R (Reilly & Wilson) v Secretary of State for Work and Pension

The Court of Appeal has quashed the Government's flagship back-to-work schemes, which require individuals to work without pay, on the basis that they are ultra vires the Jobseeker's Act. The Court (overturning the first instance judge) unanimously held that the schemes had not been authored by Parliament, Stanley Burnton LJ stated:

"any scheme must be such as has been authorised by Parliament. There is a constitutional issue involved. The loss of jobseekers' allowance may result in considerable personal hardship"

The Court of Appeal also held that the claimants had not been given requisite information about the schemes they were required to participate on. The judgment is likely to have major implications for those on Jobseeker's allowance and those who have previously been sanctioned under the back-to-work schemes by having jobseeker's allowance withheld.

Tom Hickman was the claimants' junior barrister, instructed by Public Interest Lawyers.

Further information is available here: http://www.publicinterestlawyers.co.uk/news_details.php?id=298