Legal News

Ten disabled and vulnerable children have launched a legal challenge against the government’s “spare bedroom tax” which is expected to affect benefits for hundred of thousands of people because almost everyone have at least one room which is not in use.
A full judicial review may be ordered today by a high court judge amid fears that disabled people were going to be unduly affected by the change in benefit rule. The rules will be applicable from April 1.
The Department of Works and Pensions is being challenged by totally 22 claimants of which 10 are children, seven parents and five other adults whose cases are being supported by charities.
The new rules once effective will provide housing benefits on the basis that children under 16 of the same gender would be sharing a room and children under 10 to 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 of them have been assessed as needing their own bedrooms because of disabilities or at risk of violence from a sibling or because of trauma experienced as a result of abuse and domestic violence.
One of the children’s has Down’s syndrome and three others have 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.
Those adults involved in the challenge include Charlotte Carmichael and her husband Jayson. To ease bed sores caused by spina bifida she requires sleeping on a hospital mattress. Once the new regulations become effective they would be shown as under occupying their specially adapted flat in Southport, Merseyside.
A litigation solicitor acting for the children and their parents said the changes were going to have a "catastrophic impact" on her clients and thousands of other vulnerable children and adults. Those challenging have been already assessed by experts as unable to share room with their siblings.
She added that it was also predicted by the children’s commissioner a year ago who warned that the government should not make changes as it would have an unequal and shattering impact on families with disabled children and those fleeing domestic violence. Her clients could have avoided the situation.
Government’s advice to families to take a lodger to make up financial losses has been criticised, as it would invite a stranger into the home where disabled children or children having suffered serious abuse lived.