Later I started a computer repair business but became too sick to work after a year of that. Now I live on benefits – I am in the Support Group on ESA, which is for people that even Atos and the DWP admit are unlikely to be able to work in the foreseeable future. I also receive DLA, Housing Benefit and various others.

What none of this has done is make my life worthless. I do not have “no life at all.” I am a person, with experiences, who has contributed to society just by being myself. I enjoy things, I create things, I learn things, I say things. I talk to friends and make new friends. And all of this despite starting my life on benefits and continuing it now on benefits. All of this despite the fact that I may never be able to undertake paid employment again.

David Cameron, though, disagrees. Asked to stop talking about the economic reasons for his policies and talk about the moral issues, he said:

“helping people into work is the most moral thing”

– David Cameron, BBC Question Time 30/04/2015

Except it’s not, though, is it. Helping people to find paid employment is not the most moral thing, even if that was what the Tories had been doing rather than yanking away support and telling people to sort themselves out. What is actually the most moral thing is making sure that all people have food and shelter, and the ability to live a life that they find value in. Paid employment is only one path to that. Paid employment (or attempting to start your own business, for that matter) is an option that is for many not available – whether that is from lack of available jobs, lack of training, sickness and disability, caring responsibilities, or some other reason.

We as a society are able to provide for everyone. Less labour is required to feed and clothe us with every new day. We do have jobs that need doing, such as in care and healthcare, but private employers aren’t going to pay for those. If we want more people to be employed then others are going to have to work less. But employers want to extract maximum profit from the minimum amount of pay so that isn’t going to happen any time soon.

One thing is certain: People like David Cameron and Iain Duncan Smith have no idea what the lives of people on benefits are like but they judge us anyway. They decide we have miserable meaningless lives but then make everything so much worse by snatching away support and telling us to get jobs that aren’t there or that we are unable to do.

 

Mental health treatment in the Job Centre – what could possibly go wrong?

A Mental Health task force set up by Nick Clegg has decided to subject people on benefits to mental health treatment at the Job Centre.

Out of all the possible environments for mental health treatment, the Job Centre could the worst.

The treatment will take the form of talking therapy and computer-based Cognitive Behavioural Therapy. A posting on the governments’s Contracts Finder website reveals that the DWP intend to spend £21 million on the online CBT. It is not clear how much they intend to spend on human therapists, where they think they can get them, or whether they will actually have training and experience to do the job.

There are so many problems with this scheme that it is hard to know where to start. The biggest problem I can see is that there can be no meaningful consent to treatment in the context of the Job Centre. Where once the Job Centre was there to help people to find a job, these days it is more known for ruthless sanctions and cutting off benefits for whatever trivial excuse they can come  up with. If Job Centre staff tell someone that they need mental health treatment it will be backed up with words such as “your benefits may be affected if you do not attend” which is a barely-veiled threat that they apply to most “voluntary” tasks that they inflict on people.

The regime of sanctions and workfare means that the Job Centre is a direct cause of much mental illness among people on benefits. I cannot see anyone wanting to reveal this to any therapist in the Job Centre even if absolute confidentiallity is promised. There is too much danger of it leaking to vindictive staff who are eager to hit their targets for sanctions.

Computer-based CBT could be even worse. CBT does not work for everyone and there is a chance that staff will use failure to get better as an indication that someone is not trying, and an excuse to cut their benefits. CBT often makes people worse before they get better and it is not something that should be done in a public place where there is little chance of privacy. It could leave people in a raw emotional state and vulnerable while out in public, or the setting may prevent people from engaging at all. Indeed, the suspicion will be that Job Centre staff will monitor progress just like they monitor the Universal Job Match system.Whether true or not, that will be a barrier to a lot of people.

This whole scheme seems to have been set up with the primary aim not of improving mental health, but of getting people in to a job. There is no indication of how the DWP will treat people whose mental health does not improve enough to get a job, or even get worse. Clegg’s mental health task force seems to have no clue about the reality of unemployment, poverty or illness. Had they asked anyone in this situation they would have been told that this plan will be damaging, not helpful.

If there is money available – and seemingly, there is at least £57 million available – why on earth isn’t it being spent within the NHS to undo some of the savage cuts that have taken place? Lots of people including myself have been desperate to get proper talking therapy from the NHS for years but unable to do so. Tories and LibDems seem desperate to force unsuitable treatment without consent on people on benefits instead of properly funding NHS services. This scheme is a useless bandage on the gaping wound inflicted by this government and it will do more damage than it helps repair.

Related Links

Clegg announces plan for job centre mental health treatment scheme

Nick Clegg holds first meeting of mental health taskforce

Contracts Finder: Online Supported Cognitive Behavioural Therapy

 

Do unemployed people need a kick up the backside?

It is a common belief that unemployed people are mostly scroungers who need a kick up the backside to get them working. People believe that others choose not to work because benefits are luxurious. I argue not just that is wrong, but also that the reasons for not finding work are irrelevant.

There simply aren’t enough jobs for everyone. Although there are about 868 thousand people claiming Job Seeker’s Allowance and approximately 700 thousand advertised vacancies, those figures do not tell the whole story. The job vacancies that remain unfilled are for the most part not available to the people who are looking for work, because employers consider most remaining unemployed people to be undesirable as employees. Maybe that is because of their lack of qualifications, or gaps in their CV, their perceived attitude to authority, or simply the way they look. Many vacancies are filled by people who are leaving another job and are never open to unemployed people.

In some areas there are hundreds or even thousands of applicants for each job. The real availability of jobs for the average jobseeker is revealed in news stories like these:

Society is focussed on working for employers. It is unlikely that going self-employed or starting a business will be successful, and it is even harder under Universal Credit where a self-employed person is assumed to be earning at least minimum wage.

It is no longer feasible to survive by building your own house and growing your own food on your own land. Back in the distant past there was work for everyone, just because keeping people supplied with food and shelter was so intensive. It used to be possible to remove yourself from society to build your own house and grow your own food but that isn’t true anymore. There is no land available to farm without paying for it, no way to be self sufficient without having taxes demanded of you. Even the smallest interaction with the rest of society requires money. There is no choice but to accept employment working for someone else or find a niche to start a business in, and there are not enough jobs and not enough business opportunities for everyone. There are enough resources for society to ensure that everyone is clothed, fed and given shelter, and even to have a high standard of living.

Work on it’s own is not always good for you or somehow virtuous no matter what you say. One study that the DWP likes to quote [PDF link] did say work is good for you but the definition of work used was far wider than just paid employment, and stability of work and income was considered essential for work to be beneficial. Doing something worthwhile will usually make people happier than doing nothing but that doesn’t need to be paid employment. As an aside, work for benefits schemes (“workfare”) can have the opposite effect especially if the work is perceived as pointless. And if the workfare is actually something that needs doing then it’s probably putting someone else out of work.

If employment is not beneficial in itself, and if there aren’t enough jobs to go round, and if there are enough resources for everyone in spite of this, then punishing someone for failing to find a job is simply cruel and vindictive. It is punishment for something people have very little control over. Moreover, it is punishment for failing to do something that is not necessary. If someone doesn’t want to work, what difference does it make to you if they don’t find a job and someone else fills any vacancy? It won’t lower the cost of social security. Would you rather they were unhappy just to make you feel better? A better solution is citizens income / universal basic income, or failing that, putting a stop to benefit sanctions. The all-too popular idea of “Don’t work don’t eat” is cruel and vindictive in this modern age.

“Lots of folk can’t afford a car”

I tweeted about the thousands of people that will lose Motability cars (and wheelchairs) when their DLA is taken away.

A clueless person replied

they get £2k when car is taken away! Lots of folk can’t afford a car at all no matter what their situation x

Lots of poor people are “trapped” without a car but they don’t get £2k to help x

Where do I start?

Most people can walk, or cycle, or get the bus without it causing pain and exhaustion, or get the train, or do a combination of all of that. And yes, if someone is a customer of Motability when their DLA is taken away, they’ll get £2K from the charity. (Part of Motability is a charity.)

It won’t go far.

I have to have a car that is

  1. big enough to get a wheelchair in,
  2. comfortable enough not to leave me in pain,
  3. automatic, with an electric handbrake and cruise control, otherwise, again, pain.

£2K will not buy that car. It will also not do many taxi journeys to doctors, hospitals and supermarkets while living out here in the countryside. So I’ll have to use my electric wheelchair and the bus. I’ve only got the wheelchair because I begged for donations – remember, some use Motability to get one, and it’s a choice of wheelchair or car.

Taking the wheelchair on the bus is extremely exhausting for me and ultimately, painful. If I run out of energy or get overwhelmed by pain half way, I’m screwed. So I’ll stop going out except for vital things, like the doctor. Without a car, that trip takes several hours.

Then I spend a week recovering.

If I stop going out, my already precarious mental health takes a dive. I’ll probably become suicidal again.

Problem solved for the DWP, I suppose.

Just in case you’re under the misaprehension that PIP/DLA is only being taken away from people that don’t really need it, here’s what the DWP themselves said, quoted at a Judicial Review last year:

“we were aware that the vast majority of recipients of DLA were individuals with genuine health conditions and disabilities and genuine need, and that removing or reducing that benefit may affect their daily lives.”

The government is deliberately taking help away from people who can walk more than twenty metres but still less than fifty, and they say they know that those people have “genuine need”, they just don’t care what cutting DLA will do to them.

Is it right to take DLA away from thousands of people because “Lots of folk can’t afford a car at all no matter what their situation”? Ask yourself if it has quite the same impact. Or why the hell you don’t ask why those other people aren’t paid enough to afford a car.

Need benefits? Say goodbye to privacy

On the 13th of February The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2015 come into force. On that date anyone claiming Universal Credit will lose control over who can see their most sensitive personal information. There was a consultation, of course. Sadly, the people who are affected by the new regulations don’t count as important enough to consult and the consultation ended on the 12th of January.

The reason given for these new regulations is that:

“Existing legislation does not provide DWP with a power to routinely disclose information about all claimants receiving UC.”

The consultation sets out exactly what information the DWP want to “routinely disclose”:

3.6 The data provided will include:

  • Full name
  • Initials
  • Contact details including: address, email, telephone
  • Details of others in household, in relation to the relevant Benefit Unit
  • Type of accommodation – private / social rented, owned, none etc.
  • Gender
  • Ethnicity
  • NINO
  • Date of birth / age range
  • Employment status / earning
  • Debts / arrears/rent payable
  • Benefits received including: level of payment, copy of documents (e.g. claimant commitment)
  • Health conditions / disabilities
  • Caring responsibilities
  • Qualifications / training status
  • Transport situation e.g. able to drive /access to car or easy access or public transport
  • Barriers to work
  • Languages spoken
  • Access to financial products such as bank / building / credit union / Post Office card account / credit card
  • Level of personal budgeting
  • Access to computer and internet
  • Level of digital skills

And who your information will be routinely shared by:

  • The Department of Work and Pensions
  • Any “universal support provider” contracted by the DWP
  • Local authorities
  • Credit unions
  • Citizens Advice Bureaux
  • Social landlords
  • Relevant registered charities

The list of “relevant charities” is unclear but a list of those who were specifically consulted includes

“Citizens Advice, Homeless Link, Shelter, The Advice Services Alliance UK, Women’s Aid, Disability Rights UK, Step Change [formerly the Consumer Credit Counselling Service], the National Debtline, Money Advice Service and many others.”

Some of the categories of information to be shared are intensely personal and a lot of people will be horrified to learn that it will be disclosed to a long list of government employees and whatever organisation is deemed “relevant”.  Disclosure of that data to the wrong person could be extremely harmful to many vulnerable people.

The problem with these new regulations goes deeper than just violation of privacy. The reason the DWP want all this information to be shared is so that:

“This information can be supplied to those providers so that they can provide such advice, assistance or support and monitor and evaluate such advice, assistance or support.”

They DWP are talking about Universal Support – described by Lord Fraud as follows:

The roll out of Universal Credit is an opportunity to bring together many different agencies responsible for delivering the current multitude of benefits alongside other local support providers, like local authorities and charities.

Many of these services often work in isolation.

Under Universal Support, these services will be brought together in a joined-up, potentially co-located way, based on local needs to provide whole person support.

Led by a partnership of the local authority and Jobcentre Plus, in the interests of both claimants and the taxpayer.

Whilst we recognise the need to support vulnerable people we also recognise that, for many, vulnerability is not a permanent state but something that affects them temporarily.

We also believe that, even for people with chronic problems, the role of support must be to maximise their life chances, help to move them towards full independence, work readiness (wherever appropriate) and social inclusion.

It looks like social landlords and commercial and charitable organisations you haven’t chosen are going to “support” you whether you want that or not, whether the help is relevant or not, regardless of whether or not they know what they are doing. They are going to be given your private information to do it and they are going to monitor you to check that you obey. And they are going to to it in the interests of “the taxpayer”.

Further Reading

A government agenda to dehumanise benefit claimants – The Guardian

The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2015

The consultation for the new data sharing regulations [PDF link]

Lord Freud’s, Minister for Welfare Reform, speech to the Local Government Association (LGA) about Universal Credit and Universal Support

@bendyleopard wrote about some problems she can see with the new data sharing

Included as an indicator of whether you can trust the DWP with your data:

Jobcentre ‘hit squads’ set up benefit claimants to fail, says former official – The Guardian

 

 

PIP judicial review: Court rules against us but vindicates our case

We lost. The judge ruled that in the end the consultation process for PIP was not unfair.

However that is not the whole story. You see, the judge found that it was the second consultation that made things right. The first consultation, he had some harsher words for. Words such as:

“Unfortunately mind-bogglingly opaque.” (Paragraph 105 part ii)
“At best ambivalent” (Paragraph 105 part vii)
“Convoluted, inherently unclear, ambiguous and confusing.  No construction allows for full coherence.” (Paragraph 106)

Not exactly a ringing endorsement of the way the government chose to do things, I think you’ll agree.  The government’s legal team also agreed, and in fact they have accepted that they must share a portion of the costs of this judicial review in the face of evidence that it was indeed justified.

Not only that, but the government made it perfectly clear that they know exactly how much their policies will hurt people but want to do it anyway.

“… [T]his was recognised from the outset.  In developing the PIP assessment we were aware that the vast majority of recipients of DLA were individuals with genuine health conditions and disabilities and genuine need, and that removing or reducing that benefit may affect their daily lives.  However, we believe that these impacts can be justified as being a logical result of distributing limited resources in a different and more sustainable way…”.
(Paragraph 80)

Let’s see that again:

we were aware that the vast majority of recipients of DLA were individuals with genuine health conditions and disabilities and genuine need, and that removing or reducing that benefit may affect their daily lives.”

And again:

“genuine need”

So we have the government’s lawyers arguing that the DWP and the government ministers know full well that they are removing vital support from hundreds of thousands of people who have few other options and who will suffer as a result. And they are doing it to save money.

The judge agreed with the DWP that taking money from physically disabled people to allocate to other PIP claimants achieves “substantive equality between physically and non-physically disabled.” I argue that this has reduced the equality of physically disabled people compared to not-yet-disabled people, purely because of budget.

This is Lowest common denominator equality.

This is your government. This is what the society that we live in is prepared to accept.

The court’s findings and what’s next

The judge was persuaded by Dr Bolton’s evidence that the government could have changed their decision had they decided to listen to the overwhelming opposition to the 20m rule in the second consultation, and so it was not unfair. My legal team and I disagree. We still argue that the decision had long since been made and that the secretary of state had a closed mind by this point, and so the second consultation was not at a formative stage.

Although the judgment went against us I feel that the judge’s analysis of the first consultation is vindication for our bringing this case to court. Don’t forget that the second consultation only came about after this case was given permission to proceed and the DWP realised that they could not get away with such a shambles.

I hope that the admission by the government that they know exactly what they are doing will make people wake up to what is happening. Meanwhile, this is not the end. The legal team and I are considering our options to appeal this result.

Press Release from Public Law Solicitors

PIP Consultation Judicial Review Press Release

Read the full judgment

PIP consultation judicial review starts today

Two weeks until PIP Judicial Review – 20 metre limit in the dock

Replacement of disability living allowance headline news for hours

Why I am suing the government

PIP consultation judicial review starts today

Today a judge will consider whether the Department of Work and Pensions carried out a fair consultation when it decided that only people who could walk less than 20 metres would get the full amount of help for mobility.

Where with Disability Living Allowance (DLA) claimants had to be able to walk less than 50 metres to qualify for the higher rate, under Personal Independence Payments (PIP) the cut-off will be just 20 metres. People who fall between those two distances will receive the lower rate of £21.55 a week instead of the higher rate of £56.75. As a result they will no longer qualify to lease a car from the Motability scheme and if they currently have one it will be taken away. Other things that may be affected can include automatic entitlement to bus passes and local taxi or dial-a-ride schemes. The lower rate of £21.55 won’t stretch much beyond one taxi trip to see a doctor or hospital in many areas.

Although three people initially pursued a judicial review, two cases were put on hold and my case was continued as representative of the others. The judicial review will examine the consultation about PIP that took place in early 2012 and the second consultation that focused on just the mobility component which took place in late 2013.

The main case is that the first consultation did not address the change to 20 metres while, by the time it got to the second consultation it was too late because there was no realistic possibility of change. The rest of the scheme had already been put in place and so money had already been allocated elsewhere.

In response to the second consultation the DWP unexpectedly claimed that the budget that in the past helped people with physical disabilities to get out and mobile had been reallocated to help people with learning disabilities and mental health problems. This pitting of one impairment against another is fundamentally unfair.. Rather than address inequality by bringing everyone up to the same mobility level, they have chosen to help one group by seriously disadvantaging another. It would seem that the government has seen the word equality but has not understood what it really means. If they had told us what was in their minds when they were consulting we might have had a chance to put them right.

Equality vs Justice
Equality vs Justice

The judicial review will be heard at the Adminstrative Court in Bull Street, Birmingham starting at 13:00 today and all day tomorrow. We don’t yet know when we will hear the results. There will be a vigil outside the courts in Bull Street, Birmingham today at 13:00 which supporters may wish to attend. Please spread the word and tell your friends to look out for this story in the news.

This news report from Sky News last year includes an interview with me about the impact of the changes.

Related blog posts

PIP 20 metre rule consultation response: “We’re not listening.”

Victory! DWP to launch PIP mobility consultation

PIP Judicial Review given the go ahead

Announcement: legal action against the DWP over the #PIP consultation

Why I am suing the government

If you can only walk twenty metres you’ll get no help

Replacement of disability living allowance headline news for hours

Two weeks until PIP Judicial Review – 20 metre limit in the dock

This blog post was a little less dry but then I ran it past my lawyer.  (Don’t tell her I said that.)

Two weeks until PIP Judicial Review – 20 metre limit in the dock

It seems like forever since our attempt to get a judicial review over PIP and the fraudulent consultation. Well, that attempt has come to fruition at last. The case against the DWP will be heard in Birmingham on the 9th and 10th of July.

20m in the house of commons

This specific case is about the decision to slash support from those who can walk less than fifty metres, to only those who can walk less than twenty. The drastic reduction in the eligible distance means that some 500,000 people will be left without support even though they can walk less than 50m without some kind of assistance. This change has been made purely to cut costs, as was admitted by the DWP in their response when we forced them to re-open their consultation.

It has actually been quite difficult to bring a case against an opponent that can change the rules to suit its own agenda however the court has agreed to hear arguments surrounding the consultation and the fact that the DWP did not mention the slashing of support until after the consultation was complete.

I will provide more details here on the specific arguments we will make as soon as I can clear them with my solicitor.

Related blog posts

PIP 20 metre rule consultation response: “We’re not listening.”

Victory! DWP to launch PIP mobility consultation

PIP Judicial Review given the go ahead

Announcement: legal action against the DWP over the #PIP consultation

Why I am suing the government

If you can only walk twenty metres you’ll get no help

Replacement of disability living allowance headline news for hours