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

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.

@userinfo1

I completely understand :( I only got lcwra in December last year :( now everything is just going to be ripped from me and millions of other people. It’s so sad I googled too earlier and I didn’t even need to finish typing as it was a suggested search, I guess so many other people have to :(

@userinfo1

Yes absolutely, nobody is going to get better as they magically say so :( so fed up with it, I wish I was ‘normal’ but clearly that’s not going to happen anytime soon. I’m up as my insomnia, but this is all making it so worse, not slept for nearly 56 hours, yet the doctors do nothing. I swear the government think mental health/any type of health is an easy fix.

Hey Jen , sorry about the delay in responding , I took a knock out tablet and hence why I'm up now at an ungodly hour! :) so firstly I should thank you and other people as its really nice and kind that people are showing some empathy and understanding and most importantly STRENGTH , secondly I appreciate the questions , so I have been told by the councillor of the group that has put me on suicide watch to avoid any social media activity or watching the news for at least a week , which even in this short space of time has actually been great , I had some nasty stuff said to me a few days ago on FB ... the inhumanity in some people is disgusting, as it stands I'm currently seeing a clinical nurse at my hiv clinic and in two weeks time I'm seeing my hiv specialist and in going to see if she will write a supporting letter for me, mind you , it looks like medical letters aren't going to be worth the paper they are written on , I'm in a queue to see someone from a male rape supporting group called Survivors UK, they have been excellent in helping me and I'm seeing this group now that helps men going through suicidal tendencies, I've got my partner , my dad and a few friend who help me out , I'd honestly be lost without them, the group that I'm seeing now gave me a brilliant app to refer to , it also has a button I can press where if the urge to end it I press , they get me help (so close to pressing it yesterday -on a few occasions) abd it also has breathing techniques which are surprisingly helpful -as for TV my concentration is shot to pieces but I do love a podcast there are some brilliant ones out there

Jen, you are so kind and thank you for taking an interest in me xxx

agreed, raise awareness and write your feedback to the green paper.

This change would impoverish me and others with no UC entitlement yet it gets not attention in the media or responses from the Mods on this forum.

Hi Evlyn , I wouldn't trust a thing Timms says , I messaged him a few weeks ago asking why these (at the time) proposed cuts are fair or right, I told him my plight and sent a pic of my wrists (I self harm) his response? ... you don't live in this constituency so I can't help, keeping in mind he's the minister of the disabled AND a self professed man of god !

Disgraceful

@Jenwren

Thank you for all that info. It brings a lot of hope.

I'm hoping today will be a better day and I can focus on getting the questions answered on the green paper too and also writing to our MP. He has a disabled son and his wife has MS so hopefully some support there (but you never know which way they will turn!)

I'm so glad I found this forum. I'm housebound and very isolated so worry can go off the scale. Seeing people's hope and positivity is a boost. 🙂