Appeal court overturns disability strategy ruling

Doug Paulley, one of four disability campaigners who had brought the case against the government, said they now planned to appeal against the latest ruling

A ruling which decided a survey used to inform the government's National Disability Strategy was "unlawful" has been overturned at the Court of Appeal.

The strategy aims to improve disabled people's lives and tackle issues such as housing and inaccessible public transport.

The government has welcomed the Court of Appeal's decision and says the plans can now "move forward again".

But disability-rights campaigners plan to appeal against the latest ruling.

The High Court had found the survey of disabled people had failed to consult effectively.

The government had failed to provide enough information on the proposed strategy to allow for meaningful responses, campaigners had told the High Court.

But in the Court of Appeal, Lady Justice Laing ruled "the purpose of the survey was to find out information and views which might 'inform' the strategy" and those surveyed could not have been given more information about the strategy "because it did not exist".

The High Court judge had been wrong to rule the survey was subject to "the Gunning requirement", Lady Justice Laing said, and therefore wrong to rule the work and pensions secretary had acted unlawfully.

The Gunning principles include requiring public bodies to provide the information people need to contribute to a consultation and that the decision makers take the result into account.

'Really frustrated'

The UK Disability Survey received 14,000 responses.

But in January 2022, the High Court ruled Work and Pensions Secretary Therese Coffey "took on a duty to consult which she did not properly discharge and, as a result, the consultation she carried out, principally by means of the survey, was not lawful".

Campaigners Doug Paulley, Jean Eveleigh, Victoria Hon and Miriam Binder, who has since died, had brought the case against the government.

Mr Paulley said they now were "really frustrated" the ruling had been overturned - and they had "lost on a technicality".

"The original strategy and consultation was a travesty," he said. "We feel it was a waste of money and time and an insult to disabled people."

The consultation "didn't allow us to say anything on the important issues for disabled people"," Mr Paulley added.

Increase opportunities

When details of the national Disability Strategy were announced, in 2021, charities welcomed some of the measures but said other aspects lacked scope and ambition.

After the High Court ruling, a number of policies were paused, including proposals to ensure every disabled person who wanted to start a business had the opportunity and exploring how to increase opportunities for disabled people to serve in the armed-forces reserves.

On Tuesday, Disabled People, Health and Work Minister Tom Pursglove said: "I welcome the Court of Appeal's judgment that our National Disability Strategy is lawful, meaning we are able to continue with the important work contained within it.

"I am delighted that we are now able to move forward again with this ambitious agenda, implementing the commitments we set out in this long-term strategy to transform disabled people's lives for the better."