Diverse disabilities: Accessibility and justice in the tribunal

This project will investigate how adopting a dynamic understanding of disability could improve accessibility and decision-making in tribunals.

Why is this important?

Disability is often understood and assessed as stable, physical, and visible, despite most disabled people having invisible and fluctuating conditions, such as chronic pain or energy limiting conditions. The overturn rate of Personal Independence Payment (PIP) decisions has remained at 70% for several years. Many people find it difficult to secure advice and representation for their appeal or find the tribunal inaccessible because measures tend to focus narrowly on supporting physical accessibility.

The government is consulting on changes to reduce how many people would be eligible for disability benefits. Reforms to PIP eligibility criteria will likely impact those with invisible and fluctuating conditions.

What does it involve?

The research will generate evidence on how disability and accessibility are understood in tribunals to improve accessibility and decision-making. The following questions will be answered:

1. How are disability and accessibility currently understood in the tribunal?
2. What are the practical implications of different understandings of disability in the tribunal for accessibility and outcomes of appeal hearings?
3. What resources and policy and practice changes would improve accessibility for disabled people in the appeal process?

The research will be completed in three stages:

1. Review existing research, guidance, and advice on disability and accessibility within tribunals.
2. Observe appeal hearings and interviews with tribunal professionals and disabled appellants to gather insights.
3. Co-production workshops with disabled people, legal professionals, and advisers to develop resources and recommendations informed by research findings.

How will it make a difference?

Findings will be shared with stakeholders, including welfare rights advisers, tribunal panels, and disabled appellants, to enhance understanding of disability diversity and improve tribunal practices. Outputs will include a co-produced tribunal guide for disabled appellants and an accessibility briefing for practitioners.