Source: All England Reporter
Publisher Citation: [2016] All ER (D) 208 (Jan)
Neutral Citation: [2016] EWCA Civ 29
Court: Court of Appeal, Civil Division
Judge:

Lord Thomas CJ, Tomlinson and Vos LJJ

Representation Richard Drabble QC and Tom Royston (instructed by Child Poverty Action Group) for RR and W.
  Karon Monaghan QC, Caoilfhionn Gallagher and Katie O'Byrne (instructed by Hopkin Murray Beskine Ltd) for A.
  Tim Eicke QC, Gemma White and Edward Brown (instructed by the Government Legal Department) for the Secretary of State.
  Helen Mountfield QC and Raj Desai (instructed by the Equality and Human Rights Commission) for the intervener.
Judgment Dates: 27 January 2016

Catchwords

Social security - Housing benefit - Bedroom tax - Claimants having housing benefit payment reduced following statutory change - Claimants issuing proceedings alleging unlawful discrimination on grounds of gender and disability and breach of public sector equality duty - Claims being dismissed - Whether regulations being unlawful on grounds of gender and disability discrimination - Whether there being breach of public sector equality duty - Housing Benefit Regulations 2006, , reg B13.

The Case

Social security Housing benefit. The Court of Appeal, Civil Division, held that regB13 of the amended Housing Benefit Regulations 2006, SI2006-213, unlawfully discriminated, without an objective and reasonable justification, against female victims of domestic violence living in specially adapted accommodation under the 'Sanctuary Scheme' and against disabled children living in specially adapted accommodation who required overnight respite care, contrary to art14 of the European Convention on Human Rights. The submissions that there had been a breach of the public sector equality duty under s149 of the were dismissed.

Practice Areas

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