In what amounts to a black Friday for benefits case law, following today’s bedroom tax human rights judgment, the Court of Appeal has dismissed an appeal by two women that the bedroom tax cap is discriminatory against women and children, and in particular against families that have escaped domestic violence.
The Court held that the ‘benefits cap’ rules did discriminate against women, but that the discrimination was justified because it “reflects the political judgment of the Government.”
The original judicial review was dismissed by the High Court on 5 November 2013.
The appeal concerns two women who have been left by their husbands to look after their young children, following suffered severe domestic violence, which has prevented them being able to work.
Both were forced to look for alternative accommodation, which although considered poor and inadequate, is very expensive and has led to their benefits being capped.
The Court of Appeal did state that the Government’s delay in addressing recognised problems with the benefit cap’s application to women’s refuges was “a matter of some concern” but accepted the Government’s assurance that they intend to act on this issue.
Rebekah Carrier of Hopkin Murray Beskine Solicitors who represents the Appellants said:
"We are very disappointed with the decision of the Court of Appeal and hope to continue this challenge in the Supreme Court. In particular it is disappointing that the Court declined to decide important issues of principle affecting the large numbers of women and children made homeless by domestic violence every year. The Government promised to address this in April 2013, ten months ago, but has failed to do so. The Court recognised the problem and expressed concern about the Government’s delay in addressing it, but they have abandoned many domestic violence victims to their fate until the Government chooses to act. That is not good enough for my clients, or for the many women who will face a stark choice about whether to stay with a violent partner, or flee and risk losing their home or being destitute.”
For more information go to http://www.hmbsolicitors.co.uk/news/category/item/index.cfm?asset_id=1561
For more about the cap see our Factsheet F8 - benefits cap