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Bedroom tax ruled discriminatory by Court of Appeal judges Bedroom Tax ruled 'discriminatory' and 'unlawful' by Court of Appeal judges
(35 minutes later)
​The so-called “Bedroom Tax” has been declared discriminatory by the Court of Appeal. The Government’s so-called “Bedroom Tax” policy has been declared discriminatory and unlawful by the Court of Appeal.
Judges made the decision following a legal challenge against the Government by a domestic violence victim and the family of a disabled teenager.Judges made the decision following a legal challenge against the Government by a domestic violence victim and the family of a disabled teenager.
This article will be updated shortly The “tax”, which takes the form of a reduction in housing support for people in social housing with spare rooms, was introduced in April 2013 to encourage people to move out of homes they were under occupying.
It has since been criticised for causing poverty, disproportionally affecting the disabled, and affecting people who have nowhere suitable to move to.
The Department for Work and Pensions said it would appeal the decision in the Supreme Court – the UK’s highest legal authority outside the European Court of Human Rights.
One of the two successful appeals was brought by a woman identified as ‘A’ who had been a victim of domestic violence. Her home has been adapted with a panic room.
Her lawyers claimed the policy discriminated against her because she would have to leave a room that had been adapted for her safety. Wheelchair users and disabled people have made similar claims.
The second successful appeal was brought by Paul and Susan Rutherford on behalf of their severely disabled grandson Warren.
Warren suffers from a rare genetic disorder and requires 24 hour care because he cannot walk, talk or feed himself.
The couple was hit by the bedroom tax because they have a room that is used for overnight carers and storing specialist medical equipment.
The court found the policy’s impact on disabled children was contrary to the European Convention on Human Rights.
Labour MP Sarah Champion welcomed the success of the challenges in a tweet, branding the policy a “nasty tax that punishes most vulnerable”.
A DWP spokesman said the people found to have been discriminated against were in receipt of discretionary housing payment – payment provided by councils to cancel out the effects of the “bedroom tax”.
“We are pleased that the court found – once again – that we have complied with the Public Sector Equality Duty,” the spokesperson said in a statement.
“We fundamentally disagree with the court’s ruling on the ECHR, which directly contradicts the High Court. We have already been granted permission to appeal to the Supreme Court.
“We know there will be people who need extra support. That is why we are giving local authorities over £870m in extra funding over the next five years to help ensure people in difficult situations like these don’t lose out.”