From Leigh Day & Co:
Lawyers vow to fight on after losing part of their battle on overturning the Government’s ‘Bedroom Tax’
Lawyers representing adults and children with disabilities who are challenging the Government’s ‘Bedroom Tax’ have vowed to fight on after today losing part of their High Court battle to halt the controversial new housing benefit regulations that came into force on 1st April this year.
Since 1 April 2013, persons deemed to have 1 spare bedroom have had their housing benefit reduced by 14% and persons deemed to have 2, or more, spare bedrooms have had their housing benefit reduced by 25%. The claimants all argued that these new Housing Benefit rules discriminate against people with disabilities.
The Court accepted that they are discriminatory, but decided that the discrimination was justified and therefore lawful – apart from in cases of disabled children unable to share a bedroom because of their disabilities.
Disabled Children and Bedroom Sharing
The Court found that the Secretary of State has been aware that the law must be changed to provide for disabled children since May 2012, and they were highly critical of his failure to make Regulations to provide for them. Lord Justice Laws said that the current state of affairs “cannot be allowed to continue”.
The Government must now make Regulations “very speedily” to show that there should be “no deduction of housing benefit where an extra bedroom is required for children who are unable to share because of their disabilities.”
The Wider Group
However the Court held that discrimination against adults with disabilities, even those in the same situation to children with disabilities who could not share a room, was justified. Lawyers for adults with disabilities today said that they believe this cannot be right.
They should be entitled to full Housing Benefit for the accommodation they actually need.
Lawyers for adults with disabilities today confirmed that they intend to appeal the ruling, arguing that the discriminatory impact of the measure on people with disabilities cannot be justified and is unlawful.
Disabled children and their families also intend to appeal as they are now left in a position where they do not know whether in fact they are entitled to full housing benefit to meet the costs of the homes that they need.
This is because the Government has declined to confirm that the new Regulations, which the Court says must be made, will cover their situations, or to provide a date by which the new Regulations will be made.
Since the new housing legislation was introduced it has had a devastating effect on many people across the country. Charities, Social Landlords and Advice Agencies have spoken out about the plight of people with disabilities who have been affected by the measure.
3 law firms are representing the Claimants: Hopkin Murray Beskine, Leigh Day and Public Law Solicitors.
Richard Stein from the Human Rights team at Leigh Day said:
“This is a most disappointing result. We will be seeking an urgent appeal to the Court of Appeal. Many people with disabilities including our clients may lose their homes unless the law is changed. Their lives are already difficult enough without the fear of losing their accommodation which has been provided specifically to meet their exceptional needs.”
The Guardian identifies some “puzzling anomalies” in the judgement.