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Children's rights cited in legal challenge launched against 'bedroom tax' Children's rights cited in legal challenge launched against 'bedroom tax'
(7 months later)
A legal challenge has been launched on behalf of 10 disabled and vulnerable children against the government's so-called "spare bedroom tax", which is expected to lead to a reduction in benefits for hundreds of thousands of people because they have at least one unused room.A legal challenge has been launched on behalf of 10 disabled and vulnerable children against the government's so-called "spare bedroom tax", which is expected to lead to a reduction in benefits for hundreds of thousands of people because they have at least one unused room.
Amid concerns that disabled people will be disproportionately affected by the change in benefit rules, a high court judge will on Tuesday rule on an application to have a full judicial review of the policy before it comes into effect on 1 April.Amid concerns that disabled people will be disproportionately affected by the change in benefit rules, a high court judge will on Tuesday rule on an application to have a full judicial review of the policy before it comes into effect on 1 April.
The challenge to Iain Duncan Smith, the secretary of state for work and pensions, has been launched by 22 claimants in total – 10 children, seven parents and five other adults – whose cases are supported by charities.The challenge to Iain Duncan Smith, the secretary of state for work and pensions, has been launched by 22 claimants in total – 10 children, seven parents and five other adults – whose cases are supported by charities.
Under the new rules, housing benefit will only be payable on the basis that children under 16 of the same gender will share a room, and children under 10 will share a room regardless of their gender.Under the new rules, housing benefit will only be payable on the basis that children under 16 of the same gender will share a room, and children under 10 will share a room regardless of their gender.
All 10 of the children in the claims fall into one of the categories and are expected to share a bedroom with siblings.All 10 of the children in the claims fall into one of the categories and are expected to share a bedroom with siblings.
However, all of them have also been assessed as needing their own bedrooms – either due to disabilities, because they are at risk of violence from a sibling or because of trauma experienced as a result of abuse and domestic violence.However, all of them have also been assessed as needing their own bedrooms – either due to disabilities, because they are at risk of violence from a sibling or because of trauma experienced as a result of abuse and domestic violence.
The children include one who has Down's syndrome and three with autism. One boy has a rare and very severe genetic condition affecting the brain, Joubert's syndrome.The children include one who has Down's syndrome and three with autism. One boy has a rare and very severe genetic condition affecting the brain, Joubert's syndrome.
Four of the children have been settled in their current accommodation having fled serious domestic violence and abuse. The National Autistic Society and Contact a Family have submitted witness evidence in support of the claims.Four of the children have been settled in their current accommodation having fled serious domestic violence and abuse. The National Autistic Society and Contact a Family have submitted witness evidence in support of the claims.
The cases lodged by disabled adults include one relating to Charlotte Carmichael and her husband Jayson. She sleeps on a hospital mattress to ease bed sores caused by her spina bifida, while he uses a single bed in their smaller second room. But from April the new regulations would mean that they are under-occupying their specially adapted flat in Southport, Merseyside.The cases lodged by disabled adults include one relating to Charlotte Carmichael and her husband Jayson. She sleeps on a hospital mattress to ease bed sores caused by her spina bifida, while he uses a single bed in their smaller second room. But from April the new regulations would mean that they are under-occupying their specially adapted flat in Southport, Merseyside.
Rebekah Carrier, a solicitor at Hopkin Murray Beskine, which is acting for the children and their parents, said the changes would have a "catastrophic impact" on her clients and thousands of other vulnerable children and adults.Rebekah Carrier, a solicitor at Hopkin Murray Beskine, which is acting for the children and their parents, said the changes would have a "catastrophic impact" on her clients and thousands of other vulnerable children and adults.
She added: "Experts have assessed my clients as being unable to share a room with their siblings.She added: "Experts have assessed my clients as being unable to share a room with their siblings.
"A year ago the children's commissioner warned the government that these changes would have a disproportionate and devastating impact on families with disabled children and those fleeing domestic violence. The appalling situation my clients now find themselves in was entirely predictable and avoidable."A year ago the children's commissioner warned the government that these changes would have a disproportionate and devastating impact on families with disabled children and those fleeing domestic violence. The appalling situation my clients now find themselves in was entirely predictable and avoidable.
"The government is advising these families to consider taking in a lodger to make up the financial shortfall, but none of these families have a spare room available because the rooms are already being used."The government is advising these families to consider taking in a lodger to make up the financial shortfall, but none of these families have a spare room available because the rooms are already being used.
"It is also very surprising that the government is advising families with disabled children, and children suffering trauma following serious abuse, to invite a stranger into their home.""It is also very surprising that the government is advising families with disabled children, and children suffering trauma following serious abuse, to invite a stranger into their home."
Housing benefit and universal credit claimants deemed to have one unused bedroom in their council or housing association home will lose 14% of their housing benefit and those with two or more will lose 25%.Housing benefit and universal credit claimants deemed to have one unused bedroom in their council or housing association home will lose 14% of their housing benefit and those with two or more will lose 25%.
Estimates by the Department for Work and Pensions (DWP) indicate that 660,000 people living in social housing will lose an average of £728 a year as a result of the change.Estimates by the Department for Work and Pensions (DWP) indicate that 660,000 people living in social housing will lose an average of £728 a year as a result of the change.
A spokesperson for the DWP said the department acknowledged that the legal action was being taken and would respond in due course.A spokesperson for the DWP said the department acknowledged that the legal action was being taken and would respond in due course.
On the broader issue, he said: "We have provided councils with a £155m discretionary fund in order to help those affected by the changes such as disabled people.On the broader issue, he said: "We have provided councils with a £155m discretionary fund in order to help those affected by the changes such as disabled people.
"However, with two million people on the housing waiting list and around one million empty bedrooms, it is only fair that we make proper use of social housing in this country."However, with two million people on the housing waiting list and around one million empty bedrooms, it is only fair that we make proper use of social housing in this country.
"The same rules already apply to those in the private rental sector.""The same rules already apply to those in the private rental sector."
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