Judicial review of welfare benefits legal aid cuts

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Will judicial review open doors for access to justice





For those who need it most?


Disability Law Service has launched a Judicial Review at Court of the of the welfare benefits legal aid cuts

"DLS Issues Legal Challenge Against the Government over the Legal Aid Bill


An application for permission for a claim for Judicial Review in the High Court against the Secretary of State for Justice has been issued by the Disability Law Service.

The Ministry of Justice is proposing far reaching reforms and cuts to Legal Aid as set out in the Legal Aid, Sentencing and Punishment of Offenders Bill, presented on 21st June 2011. The results of the Bill’s consultation were published on the same day.

Disability Law Service argues that the Secretary of State’s decision to cut Civil Legal Aid funding for Welfare Benefits is irrational, and that the consultation carried out by the Secretary of State was unlawful. Disability Law Service is also challenging the removal of Wills.

Disability Law Service contends that the consultation carried out by the Secretary of State did not fully consider the effect the proposed cuts would have on disabled people; the Secretary of State irrationally asserts that the negative impact of a loss of benefits for the disabled will be only financial, with no other subsequent social or personal impact. This clearly calls into question the validity of the consultation’s Equality Impact Assessments; to have due regard to the needs of those with disabilities as defined by the Equality Act 2010.

By removing Welfare Benefits from Legal Aid those individuals, who are the poorest and most vulnerable in society, will have little or no means by which to challenge unfair decisions and no recourse to get advice into what is one of the most convoluted and complex areas of law.

Sean Rivers, Social Welfare Solicitor at the Disability Law Service, said:

‘The consultation by the Secretary of State confirms that at least 58% of those who require advice for welfare benefits appeals are ill or disabled. The consultation confirms that’s only 3% of over 5000 responses to the consultation agreed with the government’s proposals. However the Secretary of State still intends to remove access to a fair hearing for disabled people. As almost every expert in the area of law disagrees with the government’s proposals we find that there is no other option than having this matter considered by the courts’

Linda Clarke, Director of the Disability Law Service, said:

"The questionable validity of the consultation’s Impact Assessment and Equality Impact Assessments means that the Disability Law Service has no option but to issue Judicial Review. The quality of information provided to the Bill’s committee by the Secretary of State has to be fully compliant with their duty under the Equality Act. We are determined to protect the rights of disabled people."

For more information contact:

Sean Rivers
Solicitor, Social Welfare
Disability Law Service
39 - 45 Cavell Street
London E1 2BP
0207 791 9817

Email: [e-mail]

6 October 2011"


www.dls.org.uk/rights/News/2011/september/18.html