Child poverty charity brings legal challenge over housing benefit cuts

A charity has launched judicial review proceedings against the government over two of its proposed cuts to housing benefit for private sector tenants.

The Child Poverty Action Group said the cuts in question – a restriction on the maximum household size to four bedrooms and caps on the amount of housing benefit a household can receive – were likely to have “a dramatic effect in London in particular”.

The group’s case said its case was based on two grounds:

• “The changes are contrary to the fundamental purpose of the housing benefit scheme, which was originally intended to be a national scheme to prevent homelessness”
• The government had failed to have due regard to the general equality duties under the Race Relations Act 1976 and the Sex Discrimination Act 1975 “because ethnic minorities and lone parents will be disproportionately hit by the two cuts being challenged”.

The charity cited warnings from the Mayor of London, Boris Johnson, that around 9,000 London households could be forced to leave their homes. This would affect 20,000 children, it claimed.

Alison Garnham, CPAG chief executive, said: “We have served legal proceedings on the government to protect Britain from becoming a country where neighbourhoods that have been open to all families to live in for generations become more like a private members' club.

“Housing Benefit will no longer be the national scheme it is legally meant to be once cuts redesign it as an engine of social segregation. It is not right that families living in certain areas, especially larger families, are punished and pushed aside while parts of Britain become enclaves for the privileged.”

Garnham claimed that the proposals, which will come into force in April 2011, would lead to the “social cleansing” of parts of London, “with families being forced out of their homes and into less suitable, often poor quality and cramped housing”.

She added: “Children will be forced to move away from schools, friends, neighbourhoods and family. For some this may include moving away from another parent, most often their Dad.”

CPAG said that it was not bringing a legal challenge over other cuts to housing benefit, but claimed that these would still have an “unfair and detrimental” impact on low income families.

It did welcome one change as positive change – the inclusion of an additional bedroom within the size criteria used to assess Housing Benefit claims in the private rented sector where a disabled person, or someone with a long term health condition, has a proven need for overnight care and this is provided by a non-resident carer.

The proposed regime will come into force immediately for new claimants, while transitional protection measures will provide a certain level of protection for existing claimants in the short term.

Barristers Martin Westgate QC and Jamie Burton from Doughty Street Chambers are advising CPAG on the challenge. A hearing is expected to take place in June.