Written By Emma Finamore, Editor, AllAboutLaw.co.uk

Court of Appeal rejects bedroom tax as 'unlawful'

Written By Emma Finamore, Editor, AllAboutLaw.co.uk

It was found to discriminate against women and children, in certain circumstances.

The so-called bedroom tax unlawfully discriminates against women, domestic violence victims and children, senior judges ruled this week.

In the latest challenges to the lawfulness of the controversial tax, three Court of Appeal judges, headed by the Lord Chief Justice, found in favour of two cases.

These were a victim of domestic violence and the grandparents of a severely disabled teenager.

One case was brought by a single mother living in a three-bedroom council house; one bedroom had been turned into a panic room to protect her from a violent ex-partner.

The other, brought by two grandparents, involves its impact on seriously disabled children who need overnight care.

In both cases it was argued that the policy – which came into force in April 2013 – unlawfully discriminates against women and domestic violence victims.

It was found to also discriminate against children in the situation of the Rutherfords' grandson, Warren.

Lord Thomas, the Lord Chief Justice, Lord Justice Tomlinson and Lord Justice Vos allowed both the appeals on the grounds that the "admitted discrimination in each case ... has not been justified by the secretary of state".

Specialist lawyers expected the ruling. "The decision isn't surprising considering the past case of Burnip v the Secretary of State for Work and Pensions," said Sian Evans, a partner at law firm Weightmans.

"That case prompted an amendment to the bedroom tax, which exempted a person from housing benefit deductions if they required an overnight carer.

“It didn't seem sensible at the time that the regulations weren't also extended to disabled children requiring overnight care."

The Department for Work and Pensions was given permission to challenge the Court of Appeal's ruling at the Supreme Court.

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