DWP’s decision to abolish the Independent Living Fund overturned


Vitally important information for those of us who oppose adverse DWP decisions.

Benefit tales

The Court of Appeal, in Bracking and others v Secretary of State for Work and Pensions found that the Department of Work and Pensions’ (“DWP”) decision to close the Independent Living Fund was not lawful, overturning the High Court’s decision of April 2013.

This successful judicial review is a useful and interesting demonstration of how strictly the courts will consider whether or not a public body has complied with its Public Sector Equality Duties (“PSED”) imposed by the Equality Act 2010 (“EA 2010”).  There must be hard evidence that the decision maker has fully complied with the requirements contained in the legislation, specifically the duties under Section 149 in relation to advancing equality of opportunity for those who share a relevant protected characteristic.

Read the details of this court decision here:  http://www.lexology.com/library/detail.aspx?g=fb37d01b-56cf-4a04-8d8c-f9098b2666dd

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4 thoughts on “DWP’s decision to abolish the Independent Living Fund overturned”

  1. Neil Wilson said:

    Wow, that has to be a good thing for a change surely? is that Final, or do the DWP have leave to appeal against this again? Not sure about legal proceedings down south. Hope all is well with you and yours Mike, thanks for keeping me informed.bit out of touch recently, post election blues, utterly ashamed about 66% of my fellow scots not bothering to vote, so we have a ukrap mep, instead of va green one through sheer apathy, and about 142,000 deluded idiots.cheers buddy, keep up the good work, N

  2. You’ve now posted the amendment, but I think its worth re-stating here for people that come via (find) this link.

    It was overturned last year, so the Gov did a sham consultancy and read a few more documents (so they had fulfilled the letter of the law and the reason(s) for its decisions being overturned, ie lack of awareness of its impacts) and decided that its impacts don’t count , but have been taken into consideration and therefore have been used to inform its self of them, and as such can now close the fund and transfer it to the councils legally.

    Much like IDS ignoring the Courts over the discrimination towards mental health problems within the WCA… by IDS (Idiot Drunken Smythee) saying in effect “we understand the issues but **** it, its only stupid people so who cares. We followed the law and found it wrong.”