Liberty Granted Permission to Challenge “Bedroom Tax” Over Impact on Separated Families
Human rights organisation Liberty has been granted permission to bring a Judicial Review against the Government’s controversial “bedroom tax”, arguing that the policy unfairly affects separated parents with shared custody of their children.
The scheme reduces Housing Benefit for claimants deemed to have a “spare room,” even if that room is used by a child who stays with them part-time. Liberty argues that this approach is irrational and breaches Articles 8 and 14 of the European Convention on Human Rights — the rights to a private and family life and to be free from discrimination.
Case Moves Forward in the Public Interest
A High Court Judge has agreed that Liberty’s case raises issues of significant public importance and should proceed to a full hearing.
“A child’s bedroom is their sanctuary and these parents are providing stable and secure homes, not ‘under-occupying’ their properties,” said Rosie Brighouse, Legal Officer for Liberty.
“This one-size-fits-all rule discriminates against families outside a certain narrow mould. Our clients represent thousands of parents who simply want to be part of their children’s lives. A Government that claims to prioritise families should know better.”
The Legal Challenge
Liberty is asking the court to rule that Regulation B13 of the Housing Benefit (Amendment) Regulations 2012 is incompatible with the rights of their clients and their children under Articles 8 and/or 14 of the European Convention on Human Rights. If successful, this would render the policy unlawful under section 6 of the Human Rights Act.
If you are affected by the “bedroom tax” or believe your housing rights have been breached, it is important to seek legal advice as soon as possible. Our solicitors can help you understand your options and take steps to protect your rights.
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