‘Work for benefits’ schemes ruled illegal

February 12, 2013 at 5:54 pm (benefits, Human rights, law, reblogged, workers, youth)

Reblogged from ‘A Latent Existence’:

Appellant Cait Reilly: forced to work unpaid at Poundland

The Court of Appeal has ruled today that the Department of Work and Pensions back-to-work schemes are illegal because the regulations that Iain Duncan Smith created to allow the schemes overstepped the law. (An act of Parliament allows for regulations to be created to specify the detail of the law, these regulations went further than Parliament had allowed for.) The court did not find that the schemes violated article 4 of the Human Rights Act, nor did it find that the concept of making people undertake work experience to increase employment prospects would be a problem were it in an act of parliament. Since these work schemes have been proven to actually reduce employment prospects, however, it is possible that the schemes may yet be found to violate human rights.

Public Interest Lawyers explain the judgement:

“The Court found that the Secretary of State, Iain Duncan Smith, has acted beyond the powers given to him by Parliament by failing to provide, any detail about the various “Back to Work” schemes in the Regulations. The Government had bypassed Parliament by introducing the Back to Work schemes administratively under an “umbrella” scheme known as the Employment, Skills and Enterprise Scheme, claiming the need for “flexibility’. The Court of Appeal held that this was contrary to what Parliament had required.”

Paragraph 63 of the judgment criticises the information given to the benefit claimants. I have covered this in previous blog posts (Mandatory unpaid work – the evidence) where I explained that letters sent out state clearly that the work experience is not optional and will result in sanctions while DWP ministers have simultaneously appeared on TV to claim that the work is voluntary and that they have not forced anyone.

Public Interest Lawyers also tell us that:

“The effect of the judgment is that all those people who have been sanctioned by having their jobseeker’s allowance withdrawn for non-compliance with the Back to Work Schemes affected will be entitled to reclaim their benefits. And until new regulations are enacted with proper Parliamentary approval nobody can be compelled to participate on the schemes.”

The two people who brought this case were made to take part in Sector based work Academies and in the Community Action Programme. I do no know whether this judgement affects Work Experience arranged either by the Job Centre or as part of The Work Programme however it does not affect Mandatory Work Activity, which remains legal. It should be noted that some people who refused to co-operate with “voluntary” work experience were referred to Mandatory Work Activity as a result which allowed for sanctions, but this was not covered either.

In a written statement today Minster for Employment Mark Hoban MP said:

“Whilst the judgment supports the principle and policy of our employment schemes, and acknowledges the care and resources we have dedicated to implementing them, the Court of Appeal has ruled that the Jobseeker’s Allowance (Employment, Skills and Enterprise) Regulations 2011 (“the ESE Regulations”) do not describe the employment schemes to which they apply, as is required by the primary legislation. The Court of Appeal has therefore held the ESE Regulations to be ultra vires and quashed them.”

The government has been refused leave to appeal by the Court of Appeal but despite this they have announced that they will appeal to the supreme court to have the judgement overturned. Job Seekers who have been sanctioned by the DWP will not be able to appeal to the DWP for the repayment of their benefits until this has finished. Worryingly the minister also stated that the DWP are “considering a range of options to ensure we do not have to repay these sanctions.” This suggests to me that there will be a hastily enacted act of Parliament to move the scheme from regulations into law, but even then I cannot see how it could be retroactive.

Further Reading

The lawyers: Court of Appeal Rules that the Government’s “Back to Work” Regulations are Unlawful and Must Be Quashed

The Judges: Full judgement of the Court Of Appeal [PDF]

The DWP: Written Ministerial Statement: Judgment in Wilson/Reilly case [PDF]

The regulations: The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011

The Guardian: Graduate’s Poundland victory leaves government work schemes in tatters

6 Comments

  1. Mike Killingworth said,

    I think there are precedents for retroactive legislation. Still, this could get very messy indeed.

    • Jimmy Glesga said,

      They just change the law and move on.

  2. Jabez said,

    It would be encouraging if this bleeding government could somehow persuade their royal masters to get back to work. Oh wait a minute silly me! – they don’t do any work so that is an impossibility, but STILL get paid for doing sod all.. How about exporting the whole damn crowd to a remote island in the Pacific instead?

  3. Jimmy Glesga said,

    She could have declined the job and become a poor martyr. Maybe it was because she had to work with working class people.

  4. Daniel young said,

    Stood her ground Jimmy.Hard line stand these days especially when the laws of on mass protest get pictured.

    • Jimmy Glesga said,

      Maybe Dan. Apparantly she has a new job in a supermarket. That is a good meeting point with the working class. I wish her well.

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