CPAG acted for the appellant in an appeal against the abolition of Sure Start Maternity grants for women who have a second child. The case concerned whether the DWP carried out an adequate assessment of the impact of the cut on ethnic minorities, who have larger families and are less likely to have received a maternity grant for their first child. We argue that the Department failed to have due regard to its duties under the Race Relations Act 1971.
The appeal was heard by the Upper Tribunal on 6 February 2014 and the judgment UKUT 0298 (AAC) was issued on 11 July 2014. The Tribunal ruled that it did have the jurisdiction to consider whether there had been a breach of the public sector equality duty. However, the judge found:
"Notwithstanding the failure by the Secretary of State to seek further information, in the particular circumstances of the amendments to the regulations in this case I am (just about) not persuaded that the Secretary of State was in breach of the public sector equality duty or that the amendments were ultra vires."