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Is this the real reason for Starmer’s humiliating digital ID U-turn?

EXCLUSIVE: Following intense public backlash and falling poll support for Labour, ministers executed a significant retreat earlier this week.

Prime Minister's Questions

Prime Minister Sir Keir Starmer (Image: PA)

A former British Army veteran believes his High Court judicial review may have played a pivotal role in forcing the UK Government to abandon its plans for a mandatory digital ID scheme. Charlie Proctor, 46, from Rossendale, who served in Iraq, launched the challenge in late 2025 against the Labour Government’s original proposal for a compulsory “BritCard” digital ID.

The scheme, announced by Prime Minister Sir Keir Starmer on September 25, 2025, would have required every citizen and legal resident to obtain a free digital identity – stored in a GOV.UK Wallet on mobile phones and integrated with GOV.UK One Login – to prove their right to work by the end of the Parliament (around 2029). Sir Keir had declared: “You will not be able to work in the United Kingdom if you do not have digital ID. It’s as simple as that.” The policy aimed to crack down on illegal working, secure borders, and streamline bureaucracy, while benefiting the estimated 11 million people without traditional IDs like passports or driving licences.

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Chancellor Rachel Reeves (Image: Getty)

However, following intense public backlash, privacy concerns, falling poll support for Labour, and opposition criticism, ministers executed a significant retreat earlier this week.

Right-to-work checks will still become mandatory and digital by 2029, using biometric and instant verification, but the single government-issued BritCard is no longer compulsory. Instead, workers can use multiple forms, such as biometric passports (with chips), eVisas, or other Home Office digital credentials.

Mr Proctor’s case – formally AC-2025-MAN-000496: The King (on the application of Proctor) v Secretary of State for Science, Innovation and Technology – remains live at the permission stage.

It argues the original mandatory approach breached Article 8 of the European Convention on Human Rights (right to privacy), drawing on precedents like the 2008 S and Marper v UK ruling, and failed public sector equality duties under the Equality Act 2010 (Section 149), due to risks of digital exclusion for elderly and disabled people. A core element was the concept of “soft compulsion,” where a nominally voluntary system becomes unavoidable for work or services.

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Protesters hold a sign against Keir Starmer during a rally in October (Image: Getty Images)

Mr Proctor suggested the judicial review influenced the change, noting that the Government abandoned the compulsory element while his live case was underway, and that the revised policy directly addressed the core legal issues he raised.

He argued the legal timeline indicated a formal High Court challenge prompted the department to avoid defending the original position in open court.

He stated: “I’m careful not to overstate it, but from a public law perspective, it’s hard to ignore the timing and substance. The policy was changed after the judicial review was issued, while it was live, and before the Government was required to defend its legality in open court.

“The elements that were removed are the exact ones challenged in the claim, which makes it difficult to see the change as coincidental.”

Mr Proctor added: “This wasn’t about opposing technology; it was about drawing a line when access to work was being made conditional on enrolling in a new system.

“Once the Government was forced to confront that legal risk formally, it chose to step back rather than justify the policy as originally announced. That’s how judicial review is meant to work.”

He noted: “What’s often missed is that the case is still active before the court. A policy change under legal pressure doesn’t automatically resolve questions of accountability. It matters that these decisions are tested and recorded properly, not just quietly amended once the challenge bites.”

The Government maintains the shift is a practical clarification, not a U-turn driven by litigation. Chancellor Rachel Reeves told BBC Breakfast the story had been “a bit overwritten,” explaining: “We are saying that you will need mandatory digital ID to be able to work in the UK.

“Now the difference is whether that has to be one piece of ID, a digital ID card, or whether it could be an e-visa or an e-passport, and we’re pretty relaxed about what form that takes.”

She emphasised in Leeds: “I care about the practicalities… and what we’re trying to achieve is to stop illegal immigration into the UK.”

Business Secretary Peter Kyle told BBC Radio 4 there would be “multiple forms of digital ID,” with details clarified via an upcoming public consultation. At Prime Minister’s Questions, Sir Keir responded to Conservative leader Kemi Badenoch’s “latest U-turn” accusation by affirming: “I’m determined to make it harder for people to work illegally in this country, and that’s why there will be checks, they will be digital, and they will be mandatory.”

Officials insist details were “always” set for consultation. The broader framework persists, potentially voluntary for services like welfare.

Mr Proctor’s GoFundMe campaign, “Stop Mandatory Digital ID – Defend Our Rights,” continues to support the ongoing legal effort.

Privacy advocates see the change as a partial victory, though concerns linger about future expansions. If the review advances, it could enforce stricter assessments and set precedents against executive overreach.

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