Good news
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that is another nail in the coffin of these warped plans
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What does it mean, ?
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the DWP has admitted that the consultation in 2023 that led to upcoming wca changes didn't do any research or information gathering on risks and even if it would work, so now when the judicial review hits the court in 5 weeks they've had it and there's a very high chance it'll get binned as illegal
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@Nightcity
Do you know how we know if we are in the 'substantial risk' group?
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the only way is to phone DWP sadly and ask for a copy of your last assesment to be sent to you. most people usually qualify under other questions too even if that's the case.
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Thanks for your advice.
I kept a copy of my last assessment report so I will have a look tomorrow.
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Good to have a bit of optimism here. I think a lot of the time, these politicians, they are drunk on power and they throw out these proposals without any proper thought of how vulnerable people will be affected. Good to see a legal spanner thrown in the works, but best to hold off popping the cork on the champagne until after then.
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The Department for Work and Pensions (DWP) is facing legal action for allegedly conducting inadequate research in reforming the Work Capability Assessment (WCA) process. These reforms impact individuals who apply for disability benefits such as Employment and Support Allowance (ESA) and Universal Credit (UC). Critics, including campaigners and legal representatives from Disability Rights UK and Disabled People Against Cuts (DPAC), argue that the DWP’s consultation on these reforms failed to adequately account for the potential impacts on disabled people and was conducted in a way that limited proper feedback.
The controversy revolves around proposed changes set for 2025, which would tighten WCA criteria, making it harder for claimants to qualify for additional support. The reforms would reduce access to the Limited Capability for Work-Related Activity (LCWRA) designation, affecting up to 230,000 people with mobility impairments and potentially leaving some without essential support. Additionally, DWP’s consultation period was unusually short, lasting only eight weeks, which advocates argue gave insufficient time for a thorough response from affected communities.
According to disability rights groups, these changes ignore the actual needs of disabled individuals and may lead to considerable financial harm, with some claimants potentially losing up to £390 per month. Many activists contend that the reforms are designed to reduce costs rather than to support disabled individuals in meaningful employment or independent living. The case has gained traction, with campaigners calling for the government to reconsider or halt these reforms until a more comprehensive and inclusive consultation is conducted.
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The DWP faces substantial challenges in defending its WCA reforms in court, as there are several critical points against its process that could influence the court's decision:
Insufficient Consultation Period: The DWP conducted a short, eight-week consultation on the reforms, which advocates argue was too brief to allow disabled people, stakeholders, and experts to assess the changes thoroughly. Courts typically look for a "meaningful" consultation period, especially for reforms that affect vulnerable populations. In previous cases, courts have found that rushed consultations violate public law principles, making this a strong argument against the DWP
Lack of Impact Assessment Transparency: The DWP is accused of failing to disclose the full financial and social impact of the reforms during consultation. Critics highlight that claimants could lose as much as £390 per month, information that was not clearly presented during the public consultation. Courts may view the withholding of such critical information as undermining the consultation process's integrity
Alignment with Stated Objectives: The DWP claims that these reforms are intended to help more disabled people into work. However, disability rights groups argue that the reforms disproportionately cut benefits without increasing support for employment, making the changes more about cost-cutting than support. If the court finds the reforms lack a "rational connection" to the government’s stated goals, it could invalidate them
Potential Discrimination: The judicial review will likely consider if the proposed changes indirectly discriminate against disabled individuals by cutting essential support, potentially violating the Equality Act. Courts have previously required government departments to provide substantial evidence when making decisions that could disproportionately affect protected groups, such as disabled people.
While outcomes in judicial reviews are never certain, these arguments suggest that the DWP faces a challenging defence. If the court rules against the DWP, it could halt or significantly delay the reforms, pushing the department to engage in a more thorough, transparent consultation.
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IMO the only reform they need is "let people try work for up 6 months without losing benefits" this was a good change we do not need cuts
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Loads of charities behind this as well !! 10 and 11th December pls 🙏
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I'm confident this government is going to really struggle at every turn to do anything, they may as well just do themselves a favour and just stop speaking.
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quoted wrong msg
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what do you think will happen if DWP lose do you think they will get on the case of writing a new reform or will they move on for a few years?
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they usually behave for a while after a loss, it's important for us they do lose, overall judges have always favoured us over the DWP.
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You can't force disabled people to work. I struggle in social situations to the point where i am mute around new people and i don't speak unless spoken to. I can open up more if i start to get comfortable, but this takes months! People who are incontinent need access to a toilet if needed.
Fingers crossed Labour and the DWP's reforms end up dead.
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I despise the world ""force/forced " as you see it on all those articles.
you can't be "forced " to do anything if you stand your ground, I've always been defiant where the DWP are concerned They always back down before me. I refuse to attend face to face assessments that will distress me and make me ill, etc. You'd be surprised what a "shove your money my health is more important" can achieve.
but I'm not recommending that to others.
I'm quite chilled because I know the mess labour have put themselves in and just how much support we've got behind us
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no news for awhile so i will post this
Ellen Clifford’s prospects for influencing or winning significant changes in the UK's 2025 Work Capability Assessment (WCA) reforms are strong, given her judicial review against the Department for Work and Pensions (DWP). Clifford, a prominent disability rights advocate, is challenging these reforms on the grounds that the consultation process was inadequate and misrepresented the reforms’ intent. The proposed changes would reportedly cut essential benefits for thousands of disabled individuals, potentially resulting in financial hardships for many. Her case argues that the reforms were primarily designed to reduce government spending rather than support disabled people’s employment opportunities, as the consultation claimed
Clifford’s legal efforts, backed by numerous disability rights organizations, have drawn attention to significant procedural flaws, including a short consultation period and lack of transparency around the financial implications. These points are crucial because they challenge the government’s claims that these changes are beneficial. By December 2024, Clifford's judicial review will be presented to the Royal Courts of Justice, which could pressure the government to reconsider or delay the implementation of these reforms. As public support from organizations and evidence of the reforms’ potential harms gain traction, Clifford’s challenge has potential for both legal success and broader advocacy impact on future disability policy
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sounding good, fingers crossed.
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