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And another one…


Another bedroom tax judicial review has just been issued.

CPAG are acting in a judicial review by Paul and Susan Rutherford. Their grandson, Warren, suffers from grave cognitive and physical disabilities and requires 24 hour care by at least two people at all times. His grandparents, who both suffer from disabilities themselves, struggle to look after him alone and need the help of two carers who can stay overnight at least twice a week. The household live in a 3 bedroom bungalow, with the third bedroom needed for overnight carers and Warren’s equipment.

While overnight carers for the housing benefit claimant or their partner attract a dispensation from the bedroom tax for an ‘additional’ bedroom, there is no such dispensation for overnight carers for children.

The grounds of judicial review are discrimination under Article 14, and no rational basis for the exclusion of children from the overnight carer exemption.

CPAG point out that none of the cases in R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 (our note) concerned disabled children requiring overnight carers. The appeal in R(MA) has been granted permission by the Court of Appeal and is to be listed for an expedited hearing as a matter of public importance.

In the meantime, the Liberty Judicial Review in relation to room allowance for children of separated parents continues.

There is also this one on victims of domestic violence, which may be ongoing.

So that is two or three ongoing judicial reviews and a court of appeal hearing coming up.


Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.


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