Good Law Project issues letter before action against Secretary of State over “arbitrary” new Voter ID rules

Acting on behalf of a registered voter and trans woman with disabilities, who has no photographic identification, Good Law Project claims the Government’s new voter ID rules are “blocking” the registered voter from exercising her democratic rights.

The report by the Electoral Commission following the May 2023 elections highlighted evidence that some people found it harder than others to show accepted voter ID, including disabled people and the unemployed. 

The report said the rules were likely to have a “larger impact” at the General Election and recommended the Government make changes at the “earliest opportunity”.

However, Good Law Project argues the Government has “refused to adopt the Commission’s recommendations”.

In the letter before action, the organisation wrote: "We write to set out [the proposed claimant's] serious concerns regarding the lawfulness of specific aspects of the Secretary of State's response, as set out in his publication of 30 November 2023, to the report of the Electoral Commission."

The proposed grounds of challenge were set out as follows:

1. Breach of the Public Sector Equality Duty:

"As to the decision not to expand the list of permissible forms of ID, there is considerable evidence that the existing requirements have and will have a disproportionate impact on people with disabilities, ethnic minorities, younger people, and people sharing the protected characteristic of gender reassignment. As a result, any expansion of the list is of particular importance to these groups. [...] The decision therefore has particular relevance to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it."

“At present, there is nothing in the public domain to show that the Secretary of State had due regard to the statutory objectives and relevant equality impacts in making his decisions."

2. Breach of section 6 Human Rights Act 1998 when taken with Article 14 of the ECHR and A3P1

"The decision falls within the ambit of A3P1 because the Voter ID requirements are applicable to general elections (to which A3P1 also applies), and are liable to affect the exercise of the right to vote in that context."

“Our client is one of the disproportionately high percentage of disabled people without a currently accepted form of ID. The Secretary of State's refusal to expand the range of acceptable forms of ID limits her options in seeking to resolve this issue ahead of the general election."

3. Breach of the Tameside duty of inquiry

“The Tameside duty of inquiry requires decision makers to seek out the information reasonably required to make an informed decision.

“Nothing in the response of 30 November suggests that the Secretary of State obtained sufficient information on these issues to make an informed decision as to whether the list [of permissible forms of ID] could be expanded in a manner which improved accessibility and enfranchisement without giving rise to security concerns."

The Department for Levelling Up, Housing and Communities has been approached for comment.

Lottie Winson