0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

High Court rules bedroom tax non-discriminatory

31 July 2013

In a lengthy judgment handed down on 30th July 2013, Lord Justice Law and Justice Cranston found against ten families who claimed that the bedroom tax was discriminatory and breached article 14 of the European Convention of Human Rights.

The 10 claimants were all people suffering with disabilities. They faced significant reductions in housing benefit due to the bedroom tax. In one particular case a 40 year old lady who had spina bifida was supplied with a special bed that meant that her husband had to sleep in a second room. This second room meant they were faced with a 14% reduction in housing benefit.

The judges were of the view that local authorities had sufficient flexibility and discretion to make up this shortfall because of the £30 million that had been allocated to make discretionary housing payments. Following the judgment the Government announced that the discretionary housing pot was being increased by a further £35 million.

All the indications are that we haven’t heard the last of this case and the families will appeal the decision.

Related opinions

Flexible working, childcare and indirect sex discrimination – important reminder

The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).

View blog

School not liable for reckless actions of a student

The decision reinforces that the standard of the duty of care owed by schools is one or reasonableness.

View blog

The Debt Respite Scheme and its implications for creditors

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 is due to come into force on 4 May 2021. It’s a snappy title but what exactly is it?

View blog

Consultation launched on the future of subsidy control law

The Department for Business, Energy & Industrial Strategy has just launched its consultation on the future of subsidy control law (previously known as state aid) in the UK.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up