The Green Paper Discussion (the document link is here too!)

So I been on incapacity benefit then ESA since 1996 for severe anxiety disorder and severe irritable bowel syndrome to be fair my last ESA assessment was back in 2012, but they always put be in work related activity group, then after once or twice seeing a work coach they realize,there no way a can work, and don't make me do any activities I do soil myself sometimes due to my IBS and it normally brought on my having anxiety attack ,catch 22 , embarrassing but it it's what it's , my question is ,I have my ESA 50 and returned back in September, so waiting on a reassessment, why are they not putting me in a support group what am I doing or am saying wrong any pointers please, both my conditions are really bad at the moment due to the stress of the green paper, and if they put me in work related activity group again , I don't know what I do, as I sure their make me engage, and I just can't, my doctor write a supporting letter I sent of with my ESA 50, thought I have not doubt that will be ignored or lost , any help please people

hi all ,

Ellen Clifford has released a video on YouTube channel Ben claimant regarding the benefits reforms . She explains the changes and her thoughts plus action that is being planned including legal action

Do you have a link please?

Is it this one?

Im The same ,I get indefinite dla high rate for mobility and income related esa support group, waiting for the dreaded migration letter. God knows how all this will effect me.😪

we know work is being done in the background already which is good

I think (I might be wrong) that it means the govt hopes and assumes it can't be challenged. Individuals, charities and organisations can challenge this via the court system. I believe that's what happened when the tories tried to slam through similar legislation.

so - I've just done a quick search on Claude (another AI) and asked if it it's succesfully taken to court and what happens - please bare in mind this is AI so grain of salt here:

Legal Challenges to Benefits Reform (2025) in the UK:

If people challenge this benefits reform in court using discrimination arguments under the Equality Act 2010 (which replaced the Disability Discrimination Act) or human rights legislation, several things could happen:

Potential Legal Challenge Routes:

1. Judicial Review - This is the most common way to challenge government decisions. Someone affected by the reforms could apply for judicial review claiming:
   • The government failed to properly consider its Public Sector Equality Duty
   • The changes discriminate against disabled people
   • The consultation process was flawed
   • The changes breach human rights obligations
2. Equality Act Challenge - Arguing the changes amount to indirect discrimination against people with certain disabilities
3. Human Rights Challenge - Based on Article 14 (non-discrimination) in conjunction with Article 8 (right to private life) or Article 1 of Protocol 1 (protection of property) of the European Convention on Human Rights

What Could Happen If Challenges Succed:

If a legal challenge is successful, several outcomes are possible:

1. The court could strike down specific provisions as unlawful, requiring the government to revise them
2. Implementation could be delayed until the government addresses the legal issues
3. The government might be required to conduct a new consultation or equality impact assessment
4. The court could issue a declaration of incompatibility (with human rights law), which doesn't invalidate the legislation but puts political pressure on the government to change it.

Recent Precedents:

There have been successful challenges to benefits reforms in the past:

• In 2023, the High Court ruled the previous government's WCA consultation unlawful (mentioned in this Green Paper)
• In 2016, the Court of Appeal ruled that the bedroom tax discriminated against a domestic violence victim and the family of a disabled teenager
• In 2019, the Supreme Court ruled that the different treatment of severely disabled people who moved to Universal Credit was discriminatory

What it means in practice:

When courts rule against benefit reforms, the government typically:

1. Creates exemptions for specific groups affected by the discrimination
2. Makes modifications to policies to address the discrimination
3. Sometimes pays compensation to those affected
4. Occasionally scraps the policy entirely and starts over

The courts cannot permanently block Parliament from changing benefits, but they can force significant revisions to ensure compliance with equality and human rights laws. This often leads to less severe versions of the original proposals, especially for the most vulnerable groups.

Any successful legal challenge would take time to work through the courts, but could result in important protections for disabled people affected by the most problematic aspects of these reforms.

Other Legal Grounds for Challenging UK Benefit Reform (2025):

Beyond the Equality Act 2010 and general human rights legislation, there are several other legal avenues people and organizations could use to challenge the government's proposed benefit reforms:

Administrative Law Principles:

• Irrationality/Wednesbury unreasonableness - Arguing that the decision is so unreasonable that no reasonable authority could have made it
• Procedural fairness - Challenging how decisions were made rather than the decisions themselves
• Legitimate expectation - If beneficiaries had a reasonable expectation their benefits would continue based on previous government assurances

International Treaties and Obligations:

• UN Convention on the Rights of Persons with Disabilities (UNCRPD) - The UK has ratified this, creating obligations to protect disabled people's rights
• International Covenant on Economic, Social and Cultural Rights - Includes the right to social security and adequate standard of living
• European Social Charter - Includes protections for the right to social security

Specific UK Legislation:

• Welfare Reform Act 2012 - Changes must be consistent with this act's provisions
• Social Security Administration Act 1992 - Contains procedural requirements for changes to benefits
• Child Poverty Act 2010 - If changes would impact child poverty targets
• Care Act 2014 - If changes would affect disabled people's care needs

Constitutional Principes:

• Rule of law - Challenging arbitrary decision-making or lack of clear criteria
• Parliamentary sovereignty - If secondary legislation exceeds powers granted by primary legislation (ultra vires)
• Devolution issues - Where reforms affect devolved matters in Scotland, Wales, or Northern Ireland

Common Law Rights:

• Common law right to a fair hearing - If assessment processes don't provide sufficient opportunity to present one's case
• Common law right to dignity - Some courts have recognized this as an underlying principle

Organizations That Could Bring Challenges:

• Disability rights organizations - Groups like Disability Rights UK or the Disability Law Service
• Legal charities - Organizations like the Public Law Project or Child Poverty Action Group
• Law Centers - Providing free legal representation
• Strategic litigation partnerships - Where charities partner with law firms for impact cases

Recent Examples:

• In 2022, the High Court ruled the DWP's failure to conduct in-person assessments during Covid discriminated against disabled people with certain conditions
• In 2020, the Court of Appeal ruled that moving severely disabled people to Universal Credit without transitional protection was unlawful

Legal challenges don't always succeed, but they've been important in moderating some of the harshest aspects of benefit reforms in recent years. They often focus on protecting specific vulnerable groups rather than challenging the entire reform package.

Last 48 hours I have done nothing but fret over all this. Even planning my death in my head as I know I won't survive if this goes through. It's bad enough dealing with Multiple Sclerosis on a daily basis and the worst thing for it is stress as it triggers all my symptoms to go over ride. Wetting myself dirty myself and constant spasms and inability to sleep. Totally totally disgusted with the government.

I know I can't function in a work place environment and be sacked in an instant for falling asleep, at the toilet regularly and God forbid if got to go there walking sticks and zimmer frames to get around an office.

Been looking at all my medication bags of them for all my symptoms researching what pills be best effective to kill myself. This is how bad this has got disabled people and nasty feeling is what they want. Disability now is this country you get nothing for except just to rot like many third world countries with begging bowls in the street.

Trying my best not to think about there brutal cuts as I can't see any way forward but to consider to take an overdose or get my mobility scooter to nearest motorway and to jump off a bridge. Is this what this country become third world.

The system does need reforming with so many over the top claims but this plaster for one rule for all will be the solution. I know I can't work I know I have a condition I can't function with so the answer from this labour government is to die.

Really really don't know what to do next as can't see any light ahead for me.

I'm just praying that I hope there will be answers to be found but ever since the announcement was made and the rug/support pulled I feel more vulnerable than ever seen before. I know I can't work I know I can't do things I once did but this government attitude is "tough" and told to rot.

Thanks for reading my post means a lot as I can't speak to anyone how bad it is. Even if phoned Smaritans or Crisis Teams what they going to say or do.... nothing. Plus no doubt now swamped with callers going on about the same thing.