A Pre-Action Protocol (PAP) Letter Before Claim has been formally served on HM Treasury in respect of proposed Judicial Review proceedings concerning recent Government policy changes impacting the Motability Scheme.
The proposed claim challenges the lawfulness of fiscal measures announced in the Autumn Budget 2025 and their subsequent implementation, which have resulted in material changes to the structure and accessibility of the Scheme.
These include, inter alia, a reduction in permitted mileage and a substantial increase in excess mileage charges.
It is contended that the Defendant has acted unlawfully, including by failing to comply with its statutory duties under section 149 of the Equality Act 2010.
In particular, the Defendant is alleged to have failed to have due regard to the disproportionate impact of these measures on a distinct class of disabled persons who require higher-than-average mobility for non-discretionary purposes.
The claim further raises issues of indirect discrimination, failure to take relevant considerations into account, and irrationality in the formulation and implementation of the policy.
In parallel with the commencement of pre-action proceedings, a request has been submitted under the Freedom of Information Act 2000 seeking disclosure of documents relevant to the decision-making process, including any Equality Impact Assessments and internal analysis undertaken by HM Treasury.
The Defendant has been invited to provide a substantive response in accordance with the Pre-Action Protocol for Judicial Review.
In the absence of a satisfactory response, the Claimant intends to issue proceedings in the High Court.
This matter raises issues of significant public importance, particularly in relation to the protection of disabled persons’ access to mobility, independence, and essential services.
