Since 2020, lawyers from Freshfields’ London office have worked with the anti-poverty charity Z2K to help individuals challenge official refusals of disability benefits entitlements, with a high rate of success.

Reforms to the UK’s benefits system have resulted in an increased number of disabled people having their welfare payments reduced or refused. Unless those decisions are reversed, many face the risk of worsening poverty and – in some cases – homelessness.

Z2K (the Zacchaeus 2000 Trust) has been providing free legal representation to such individuals for over 20 years using a mixture of experienced in-house caseworkers and pro bono volunteer lawyers, including from Freshfields.

Appellants rarely represented

The UK benefits system is administered by the Department for Work and Pensions (DWP). Welfare claimants who feel that they have had their benefits stopped or reduced wrongly have a right of appeal to a tribunal.

However, with only 10 per cent of appellants in London represented, there is a high level of demand for specialist legal representation to help individuals who might otherwise struggle to navigate the formal appeals process, which includes lodging several pages of written submissions and answering questions from a panel of judges at a hearing.

Freshfields on board

Freshfields lawyers started representing Z2K clients in early 2020. After receiving training, Freshfields volunteers prepare appeals by considering the necessary paperwork, drafting and filing written submissions, and representing clients at oral hearings with the aim of helping them assert their legal rights.

A layer of complexity was added with the onset of the pandemic, which meant navigating changing guidance on tribunal hearings and moving to remote (videoconferencing and telephone) hearings in most cases.

A strong success rate

Over 50 of our partners, counsel and associates are now involved in the project, which is overseen by IP partner Christopher Stothers. It is our first London-wide advocacy opportunity in which lawyers from all practice groups can get involved.

We have recorded over 3,000 hours to the project and obtained over 40 successful outcomes to date.

Our involvement, alongside other City law firms, enabled Z2K to support 217 tribunal cases in 2021 of which 179 received decisions, with an 87% success rate.

A valuable – and valued – relationship

Liam Casey, Tribunals Manager at Z2K, said: 'Nearly half of all people in poverty in the UK are either disabled themselves or live with someone who is disabled. Unfortunately, too many are wrongly denied the health and disability benefits they are entitled to, leaving them unable to live stable and dignified lives.

'We're delighted to work in partnership with Freshfields and grateful for the positive outcomes they achieve for our clients, supporting over 45 appeals since their involvement began,' Liam continued. 'Their interventions have resulted in securing well over £450,000 in backdated and future payments for our clients. With the support of pro bono partnerships, we can help many more disabled people access justice and secure vital income to help them meet their needs. A huge thank you to Freshfields for their continued support.'

Global transactions (GT) associate Sam Naylor said 'There is enormous value in getting involved with Z2K for two reasons: first, because it substantially increases Z2K's clients' chances of success, and second, because it builds our own collective understanding of the processes and norms that govern the welfare system – a vital part of our society.'

Fellow GT associate Yvonne Barry said: 'Volunteering with Z2K was a highly rewarding experience. We successfully represented our client in his benefits appeal, which made a significant difference to his life and was a great way to use our expertise to help make a difference. Z2K provide all the necessary support and training so that you can represent clients to the best of your ability.'