Tag Archives: right

Was Sadiq Khan’s narrower-than-expected London Mayoral win due to Keir Starmer’s right turn?

Sadiq Khan said unflattering things about then-Labour leader Jeremy Corbyn after his 2016 London mayoral victory. But at least Corbyn provided Labour policies for the public to support in the poll. Starmer put him in a vacuum and it is a miracle he received as many votes as he did.

Belated congratulations to Sadiq Khan on his re-election to the London Mayoralty.

But isn’t it disturbing that he won by a narrower margin than against Zac Goldsmith in 2016, against an equally inept candidate?

In the years preceding the election, Bailey had been criticised for racism (calling Khan “the Mad Mullah of Londonistan”, criticising celebration of Muslim and Hindu festivals and claiming that British people were being indoctrinated in the cultures of those religions).

He also proposed forcing larger London businesses to drug-test their employees – but with Parliament, dubbed the “corridors of powder” because of the huge “trace” amounts of cocaine that have been found there, exempt.

And he was accused of sexism as well as racism when it emerged that he had stated in 2006 that single girls in inner cities “deliberately become pregnant” in order to secure homes and benefits from the government.

Against such a man, Sadiq Khan gained more than 100,000 fewer votes than against Goldsmith.

I don’t think the drop-off was anything to do with Khan himself – or with his opponent, though.

I think it was about the leadership of Khan’s political party – Labour.

When he was elected in 2016, the people of London were riding high on the election of Islington North MP Jeremy Corbyn to the leadership with a set of genuinely socialist policies that had the potential to transform the UK into a vibrant example for the world.

By 2021, Corbyn’s right-wing opponents in the Labour Party bureaucracy had stabbed him in the back and had him replaced with suit-haircut-and-flag man Keir Starmer, who had promptly ditched all of those transformative policies in favour of an “any way the wind blows” approach.

In the absence of any policy support from his party leadership, it is a miracle Khan received as many votes as he did.

Source: Sadiq Khan wins second term as London mayor despite tighter-than-expected race | The Independent

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Hartlepool by-election: will Tories win because Starmer parachuted a right-winger in for Labour?

Voting: but will people in Hartlepool vote Labour after the contempt with which Keir Starmer has (allegedly) treated them?

A poll – with, admittedly, a tiny number of respondents – has suggested that the Conservatives could take Hartlepool from Labour in Thursday’s by-election.

Is this because Keir Starmer steamrolled over the wishes of local part members to parachute a right-wing candidate in?

The behaviour of Labour’s head office with regard to the election has been, reportedly, a disgrace – and if this is how Starmer plans to run the party, then voters in Hartlepool will be right to abandon him.

The problem is that the Conservatives are likely to benefit from it.

Starmer is already facing criticism that his daft antics have strengthened the Tories. How will he be able to justify himself if they take Hartlepool?

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Support for the right to protest spans every sector of society. Unite and fight the #PoliceBill

Police state: this image from the Sarah Everard vigil on Clapham Common on Saturday makes the message perfectly clear – your only freedom under a Tory government is freedom to do what you are told, and nothing else.

Everybody, whether comedian or economist, is standing up in support of UK citizens’ right to protest, after the Tory government voted to effectively ban it.

The arguments are clear, whether they come from economist Richard Murphy…

… or from satirical reporter Jonathan Pie:

The Jonathan Pie video has it right: If you can’t be heard, you can’t change things; if you can’t disrupt things, they stay the same.

Or worse – as the Tories intend – they change in ways that harm you and help them.

Well, if the new law means I can be arrested for offending someone, then I’m likely to be arrested.

So are you because believe me, somebody, somewhere, finds you offensive.

The only people who will be immune will be members of the right-wing press, authority figures like Cressida Dick, and of course members of the Tory government and their supporters like Keir Starmer.

See what I did there? Now somebody will be offended that I said Starmer supports Johnson’s government. I can’t help myself. But I’m not trying to offend; I’m only telling my truth.

Just because it differs from someone else’s, that’s no reason to have me arrested.

Not in a civilised society, anyway.

But if you’re in the United Kingdom, you don’t live in a civilised society. You live in a police state.

And you will feel the sharp edge of it if you don’t stand up to stop it now.

So get organised. Get together with other people in your local communities and stand up for your right to stand up for your rights.

Or would you rather just sit at home and wait for the rozzers to come knocking on your door?

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Why did ‘celebrity’ Twitter users force suspension of ordinary woman? Because they could

Some of you have been kind enough to notice that This Writer’s @MidWalesMike account has been in the Twitter sin bin since the beginning of the month because somebody didn’t like one of my articles about the court case against Rachel Riley.

That is dangerous enough – it’s clearly an attempt to create a “chilling” effect on my crowdfunding (that, fortunately, has failed – the fund has nearly raised £125,000 since it started nearly two years ago).

But now I read that another Twitter user, who apparently has no public profile at all (she’s not a celebrity or a journalist/blogger or a member of the commentatorati), has found her account suspended, simply for expressing her dislike of an actress.

The actress in question was Tracy-Ann Oberman, who apparently searches the social media platform for any adverse comment about her. Spotting this one, it seems she claimed that the lady in question had to be an anti-Semite, even though no part of the view she expressed in her tweet conveyed any such sentiment. See for yourself:

“It’s a sin was doing so well then I saw Tracy Ann Oberman left a bad taste in my mouth … trying to quickly forget I’ve seen her.”

“Caroline do you think that YOU may be one of those intolerant bigots that Russell is talking about in #itsasin

“Seems you’ve missed the entire point of the series. You and the rest of this thread. Oh dear. @cst @UKLabour @LabourAgainstAS”

The @ tags at the end of Oberman’s tweet are significant. She was tagging in the Community Security Trust and Labour Against Anti-Semitism – both highly vocal self-proclaimed crusaders against anti-Semitism (although both could equally well be described as witch-hunters against people targeted with false claims) along with the Labour Party, because ‘Caroline’ could be seen holding a Labour membership card in her profile picture.

The implication is clear: Oberman wanted to brand ‘Caroline’ an anti-Semite and she wanted to bring Labour’s attention to it. In order to provoke disciplinary action, perhaps? Because this person had expressed an opinion about her appearance in a TV show. Overkill?

No. Overkill is what followed. Oberman’s tweet led to a dogpile so vile that even some of its participants later withdrew their comments and apologised.

I won’t go into the details but you can read about it on Zelo Street if you like.

Then – apparently after pressure from the usual cohort of “blue tick” celebrities – ‘Caroline’ had her Twitter account suspended.

I repeat that she had not expressed a single opinion that was not well within her right. If she doesn’t like Tracy-Ann Oberman, it is not for Tracy-Ann Oberman to take offence and have her hounded off of Twitter. For all Tracy-Ann Oberman knew, ‘Caroline’ had perfectly good reasons for disliking her.

Those reasons don’t have to be restricted to her acting, either. I refer to her “clitoris” comment in response to David Quantick, and her (clearly racist, in my opinion) “Is Ping Pong the Thai help?” query in response to a tweet from Liz Hurley that her parrot had spoken in human language for the first time.

Nevertheless, Tracy-Ann Oberman reacted the way she did, and now an innocent member of the public has been hounded off of Twitter.

You may be wondering why Tracy-Ann Oberman feels justified in having acted as she did. I’ll tell you the answer:

Because there is a court ruling that says she cannot be held to account for it.

It’s the ruling of Mrs Justice Collins Rice in the case brought by Oberman’s friend Rachel Riley against This Writer.

Riley’s legal team had put forward an argument that she could not possibly be held responsible for the behaviour of her followers, who abused and harassed a teenage girl with mental health problems who had had the temerity to criticise her for accusing Owen Jones (and Jeremy Corbyn) of anti-Semitism.

Riley had tagged celebrities, politicians and so-called activists against anti-Semitism into her tweets responding to the girl, who had received many hundreds of responses critical of her as a result – forcing her to quit Twitter several times for the sake of her mental health.

But the judge agreed that Riley was not responsible. Her ruling means nobody else can be, either.

And this is the result.

It is hugely damaging – not only for the safety of people like ‘Caroline’, but for everybody’s Article 10 right to Freedom of Expression according to the Human Rights Act (she was hounded off the platform for expressing an opinion about an actress, remember).

It also contradicts the intentions of Online Harms legislation that is due to pass through Parliament soon. Part of the proposed law would make participation in online dogpiles a criminal offence with serious penalties attached.

As everybody should be aware by now, I have appealed against Mrs Justice Collins Rice’s ruling.

I hope that judges at the Court of Appeal agree that it has created the opportunity for significant harm – and has already caused such harm in the case of ‘Caroline’.

If so, then we may also hope that the ruling is rescinded and the Obermans of this world lose their legal protection.

My case is still going on, I am still crowdfunding to pay its costs, and you are invited to contribute in the time-honoured ways:

Consider making a donation yourself, if you can afford it, via the CrowdJustice page.

Email your friends, asking them to pledge to the CrowdJustice site.

Post a link to Facebook, asking readers to pledge.

On Twitter, tweet in support, quoting the address of the appeal.

If you haven’t donated before, perhaps this story will encourage you.

After all, they might come for you next.

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

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Senior Tories including ‘Brexit Steve’ Baker demand continuation of Covid death spiral

The image above may not be the most sophisticated graphic This Site has ever published, but it is accurate all the same.

The Tory rabble who have been pushing for more deaths in a bid to keep the economy going and their paymasters in big business happy have been pressuring Boris Johnson for another early end to the restrictions he has (laughably) encouraged us all to call a lockdown.

The infection and death rates are back at pre-‘lockdown’ levels, they say, so he she start easing us all back into work at the beginning of March.

Shockingly, arch-Brexiteer Steve Baker, clearly believing he hasn’t done enough to wreck the nation, has been traipsing around the broadcast media today, claiming that we need to give Covid-19 a chance at a third wave, for the sake of the poorest in society.

“Think of the poor!” How disgusting.

As the infographic above points out, he couldn’t care less when he voted against letting the poor keep the Universal Credit uplift they need to get by.

In this light, he seems clearly revealed as the kind of opportunist who says whatever he thinks will get him what he wants.

And he isn’t the only one:

Lockdown-sceptic Tories have piled pressure on Boris Johnson, calling on him to commit to a timetable for lifting coronavirus restrictions with a complete end to controls by the end of April.

In a letter to the prime minister, the leaders of the Covid Recovery Group (CRG) said the “tremendous pace” of the vaccination rollout meant restrictions should begin easing from early March.

They said ministers must produce a cost-benefit analysis to justify any controls that remain in place after that date, with a “roadmap” stating when they would be removed.

The letter was organised by the CRG chair and deputy chair, Mark Harper and Steve Baker, and was said to have the backing of 63 Conservative MPs in all. However, scientists advising the government are warning that lifting restrictions too quickly risks another wave of the disease as big as the current one.

Of course, 63 Tory MPs in rebellion isn’t enough to bother Johnson – the Tory majority in Parliament is 80 – but it might be enough to rattle his cage, reminding him that he needs to keep his members happy.

He has already said he hopes to map out a “cautious” route out of lockdown on February 22 – next Monday.

The CRG people, led by Baker and Mark Harper, reckon they can dictate its pace – demanding that schools reopen by March 8 and hospitality businesses by Easter.

So we’ll be well on the way to another surge by Whitsun, then.

Source: Tory MPs tell Johnson to commit to lifting Covid restrictions by end of April | World news | The Guardian

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Labour backs away from credible opposition by copying Tories on economics

Annaliese Dodds: do you really think you could trust this woman with the economy?

Keir Starmer’s Labour has announced that its new economic policy is to copy the Conservatives. Why not? Starmer’s copying the Tories in everything else!

Starmer, now well on his way to infamy as the worst leader in the more-than-100-year history of the Labour Party, may have turned the announcement over to his shadow chancellor, Anneliese Dodds, but it has his naive pawprints all over it.

Because it’s yet another example of an inexperienced politician, who doesn’t stand for anything apart from grabbing power for himself, blowing in the wind.

The Financial Times gave the game away.

Shadow chancellor Anneliese Dodds will signal on Wednesday that the Labour party is backing away from the hard-left economic policies of former leader Jeremy Corbyn

Sorry, what? “Hard-left” policies?

Corbyn was never hard-left and the author of the FT piece – Chris Giles, whose criticism of the Tories over the number of people dying due to Covid-19 has been exemplary – should know better. Perhaps he is being led by his ideological nose.

If Corbyn had been hard-left, he would have been demanding the nationalisation of everything and the end of individual property ownership. Hard-left policies require everything to be owned by the state and he never advocated that.

Corbyn’s policies were most similar to those of the Scandinavian countries – and anybody with an eye on international affairs will know that, economically, those nations are much more stable than the UK; their people far more prosperous. The UK would have been better-off under Corbyn’s economic policies.

But Starmer wants to turn his back on them because he is a Conservative at heart.

The trouble is, we already have a Conservative Party in the UK. Returning to the policies that lost Labour two elections (in 2010 and 2015 respectively) will not help a Labour leader who has failed to win a single victory against Boris Johnson’s inept and imbecilic Conservatives.

But that is exactly what Dodd’s is announcing.

In the annual Mais Lecture, she will cloak Labour’s strategy to become the UK’s next government in the latest thinking from international organisations such as the IMF, which recommends waiting until unemployment falls and the recovery is complete before thinking about the sustainability of public finances.

So, it’s back to austerity for Labour. That will be a long wait.

The best way to increase employment is to invest in it – not to leave everything to the market. That is hard-right neoliberalism and Labour should not have anything to do with it. Sadly, Labour members elected a Conservative as their party leader and he is imposing hard-right Conservative policies on them whether they want them or not.

The fact that he lied, lied, and lied again to get himself elected only partially excuses them (as it was clear that he was lying).

Strangely, in her speech, Dodds will distance herself from the economic programme Labour put forward in the run-up to the 2019 general election, that offered spending increases of £83 billion – a modest amount in comparison with the hundreds of billions splurged by Boris Johnson in the last year.

Instead, she will align Labour’s economic policy with that of the Tories, while referring to “responsible” policies no fewer than 23 times. There is nothing “responsible” about Conservative economic policy, or about aligning with them.

There’s an easy test for this. Conservative neoliberalism has been the dominant economic policy in the UK since 1979, when Margaret Thatcher was first elected into office.

At that time, a family of four could afford to pay the mortgage on their house together with all household bills including groceries and vehicle running costs, from the wages of just one parent – and still had enough left over for a holiday away from home during the summer.

Is that possible now?

No, it isn’t. Most of us are much worse-off after 41 years of this nonsense – apart from people in positions of extreme power, including MPs like Starmer and Dodds.

So perhaps there is an intention to help in this policy change. Starmer and Dodds are planning to help themselves.

Their predictable lapse into neoliberalism has been greeted with a chorus of derision from everybody who understands what it means:

Who would? The voting public certainly won’t.

Source: Labour signals end of Corbyn era in setting out economic vision | Financial Times

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Perverted UK right-wingers use riots by their US counterparts to attack British SOCIALISTS

Ian Austin: this wolf-in-sheep’s-clothing is trying to divert blame for the US Capitol riots onto socialists – who weren’t there and had nothing to do with it.

Already the Far Right in the UK is twisting the narrative of the US Capitol riot into a bid to blame the Left.

The riot in Washington DC yesterday (January 6) was carried out by members of far-right political groups in the United States, at the bidding of Donald Trump, one of the most right-wing presidents that nation has had, certainly in its recent history.

And what is the message our politicians are projecting?

Well, let’s look at former UK Labour MP Ian Austin’s opinion:

First he equates the Labour Party under former leader Jeremy Corbyn with the “hard left”, which is false. Corbyn’s politics was centre-left, of the kind we see in government in several European countries including the very successful Scandinavian nations.

He follows it with a lie that supporters of this centre-left viewpoint are somehow wholehearted supporters of terrorists (the IRA) and totalitarian dictatorships. There is no evidence to support these wild claims.

Finally, he claims that socialists would not accept an election defeat, in complete denial of events here in the UK in December 2019 – which really isn’t very long ago!

Needless to say, genuine socialists have responded hotly – and accurately:

But a lie can run around the world before the truth has got its shoes on, as the saying goes.

Socialists do not organise riots – fascists do.

And then they lay the blame on socialists. Know your enemy.

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Image of #Whitty confronting #Johnson over #Covid19 goes viral. What WAS he saying?

Whitty furious: but what was the UK’s chief medical officer saying to the prime minister who has bungled our defence against Covid-19 so badly?

Remember the old saying that a picture is worth a thousand words? It seems the above image of Chief Medical Officer Chris Whitty tearing Boris Johnson a new one has merited many thousands more:

That last tweet seems the most likely to be true, profanity-ridden though it is.

The image accompanied a Spectator article by Robert Peston in which that “magazine” heralded a report by the Office for National Statistics that is likely to say Covid-19 is on the march again everywhere, not just in regional pockets.

It is also likely to say that while the illness is rising in all age groups, it is now most prevalent in young people aged 17-29.

The article goes on to discuss the latest plan to stop the march of the virus, by forcing pubs, clubs and restaurants nationally to turf out customers at 10 pm or reverting to closing them altogether for a couple of weeks.

Apparently the name devised for this is “circuit breaker lockdown”, the aim being to interrupt the progress of the virus by stopping its flow along an established route.

Bit of a misnomer, that, as closing pubs at 10pm isn’t going to stop Covid being spread through them.

In any case, the damage has already been done; it’s fixing the barn door after the chicken has come home to roost.

The simple fact is that Boris Johnson, Matt Hancock and their cronies (who don’t like being challenged, according to London Mayor Sadiq Khan, remember) should not have reopened pubs in the way they did after such a haphazard campaign to keep a lid on the virus.

And that’s what I suspect Whitty was saying when the image was captured.

The article does highlight the real aim of Johnson’s Covid-related restrictions on our freedoms:

The priority of the Chief Medical Officer, Chris Whitty, is to suppress the incidence of the virus to a level that doesn’t prevent the NHS from treating other diseases and conditions.

So the idea is to infect the whole nation, piecemeal – presumably in the hope of eventually achieving that mythical “herd immunity” Johnson mentioned to Philip Schofield and Holly Willoughby back in March.

And never mind how many people die or suffer permanent health consequences as a result. Charming.

Peston, and the Spectator, also suggests that Johnson and his government “moved too late to prevent the first wave”, and “eventually applied the sledgehammer of total lockdown at huge economic cost”.

This seems characteristic of many right-wing periodicals; they are deserting the Tories – and in fact have started to criticise them hotly over the Covid fiasco.

Guardian article points out that the same magazine – The Spectator – ran a “Where’s Boris?” cartoon on its front cover “featuring a distant blond dot on a tiny boat bobbing rudderless and oarless on a stormy sea”.

The Daily Mail had reached a similar conclusion. “Boris: We’ve Failed” the front-page headline blared, with the paper claiming it had warned of a “looming test crisis five months ago”.

“Too often the government has over-promised and under-delivered,” concluded a leader in the Times on Friday morning. “Policies have had to be swiftly abandoned after the exposure of entirely predictable problems,” the centre-right broadsheet continued, adding the A-level fiasco and the problems with the contact-tracing app for good measure.

Of course they’re not willing to shift loyalty away from the Tories altogether… at least, not yet.

Labour leader Keir Starmer, for all his attempts to drag his party back into Tory orbit (and perhaps because of it) has failed to impress anybody apart from the most fervent haters of the man he replaced, Jeremy Corbyn. That party will need to find a new leader with a drop of socialism in his blood and a penchant for a decent soundbite. That’s not happening any time soon.

But just look at that picture.

This Writer has never seen a middle-aged bald man look so ready to smash somebody else’s face in – and I make that statement as a middle-aged, bald man myself.

It seems clear that Johnson is at a crossroads – but has probably sold his soul to the devil already. He’s on a road to a Hell of his own making – the question now is whether he’ll drag us all down with him.

Source: With scientists divided, it’s time for politicians to decide | The Spectator

Labour goons are trying to get lefties to buckle under to Starmer. Did they miss the last five years?

Keir Starmer: he’s not interested in accommodating left-wingers in Labour; he just wants them to shut up and do as they’re told.

It must be a kind of psychosis. Former Corbyn adviser Andrew Fisher’s outburst in The Guardian is just a symptom.

After spending five years refusing point-blank to accept Jeremy Corbyn’s leadership of the Labour Party and follow the new (which was actually a traditional) Labour Party line, these creeps – and their buddie in the media (Graun) – are trying to get lefties to slavishly follow Starmer:

Labour’s left must work constructively with Keir Starmer and resist the temptation to go “back in our sealed tomb”, Jeremy Corbyn’s former policy chief has warned.

Notice the choice of language. Nobody on the left suggested the uptight right-wingers belonged in a “sealed tomb” (although let’s be honest, a fascist rally would be more appropriate).

He said it was the responsibility of senior figures within the party’s left to reassure new members that Corbyn’s replacement would not lead to their marginalisation.

That would be irresponsible because we have already seen leading left-wing figures marginalised (Rebecca Long-Bailey, for example).

Fisher said Starmer’s 10 leadership election pledges, which included commitments on abolishing tuition fees, taxing the wealthy and public ownership, was “still basically our policy programme”.

Not true – Starmer has already reneged on nine out of the 10.

So I don’t believe Fisher, and I don’t think anybody else should either.

The opportunity for the different sides of “broad church” Labour to come together was under the left-wing leadership of Jeremy Corbyn.

It can’t happen under right-wingers like Keir Starmer because their attitude is as described in this article’s headline: buckle under or bugger off.

They’re not interested in devising a policy platform that is acceptable to traditional Labour supporters – and good for the country as a whole.

They just want to use rank-and-file Labour subscriptions to line their own pockets. In This Writer’s opinion.

Source: Labour left must work with Starmer or risk ‘return to tomb’, says Corbyn adviser | Politics | The Guardian

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DWP crashes to another court defeat over sickness benefits

The High Court – also known as the Royal Courts of Justice – in London.

The High Court has just ruled that a rule allowing the Department for Work and Pensions to force some benefit claimants to wait – unpaid – for a mandatory reconsideration before they can appeal against refusal is unlawful.

The system previously demanded that, if a claim for income-related Employment and Support Allowance was refused, claimants would have to wait for a “mandatory reconsideration” of their case to take place before they could appeal.

This could take weeks, and has often taken months, in which the claimant – who is claiming because of serious illness, remember – has no income on which to survive.

Mr Justice Swift ruled that the demand that a mandatory reconsideration must take place before a claimant can appeal is a “disproportionate interference with the right of access to court” – in some cases.

This case was brought by law graduate Michael Conner, with crowdfunded aid from the website Benefits and Work – and represents a considerable victory for the claimant, the website, and crowdfunded legal proceedings in general.

Mr Connor had been forced to wait 18 weeks while the DWP carried out a mandatory reconsideration of his ESA decision. During this time he had no right to claim ESA.

If he had been able to lodge an appeal, he would have been paid ESA on a probationary rate, dependent on the provision of medical evidence by his doctor.

The judge said that after his benefit was cancelled on October 18, 2018, Mr Connor applied for a mandatory reconsideration.

But, in an “error” of the kind that benefit claimants have come to expect from the DWP, he said “no action was taken in response… The request for revision was incorrectly entered onto the Secretary of State’s electronic document management system.

“The document was not recognised or recorded as a request for reconsideration, and instead was classified as ‘unstructured whitemail'” and “it was not until 6 March 2019 – 4 months after Mr Connor’s request had been received – that it was identified as a request for revision.”

Mr Connor had managed to claim Income Support and Carer’s Allowance in the meantime, so he decided not to appeal the decision. Instead, he informed the DWP that he intended to challenge the legality of the rule making him unable to appeal until a mandatory reconsideration had happened.

He pointed out that:

  • The rule creates an open-ended deferral of the right to appeal that could leave claimants without income for an unlimited period – as evidenced by his own case.
  • Its effect is anomalous as ESA is payable before a decision is made and while an appeal is taking place, but not while the DWP is going through the mandatory reconsideration process [or, more likely, forgetting about it – in the opinion of This Writer].
  • If an appeal is started, there is no provision for back payment of ESA to cover the period of the revision decision while an appeal is ongoing.
  • So the interference is disproportionate because “it places benefits claimants, such as him, who are vulnerable, in a position of ‘legal and financial limbo, distress and destitution’ for the duration of the revision process that must be pursued before an appeal can be commenced” – and there is “no limit on the time permitted to the Secretary of State to determine an application for revision.”

In his ruling, Mr Justice Swift said: “It is anomalous that the payment pending appeal arrangements for ESA … do not extend to ESA claimants who are required … to request the Secretary of State to revise a decision and await her decision on that request before initiating an appeal.

“At the hearing of this case I gave the Secretary of State the opportunity to … explain why no provision exists to pay ESA to claimants… None of this further information provides the answer.

“My conclusion is that [the regulation in question] is a disproportionate interference with the right of access to court, so far as it applies to claimants to ESA who, once an appeal is initiated, meet the conditions for payment pending appeal.

“The advantage permitted to the Secretary of State by [the] regulation … comes at a cost to ESA claimants. There is no explanation for that.

“There is no evidence to support a conclusion that the objective pursued by [the] regulation … would to any extent be compromised if payments like the payments pending appeal made to ESA claimants who are pursuing appeals to the Tribunal, were made to them while they waited on the Secretary of State’s revision decision.

“In the absence of payment equivalent to payment pending appeal, the application of [the] regulation … to ESA claimants does not strike the required fair balance, and for that reason is an unjustified impediment to the right of access to court guaranteed by ECHR Article 6.”

Benefits and Work has stated: “Sadly, the ruling does not apply to other benefits such as PIP or DLA.

Nonetheless, it is an important victory and it means that ESA claimants, who are often faced with the prospect of many weeks without funds if they wish to appeal, are now in a much better position when challenging a decision.”

It will be interesting to see what will happen now.

The ruling is that the current situation is unlawful but no further remedy has been put in place beyond a statement to that effect.

What will happen to ESA claimants who must go through the mandatory reconsideration process now? Will they be paid while their case is reviewed?

That seems the logical course.

But I fear the DWP may find a way to duck out of it.

Source: Connor, R (On the Application Of) v The Secretary of State for Work And Pensions [2020] EWHC 1999 (Admin) (24 July 2020)

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