• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • About DNS
  • Subscribe to DNS
  • Advertise with DNS
  • Support DNS
  • Contact DNS

Disability News Service

the country's only news agency specialising in disability issues

  • Home
  • Independent Living
    • Arts, Culture and Sport
    • Crime
    • Education
    • Employment
    • Housing
    • Transport
  • Activism & Campaigning
  • Benefits & Poverty
  • Politics
  • Human Rights
You are here: Home / News Archive / Government defeats high court challenge over legal aid cuts

Government defeats high court challenge over legal aid cuts

By guest on 1st November 2011 Category: News Archive

Listen

A disabled people’s organisation has failed in its first attempt to challenge the government in the high court over its sweeping cuts to legal aid.

Disability Law Service (DLS) was seeking a judicial review of the cuts proposed by justice secretary Ken Clarke through his legal aid, sentencing and punishment of offenders bill.

The bill will cut about £350 million a year from the £2 billion legal aid budget for England and Wales by 2014-15.

Campaigners have warned that the proposed cuts will lead to the “decimation” of the civil law system and cause huge problems for disabled people, particularly at a time when the government is introducing radical reforms of the benefits system.

DLS had told the court that plans to remove advice on benefits and wills from the legal aid system would breach the Equality Act. Nearly three-fifths of people who seek advice for benefits appeals are disabled or ill.

But Clarke’s lawyers had argued that disabled people did not need legal aid to challenge benefits decisions because the relevant laws were simple and such claims were “essentially financial in nature” and so less important than “fundamental issues such as those involving a person’s safety or liberty”.

Sean Rivers, a social welfare solicitor at DLS, said Clarke’s statements “clearly show that he has no understanding of the effects of cutting disability benefits upon the most vulnerable in society”.

He said: “The removal of welfare benefits from the scope of legal aid may devastate this area of law, leaving the most vulnerable with no-one to assist them in appeals against the secretary of state.”

Clarke’s lawyers had argued that an equality impact assessment carried out by his department complied with the Equality Act.

They also argued that only parliament had the right to scrutinise this compliance, rather than the courts. The judge, Mr Justice Nicol, agreed with the government and ruled against DLS, which now plans to appeal.

Although DLS accepts that the bill cannot be withdrawn or amended, it wants Clarke’s actions declared unlawful.

A Ministry of Justice spokeswoman said: “Disability Law Service has renewed [its] application for permission to proceed with the judicial review, so we cannot presently comment as legal proceedings are ongoing.”

The case is the latest in a series of high-profile court challenges of decisions by public bodies to slash services and spending in the wake of the coalition’s deficit reduction plan, and came in the same week that two disabled men won a high court case challenging cuts to their support by Isle of Wight Council.

16 November 2011

Share this post:

Share on X (Twitter)Share on FacebookShare on WhatsAppShare on RedditShare on LinkedIn
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Related

‘Muddled’ blue badge reforms ‘are to blame for renewal delays’
6th February 2015
UN debate will be reminder of true inclusive education
6th February 2015
IDS breaks pledge on PIP waiting-times, as tens of thousands still queue for months
30th January 2015

Primary Sidebar

On the left of the image are multiple heads of different colours - white, aqua, red, light brown, and dark green - all grouped together, then the words ‘Campaign for Disability Justice. Sign up to support. #OpportunitySecurityRespect’
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Access

Latest Stories

Government ignores warnings of new DWP deaths, and UN intervention, as MPs pass universal credit cuts bill

Urgent letter from UN to Labour government warns: We think your cuts continue Tory attack on disability rights

Race against time to secure DWP deaths evidence before parliament passes new benefit cuts bill

‘Complete shift in thinking’ needed on education of disabled children, says ALLFIE

Minister ignored concerns from disabled advisers, months before publishing cuts bill

Frustration after government only issues partial ban on new floating bus stops

Report suggests five big ideas that could transform disabled people’s mobility

My new book shows exactly why we need the disability movement, says disabled author

‘Disastrous’ cuts bill that leaves legacy of distrust and distress ‘must be dropped’

Four disabled Labour MPs stand up to government over cuts to disability benefits

Advice and Information

Readspeaker
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Footer

The International Standard Serial Number for Disability News Service is: ISSN 2398-8924

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Bluesky
  • Facebook
  • Instagram
  • LinkedIn
  • Threads
  • Twitter

Copyright © 2025 Disability News Service

Site development by A Bright Clear Web