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Monday, Feb 09, 2026

UK Court Declares Incapacity Benefit Cuts Consultation Unlawful

UK Court Declares Incapacity Benefit Cuts Consultation Unlawful

High Court finds Labour-backed proposals misleading, highlighting the need for transparent policymaking in social welfare reforms.
In a significant judicial review, the High Court has ruled that a consultation on planned £3 billion cuts to UK incapacity benefits was both misleading and unlawful, marking a considerable setback for the Labour government’s welfare reform agenda.

The court determined that the consultation, orchestrated by the previous Conservative government and defended by Labour, failed to transparently communicate the primary aim of budget reductions rather than simply supporting disabled individuals into employment.

The court’s decision came after examining the consultation's failure to disclose that approximately 424,000 disabled individuals could face losing benefits of up to £416 a month.

Internal documents revealed that the Department for Work and Pensions (DWP) estimated the proposed Work Capability Assessment (WCA) reforms could propel 100,000 vulnerable disabled people into absolute poverty.

The legal challenge, led by disability activist Ellen Clifford, argued that the motivation behind the cuts prioritized fiscal savings over the welfare of disabled individuals.

Following the verdict, Clifford emphasized the necessity for the government to realign its priorities to ensure disabled people's safety and well-being.

“The proposed cuts were prioritised over lives,” she stated, urging the government to reconsider.

Mr. Justice Calver, presiding over the case, criticized the misleading nature of the consultation, noting it depicted reforms as offering employment support options when in reality they compelled disabled individuals to seek job assistance primarily for cost-saving reasons.

The eight-week duration of the consultation was also deemed insufficient given the gravity of its implications.

Labour, while now in power, had defended the previous government’s efforts to revamp the WCA.

The party remains intent on revitalizing employment among the 2.8 million individuals not working due to long-term illness, with a green paper expected soon to propose reform strategies.

The ruling has intensified discussions around the objectives underlying social welfare reform, where campaigners, including David Southgate from Scope, argue that the projected cost savings overshadow genuine efforts for positive change.

As estimated by the Office for Budgetary Responsibility, only a marginal 3% of the affected claimants might successfully transition into employment.

The government, acknowledging the shortcomings identified by the court, has expressed commitment to re-evaluating the WCA descriptor changes, ensuring future consultations adequately address fiscal and societal impacts.

A spokesperson highlighted the intention to realign future consultations to deliver transparency and meet public financial forecasts, with a focus on sustainable welfare reform.

The verdict underscores the critical role of transparency in policymaking, stressing the need for reforms that genuinely improve livelihoods without resorting to indiscriminate budgetary slashing at the expense of vulnerable communities.
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