Source · Select Committees · Women and Equalities Committee
Recommendation 7
7
Not Addressed
Establish system to monitor and update disabled people on National Disability Strategy actions.
Conclusion
The act of appealing the High Court’s judgment on the lawfulness of the National Disability Strategy created many months of uncertainty and frustration for disabled people and their representative organisations. It was unclear why the Government chose to pause 14 policies in the strategy while allowing a hundred others to continue. Failure to update disabled people on those actions that remained ongoing only served to exacerbate confusion and anxiety. The Minister for Disabled People, Health and Work—who is charged with oversight of implementing the strategy— should have had a system in place to monitor the actions still in progress and to update disabled people’s organisations and other relevant stakeholders accordingly. (Paragraph 38) Updating Parliament
Government Response Summary
The government defends its decision to appeal the High Court judgment and its handling of the National Disability Strategy during that period, stating the appeal was successful and most policies continued. It does not address the committee's observation about needing a system for monitoring and updating stakeholders.
Government Response
Not Addressed
HM Government
Not Addressed
In January 2022, the High Court declared the Strategy was unlawful because the UK Disability Survey, which was used to inform it, was held to be a voluntary consultation that failed to comply with the legal requirements on public consultations. The judgment led to significant uncertainty as to when stakeholder engagement became a formal public consultation to which those requirements apply. It was necessary to appeal it. In July 2023, the Court of Appeal overturned the High Court declaration and agreed that the UK Disability Survey was an insight and information gathering exercise that did not amount to voluntary consultation. This means that both the Strategy and the UK Disability Survey are lawful, and the Government is able to continue with the important work of implementing this long-term strategy to transform disabled people’s everyday lives for the better. In winning the appeal we were able to revive the Strategy rather than withdrawing it. During the appeal process the DWP Secretary of State wanted to minimise the risk of acting inconsistently with the Court’s declaration, without compromising on the ambitious agenda we are delivering for disabled people. The Government therefore paused a limited number of policies (14) which were referred to in the Strategy or are directly connected with it. The vast majority of departmental commitments outlined in the Strategy were not impacted by the High Court’s initial judgment, and were therefore largely unaffected. The Government progressed well on delivering these and other commitments, as can be seen by the Government’s achievements set out in the then MfDP’s letter5 to the Chair of the Committee, placed in the House Library in July 2023.