Emma-Varley

Who? Emma Varley, associate, public law and human rights, Bindmans.

Why is she in the news? The firm’s client, Helen Timson, successfully defended a government appeal in relation to guidance issued by the Department for Work and Pensions on ‘third-party deductions’.

Thoughts on the case: ‘My client believed that there was something very wrong with a system in which the department deducted money from her benefit, and paid it directly to third-party utility companies to repay debts that they said she owed, without first contacting her to find out what she thought about it. The High Court agreed, declaring that the way that the DWP was administering the “Third Party Deductions” scheme was unlawful, because it allowed deductions to be made without first giving the person affected a chance to have their say. The secretary of state appealed, arguing among other things that the system was fair when taken as a whole. The Court of Appeal dismissed the appeal in full, describing a system which allows a decision to be made without the benefit claimant having been given the opportunity to supply information about their circumstances as being “obviously unfair”. It was particularly pertinent that the Court of Appeal hearing took place against the backdrop of a cost-of-living crisis, in which the decisions people face between “heating and eating” are all too real.’

A government spokesperson said: ‘We are carefully considering this judgment and how best to implement it. The scheme strikes a fair balance between protecting people from the serious consequences of not dealing with uncontested debts for essential services and ensuring outstanding bills are paid. Safeguards are in place allowing claimants to dispute deductions and limits ensure they are manageable.’

Dealing with the media: ‘The judgment in this case affects thousands; dealing with the media and ensuring simple and accurate reporting and what it means has been essential. Fortunately, we have been supported by various organisations and charities, including Shelter, Fuel Poverty Action and Disabled People Against Cuts.’

Why become a lawyer? ‘I wanted to have a positive impact on people’s lives. I feel fortunate enough to say that this wish has been realised.’

Career high: ‘This case is one. Another was getting the government’s “leaving home” guidance changed at the very beginning of the pandemic, which clarified that those with specific health needs and disabilities were able to leave their home more than once a day and go farther afield, if it was necessary as a result of their health condition.’

Career low: ‘About half the work I do is legally aided. Its erosion is a constant cause for concern.’

Topics