header-logo header-logo

DWP acted unlawfully

08 August 2012
Issue: 7526 / Categories: Legal News
printer mail-detail

High Court rules against benefits sanctions

The government acted unlawfully in stripping a jobseeker of his benefits for six months after he refused to take part in its “back to work” scheme, the High Court has held.

However, the scheme was lawfully set up under the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 (2011/917), and its implementation did not breach Art 4 of the European Convention on Human Rights.

R (on the application of Reilly and Anor) v Secretary of State for Work and Pensions [2012] EWHC 2292 (Admin) was brought by Caitlin Reilly, who took part in the “sector-based work academy” against her wishes, and Jamieson Wilson, who refused to take part in the Community Action Programme after he was told he had to clean furniture for 30 hours per week for six months without pay. Wilson’s jobseeker’s allowance was stopped for six months.

Mr Justice Foskett held that the DWP unlawfully withheld Wilson’s benefits because it failed, as required by law, to inform him about the consequences of non- participation. Wilson received a standard DWP letter about the scheme.

Tessa Gregory, solicitor at Public Interest Lawyers, who acted for the claimants, says that up to 44,000 people may have been affected by benefit sanctions and that many of them may now be entitled to re-imbursement by the DWP.

Issue: 7526 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll