Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, if he plans to take steps to consult with representatives of (a) disability charities and (b) disabled people's organisations on the Disability Confident scheme.

In 2021, we began a review of the Disability Confident scheme, which was announced in the National Disability Strategy (NDS). During the review, we engaged with a broad range of Disability Confident stakeholders including representatives of disability charities and disabled people’s organisations to gather views about the scheme.

In January 2022, the High Court declared the NDS was unlawful because the UK Disability Survey, which informed it, was held to be a voluntary consultation that failed to comply with the legal requirements on public consultations. The Secretary of State wanted to minimise the risk of acting inconsistently with the Court’s declaration, therefore, we paused a limited number of policies referred to in the strategy, including work directly related to the Disability Confident review. The Secretary of State has successfully obtained permission to appeal this decision. The Court of Appeal hearing is due to take place on 28 and 29 June 2023.

I am exploring what additional steps we can take, whilst respecting the Court’s decision and awaiting the outcome of the appeal.