Court hears challenge to impact of bedroom tax upon women in sanctuary schemes

The High Court will this week hear a judicial review challenge over the impact of the under-occupation provisions on housing benefit – known as the ‘bedroom tax’ – upon women living in ‘Sanctuary Scheme’ homes.

The two-day hearing (19-20 November) comes after His Honour Judge Anthony Thornton QC in June rejected a bid by the Department for Work & Pensions to have the claim dismissed.

The claimant, ‘A’, is a victim of rape, assault, harassment and stalking at the hands of an ex-partner.

Under regulation B13 of the Housing Benefit Regulations 2006, introduced on 1 April 2013, A and her son are only entitled to housing benefit for a two-bedroom property.

However, they live in a three-bedroom property that has been adapted for them by the police pursuant to a Sanctuary Scheme. This has seen a ‘panic space’ installed in her home, as well as a specialist ‘sanctuary system’.  This includes reinforced doors, electric alarms, a marker on the house and alarms linked to the police station.

The effect of the regulations, though, is that A’s benefit has been reduced by 14%.

The claimant will argue that the Secretary of State:

• The Secretary of State has failed to take into account the disproportionate impact of the ‘bedroom tax’ upon victims of domestic violence, who are overwhelmingly women, and in particular those in Sanctuary Scheme homes, in breach of Article 14 ECHR (anti-discrimination);
• The Secretary of State has failed to comply with his public sector equality duty; and
• The Secretary of State’s reliance on local authorities providing discretionary housing payments to affected people such as A is not an adequate safeguard to protect them.

A is represented by Doughty Street barristers Caoilfhionn Gallagher and Katie O’Byrne, instructed by Rebekah Carrier at Hopkin Murray Beskine Solicitors.  

Specialist charity Women’s Aid has provided evidence in support of the claim.

Freedom of information requests have suggested that almost 1 in 20 households using the Sanctuary Scheme have been affected by the under-occupancy provisions. This amounts to 281 households across the country.

The Supreme Court had meanwhile been expected to hand down its judgment today (19 November) on a challenge brought by lone parents and victims of domestic violence over the impact of the Government’s benefit cap.

However, the judgment has been postponed to allow opportunity for the justices to consider further written submissions from the parties.