Government suffer defeat as three win Supreme Court rulings over ‘bedroom tax’

A spina bifida sufferer and a couple who look after a grandson with severe disabilities have won rulings at the UK’s highest court over the controversial so-called “bedroom tax”.

Supreme Court justices overturned a 2014 Court of Appeal decision which went against Jacqueline Carmichael, 44, who lives with her husband in a two-bedroom housing association flat in Southport, Merseyside.

In the case of Paul and Sue Rutherford, from Pembrokeshire, who care for teenage grandson Warren, the justices dismissed an appeal by the Government against a Court of Appeal ruling in their favour in January.

As well as Mrs Carmichael’s case, the justices had been asked to rule on appeals in four other individual cases relating to the 2014 decision.

On Wednesday, the justices dismissed the challenges in those other four cases relating to people who are either disabled or carers.

Mrs Carmichael (pictured) and the others complained that changes to housing benefit unlawfully discriminate against people with disabilities who have a need for an additional bedroom because of that disability.

The justices also allowed a Government appeal against January’s Court of Appeal ruling in the case of a single mother, referred to as A, who lives in a council house fitted with a secure panic room to protect her from a violent ex-partner.

The case of A concerned the effect of the regulations on women living in Sanctuary Schemes which have been specially adapted because of the risks to the women and children who live in them.

The case brought by the Rutherfords involves the impact on seriously disabled children who need overnight care.

In a written ruling, the justices said the merits of the so-called “bedroom tax” or “removal of the spare room subsidy” was not a matter for the court, “nor is there any challenge to the legality of the cap as it applies in general”.

Lord Toulson gave the lead judgment with the four other justices – Lord Neuberger, Lord Mance, Lord Sumption and Lord Hughes – all in agreement.

A Department for Work and Pensions (DWP) spokesman said later steps would be taken to comply with their ruling.

The spokesman said: “It is welcome that the court found in our favour in five out of the seven cases.

“The Court also agreed with our view that discretionary housing payments are generally an appropriate and lawful way to provide assistance to those who need extra help.

“In the two specific cases where the court did not find in our favour, we will take steps to ensure we comply with the judgement in due course.

“In most cases, local authorities are best-placed to understand the needs of their residents, which is why we will have given them over £1 billion by the end of this parliament for discretionary housing payments to ensure that people in difficult situations don’t lose out.”

Sophie Earnshaw from the legal team at Child Poverty Action Group, which acts for the Rutherfords, said the ruling “at last establishes that disabled children have the same rights to accommodation for care as disabled adults. It is a just result – any other outcome would have been nonsensical.”

Ms Earnshaw said: “In this case, disabled children were being treated worse than adults. For Paul and Susan Rutherford, the judgment lifts an enormous burden of uncertainty about their grandson’s future – an uncertainty they’ve had to live with since 2013 when the legal process started.”

By bringing their case “they have won much-needed rights for families who care for disabled children who need overnight care. We are all in their debt that they were prepared to stick with it to the end,” she said.

Paul Rutherford said: “We are happy and hugely relieved with today’s result.

“It has been an extremely stressful and long three years and we are glad that it is has come to a close.

“We never imagined this would happen to us – our priority has always been Warren’s happiness. We can now move on with our lives secure in the knowledge that we can continue to care for Warren at home.”

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