HM Treasury has been formally served with a Pre-Action Protocol letter ahead of proposed Judicial Review proceedings over recent changes to the Motability Scheme, the government-backed programme that provides vehicles to disabled people.
The claim challenges the lawfulness of fiscal measures introduced in the Autumn Budget 2025, resulting in tighter mileage allowances and sharply increased excess mileage charges.
Lawyers argue that these changes disproportionately affect disabled individuals who rely on higher-than-average mobility for essential daily activities.
The proposed claim alleges that HM Treasury has breached its statutory duties under section 149 of the Equality Act 2010 by failing to consider the disproportionate impact on disabled motorists. It also raises concerns over indirect discrimination, irrationality in policy-making, and the omission of relevant factors in the decision-making process.
In conjunction with the pre-action proceedings, the claimant has submitted a Freedom of Information request seeking disclosure of internal documents, including any Equality Impact Assessments and related analyses undertaken by the Treasury.
Should the Treasury fail to respond satisfactorily, the claimant has confirmed plans to issue proceedings in the High Court. The case is expected to raise wider questions over the government’s responsibility to protect disabled people’s access to transport, independence, and essential services.
A government spokesperson declined to comment on the ongoing legal process.
Leave a Comment