Grand Chamber of ECtHR confirms that UK’s Bedroom Tax discriminates against victims of domestic violence
The Grand Chamber of the European Court of Human Rights (ECtHR) has refused the UK government leave to appeal a judgment of the Chamber that found the so-called ‘Bedroom Tax’ discriminated against the applicant because of her gender.
In October 2019, the Court considered the case of A, a woman living in a Sanctuary Scheme home. This is a house that is specifically adapted for women and children at risk of domestic violence so they can live safely. A was a victim of rape, assault, harassment and stalking by her former partner and was living in a house that was specifically modified by the police to include a panic room and other extensive security measures.
The Government reduced A’s housing benefit by 14% for under-occupation of social housing: she was living in a three-bedroom house, but she and her son only occupied two rooms. The other room was taken up with extra security measures. Thus, she was only entitled to receive housing benefit for a two-bedroom house.
When the case went to Strasbourg, the ECtHR ruled that the Bedroom Tax unlawfully discriminated against vulnerable victims of domestic violence. The Court said that A was particularly affected by the policy as her circumstances were completely different to other recipients of housing benefit, because of her gender. The aim of the Bedroom Tax was to encourage people to leave their homes for smaller ones, while the objective of the Sanctuary Scheme is to provide specialised accommodation for vulnerable victims of domestic violence. In the Court’s view, the aim of the policy conflicted with the aim of the Sanctuary Scheme.
As the government did not provide “weighty” reasons as a justification for the discrimination, the Court held that the government’s policy was unlawful and awarded A €10,000 because of the distress caused.
In January 2020, the UK government appealed the decision to the Grand Chamber. This application was refused and so the judgment has now become final.
Click here for the decision in A v the UK.