High Court rules Access to Work cap is not unlawful

Sun,19 August 2018
News Education

Buxton, R (on the application of) v Secretary of State for Work and Pensions [2018]

Read judgment

David Buxton’s press release

Background to the case

The case was brought by Mr David Buxton, who was deaf.  The two key issues heard were related to the public sector equality duty and indirect discrimination, in particular the disproportionately effect of the cap on Deaf BSL users and Disabled people with high support needs.

The cap effectively removed employment support from those with the most complex needs

The High Court decision effectively upheld the right of the Secretary of State to decide the rates at which Access to Work will be provided.