Forum Home → Discussion → Disability benefits → Thread
DRUK and Public Law Project bringing legal challenge on changes to Mobility Activity 1
The Public Law Project (PLP) is representing a client, RF, who is bringing a challenge to the unfair and discriminatory way those with psychological distress are treated by the Personal Independence Payment (PIP) rules.
Case to be heard in High Court 12-13 December 2017
Brilliant news! Hopefully goes in claimant’s favour. Am fed up arguing with DM’s about this.
Excellent - I’ve still got my letter from Penny Mordaunt which both denies that the change introduces any less favourable treatment of mental health, while also justifying why it’s fair for it to do so.
The Equality and Human Rights Commission and Mind have been granted permission to intervene in support of the High Court challenge being brought by RF
DPAC are reporting that the changes to the planning and following activity have been declared unlawful. I can’t see the judgment anywhere yet.
I can’t see the judgment anywhere yet.
Here’s a glimpse!!
https://twitter.com/InclusionLondon/status/943799923291639808
Here’s the judgment - thanks to Tom Royston at Garden Court North for sending us this
[ Edited: 21 Dec 2017 at 12:34 pm by shawn mach ]Judgment now on BAILII too: http://www.bailii.org/ew/cases/EWHC/Admin/2017/3375.html
So, will DWP -
1/ Claim this is actually a victory for them
2/ Imply heavily that the Judges are working for the forces of evil
3/ Just appeal and brag loudly that they will win next time (provided the next lot of Judges are not working for the forces of evil)
Faites vos jeux!
Do we know if the quashing order takes effect immediately or if the judge has suspended the effect of his decision?
Do we know if the quashing order takes effect immediately or if the judge has suspended the effect of his decision?
if he’d suspended the effect of his decision he would have said so in his decision, with reasons - and he hasn’t.
This major defeat for the government didn’t make the mainstream media, who preferred to concentrate on some photos of a minor royal and his girlfriend. Of course I’m not implying any sort of ministerial influence over the content of mainstream news sources. (Oh yes I am!)
Do we know if the quashing order takes effect immediately or if the judge has suspended the effect of his decision?
if he’d suspended the effect of his decision he would have said so in his decision, with reasons - and he hasn’t.
I don’t think the government will follow it and I think they would stay any appeals on this point pending the appeal in MH which I believe is due to be heard in June - https://casetracker.justice.gov.uk/getDetail.do?case_id=20170708
[ Edited: 22 Dec 2017 at 10:38 am by Daphne ]I wonder if this judgement is going to have a material effect on the appeal in MH?
The DWP’s position on the changes was always that they were in some way restoring the interpretation of the law to what they thought it should have been. A quick scan through the current case seems to cover most of the matters of parliamentary intent, policy background etc that are likely to have been relevant to the correct interpretation of 11d et al. Could this not be seen as fundamentally or even fatally undermining DWP’s appeal in MH?
You’d hope so wouldn’t you! But I don’t think it will stop the DWP carrying on with the appeal and refusing to make any changes pending it…