R (on the application of Ellen Clifford) v Secretary of State for Work and Pensions [2025] EWHC 53 (Comm)
This document is a judgment from the High Court of Justice, King’s Bench Division, Administrative Court, dated 16 January 2025, in the case of R (on the application of Ellen Clifford) v. The Secretary of State for Work and Pensions.
The case concerns a judicial review of a consultation on proposed changes to the Work Capability Assessment (WCA) conducted by the Secretary of State for Work and Pensions.
The claimant, Ellen Clifford, a disability rights campaigner, challenged the consultation on grounds of inadequate explanation of the proposals, insufficient rationale, lack of impact information, and insufficient time for response.
The court found that the consultation was so unfair as to be unlawful, establishing that the consultation documents were misleading, failed to adequately explain the proposals and their rationale, and did not provide sufficient time for consultees to respond.
The judgment grants a declaration that the consultation was unlawful.
Decision in full
R (on the application of Ellen Clifford) v Secretary of State for Work and Pensions
