Bedroom Tax Challenge dismissed by High Court

Campaigners have lost a legal challenge to social housing benefit cuts for residents with spare bedrooms in Britain.

Ten families brought a judicial review over the lower payments for people in homes deemed too large. The families, which include either disabled adults or children, had challenged the changes during a hearing in May, arguing that the benefit cut had a disproportionate impact on disabled people and was therefore discriminatory. However, the High Court ruled that the ‘bedroom tax’ did not breach their human rights and felt that the "provision of extra funding for DHPs ['discretionary housing payments'] and advice and guidance on its use cannot be said to be a disproportionate approach to the difficulties which those persons faced". 

Lawyers said the families were "bitterly disappointed".  The families were represented by 3 law firms, including Leigh Day.  Richard Stein from the Human Rights team at Leigh Day said:  “This is a most disappointing result. We will be seeking an urgent appeal to the Court of Appeal. Many people with disabilities including our clients may lose their homes unless the law is changed. Their lives are already difficult enough without the fear of losing their accommodation which has been provided specifically to meet their exceptional needs.” 

A statement from the Department for Work and Pensions (DWP) said: "We are pleased to learn that the court has found in our favour and agreed that we have fulfilled our equality duties to disabled people." 

A more detailed look at the judgment is available on Nearly Legal. 

The Welfare Reform Bill (NI) is still under consideration by the NI Assembly so we are unsure when, how or if the "bedroom tax" will impact locally.  We delivered a policy briefing to the Social Development Committee in March which detailed our concerns about this Bill.  

100 days of "bedroom tax"

The housing association Aragon has published "Should I Stay or Should I Go?", a report into how the first 100 days of the 'bedroom tax' have impacted on its finances and on its tenants. The report shows that tenants have been unable to move to smaller properties as there is a lack of suitable properties and rent arrears have increased as a direct result of the measure. 

Carers UK has also carried out research into the impact of this reform.  Its research found fewer than 10% of respondents had received Discretionary Housing Payments for a full year to help with the shortfall in rent.  The survey shows many respondents are worried about food poverty, debt and the threat of eviction as a consequence of housing benefit shortfalls.