Minister for disability and social security Stephen Timms encouraged “people to engage so they can have their say as we listen, learn and deliver support which will help millions into work, put welfare spending on a more sustainable path, and unlock growth”.
However, accessible versions of the green paper and consultation were only published on 7 April, which officially triggered the start of the 12-week consultation into the plans, nearly three weeks after the green paper was published and people could start submitting their views to the consultation.
The open letter claims that the delay in publishing accessible versions “limits the human right to participation and ignores good practice principles set out in the cabinet office guidance”.
Responding to the open letter, DWP spokesperson said: “We have set out a sweeping package of reforms to health and disability benefits to make urgent changes, so people are genuinely supported into work, while putting the welfare system on a more sustainable footing, so that the safety net is always there to protect those who need it most.”
They repeated Timms’ message in urging people to participate in the consultation “so a wide range of voices are reflected in the responses we receive”.
The open letter also raises concerns about the questions asked within the consultation. The green paper includes 22 policy changes which will impact millions of people, but only 11 of these changes are explicitly included in the consultation.
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The open letter claims that “the annex of the green paper makes clearthat arguably the most significant changes proposed have already been decided upon”.
These include the changes to the PIP daily living assessment criteria, the end of the work capability assessment, a single assessment for PIP and the health element of universal credit, and freezing the health element of universal credit.
Mikey Erhardt, campaigner at Disability Rights UK, said: “We have written to the secretary of state because we do truly believe that this consultation is sham-like. How is it consultative to have half of the proposed reforms not even in the consultation paper?
“These changes will affect millions, but the government is treating them like a foregone conclusion – undermining our basic democratic rights as disabled people.”
Erhardt said the government should have published accessible versions of the green paper on 18 March, when the standard print version was issued, “in line with the requirements of the equality act”.
He also highlights that supplementary evidence, such as the Office for Budget Responsibility (OBR) report, is yet to be made accessible for disabled people.
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“This lack of information means the consultation will remain, in reality, inaccessible for many – as they don’t have the same evidence base as others to respond to. There’s no excuse for it to have taken them this long,” Erhardt said.
“It’s clear they intend to rush through this dangerous legislation. The green paper primarily affects disabled people, so denying tens of thousands of us the opportunity to read it in full, at the same time as everyone else, is totally unacceptable.”
An estimated 3.2 million people will lose out financially as a result of the changes to disability benefits, according to the DWP’s own estimates. An estimated 250,000 people, including 50,000 children, will be pushed into poverty.
The open letter calls on the government to withdraw the consultation until “sufficient information is given to allow for intelligent consideration”. It says all proposals must be open to consultation and public scrutiny, and that accessible formats must be published for all relevant green paper documents, including impact assessments.
Earlier this year, the Conservative government’s consultation into disability benefit reforms was found unlawful in a damning High Court judgement. It described the eight-week consultation as “misleading”, “rushed” and “unfair”.
Jen Clark, economic and social rights lead at Amnesty International UK, said: “It is inexplicable that retrogressive cuts are driving people with a disability further into poverty. The government is preventing people whose lives are impacted by these decisions from sharing their concerns or working with policymakers to mitigate their impact.
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“We have slid back into a position where those in power think it is acceptable to decide on life-defining policy in a top-down way for people with a disability. The government must open the consultation up to gathering views on all the proposed changes and stop using parliamentary process to exclude people from the right to participate.”
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