High Court finds that Government’s National Disability Strategy is unlawful
Mr Justice Griffiths has allowed a claim for judicial review brought by four disabled people challenging the Government’s recently published National Disability Strategy (“the Strategy”) on the basis that: (i) the Defendant’s “Survey” carried out prior to the publication of the Strategy amounted to a consultation at common law; and, (ii) the consultation failed to comply with the common law requirement (the second “Gunning” principle) that the proposer must give sufficient reasons for any proposal to permit of intelligent consideration and response.
DWP Minister Chloe Smith has confirmed that the Department is pausing some of the policies outlined in the strategy pending a decision on its application for permission to appeal -
Whilst awaiting a decision on permission to appeal from the Court of Appeal, we are required to take steps to comply with the Court’s declaration. The Secretary of State wants to minimise the risk of acting inconsistently with the Court’s declaration, without compromising on the ambitious agenda we are delivering for disabled people. As such, we are pausing a limited number of policies which are referred to in the strategy or are directly connected with it.