UK Government’s National Disability Strategy ruled unlawful over ‘inadequate’ consultation

The UK Government’s National Disability Strategy, published in July last year after several delays, has been ruled unlawful by a High Court judge over its failure to properly consult disabled people.

Four disabled people challenged the Secretary of State for Work and Pensions on the strategy, which includes proposals for an Access to Work ‘passport’ to enable “smooth transitions between job roles” and an accessibility audit of mainline railway stations.

“They claim that the defendant failed to consult lawfully, via its UK Disability Survey, before publishing a National Disability Strategy document on 21 July 2021 and that, consequently, the Strategy itself is unlawful,” the judgment’s introduction, from Mr Justice Griffiths, reads.

The claimants – Miriam Binder, Jean Eveleigh, Victoria Hon and Doug Paulley – argued the Work and Pensions Secretary, Thérèse Coffey, failed to provide “sufficient information” on the strategy during the January survey to “allow for a meaningful response”.

Government evidence cited in the judgment – from the Director of the Disability Unit, Marcus Bell – said the survey “was not a consultation” and was “never intended to be a formal consultation exercise on any particular proposal, notably the Strategy”.

The survey was instead one of the Unit’s “listening and gathering exercises”, Mr Bell said. This is despite the survey being described as part of their “ongoing consultation” on the issue when it was launched.

Mr Justice Griffiths went on to rule the UK Government had “voluntarily embarked on a consultation” and that the survey “was at the heart” of said consultation.

He added the Work and Pensions Secretary “took on a duty to consult which she did not properly discharge and, as a result, the consultation she carried out, principally by means of the Survey, was not lawful”.

The judge continued: “The multiple-choice format, and the word limit on free-form responses (although I am told that this was not enforced), did not allow for a proper response even to the issues canvassed in the Survey.

“The design of the Survey forced the defendant’s own analysis on respondents, without providing enough leeway for the required ‘intelligent response’ from the respondents themselves.”

While Mr Justice Griffiths found the strategy was unlawful, he did not rule that the government had a legal duty to consult on its proposals, and concluded it had not breached the Public Sector Equality Duty under the Equality Act.

Following the ruling, Ms Eveleigh said she was “very pleased” with the decision.

“If the Secretary of State genuinely wishes to place disabled people’s lived experiences at the heart of the Strategy, then she must do so through proper and lawful consultation that provides a meaningful opportunity for disabled people and their organisations to contribute their views.

“As a strategy that is for disabled people, it should be informed by disabled people.

“Now that the Court has given this clear declaration, I hope the Secretary of State will carry out a proper and considered consultation to inform a revision of the Strategy.”

Fellow claimant Victoria Hon added: “For too long disabled individuals have been infantilised and our views ignored. This judgment sends a clear message that the government cannot claim to consult with disabled people if in practice we are not given the proper opportunity to share our views.

“It is time the government listened and learned from what disabled people have to say about our own experiences and lives.”

Solicitor Shirin Marker from Bindmans LLP, who represents the four claimants, said he hopes the secretary will “now seek to rectify this unlawfulness” through “proper and lawful consultation with disabled people and their organisations”.

“[This is] something which the Claimants have sought since February 2021. Any appeal of this judgment will only delay the very necessary policy reform needed to support and improve the lives of disabled people,” he said.

In a statement, a Department for Work and Pensions spokesperson said they were “disappointed” with the judgment and will “consider our next steps carefully”.

“We engaged with disabled people, disabled people’s organisations, carers and others as part of the National Disability Strategy.

“We remain committed to improving the everyday lives of disabled people, and the National Disability Strategy has already made significant inroads,” they said.

Photo: Equality Hub/YouTube.

By Liam O’Dell. Liam is an award-winning Deaf freelance journalist and campaigner from Bedfordshire. He can be found talking about disability, theatre, politics and more on Twitter and on his website.