13 January 2021

What: In a two-day judicial review hearing, the high court hears evidence from lawyers for the family of Errol Graham that the decision to stop his ESA in 2017 was unlawful because it breached the Equality Act and the government’s own ESA regulations. The mental health charity Mind provides a witness statement in support of the family’s judicial review claim, which includes testimony from benefit claimants with similar experience of mental distress – and the barriers within the system – to Errol Graham. The Equality and Human Rights Commission, which is intervening in the case, has made it clear that it agrees with the arguments put forward by the family’s legal team. It also makes points of its own, including highlighting the importance of article three of the European Convention on Human Rights – which prohibits inhuman or degrading treatment – and the UN Convention on the Rights of Persons with Disabilities. Judgement is reserved until a future date.

Why significant: The latest stage in another high-profile legal action related to DWP’s safeguarding and policy failures.