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Housing benefit challenge dismissed by High Court Housing benefit challenge dismissed by High Court
(35 minutes later)
Disabled families have lost a court challenge to social housing benefit cuts for residents with spare bedrooms in England, Wales and Scotland.Disabled families have lost a court challenge to social housing benefit cuts for residents with spare bedrooms in England, Wales and Scotland.
Ten families brought a judicial review over the lower payments for people in homes deemed too large.Ten families brought a judicial review over the lower payments for people in homes deemed too large.
But the High Court has ruled that the change, which was introduced in April, did not breach their human rights.But the High Court has ruled that the change, which was introduced in April, did not breach their human rights.
The government is "incredibly pleased" by the decision, the BBC understands, although the families plan to appeal. One family member described the ruling as an "absolute travesty of justice", and said they would appeal against it.
Richard Stein, of law firm Leigh Day which is representing some of the families, said his clients were "bitterly disappointed with today's decision, but they are not defeated". Charlotte Carmichael, who has spina bifida and sleeps in a hospital bed which, she argues, her husband and full-time carer cannot share, told the BBC that she felt obliged to pursue the case.
'Incomprehensible'
Jason, her husband, added: "This is our way of life we're defending. We'll keep appealing and take it all the way we can."
Richard Stein, of law firm Leigh Day which is representing two of the families, said his clients were "bitterly disappointed with today's decision, but they are not defeated".
He added: "We, along with the other lawyers acting on behalf of adults with disabilities, will appeal this judgment and we remain confident that the discrimination which was recognised by the court and which has been perpetrated against our clients by this legislation is not justified and is unlawful."He added: "We, along with the other lawyers acting on behalf of adults with disabilities, will appeal this judgment and we remain confident that the discrimination which was recognised by the court and which has been perpetrated against our clients by this legislation is not justified and is unlawful."
'Benchmark' Rebekah Carrier, a solicitor with law firm Hopkin Murray Beskine, said the government's position was "incomprehensible".
BBC chief political correspondent Norman Smith said the decision was a "huge relief" for the government. But BBC chief political correspondent Norman Smith said the verdict was a "huge relief" for the government.
A statement from the Department for Work and Pensions (DWP) said: "We are pleased to learn that the court has found in our favour and agreed that we have fulfilled our equality duties to disabled people.A statement from the Department for Work and Pensions (DWP) said: "We are pleased to learn that the court has found in our favour and agreed that we have fulfilled our equality duties to disabled people.
"Reform of housing benefit in the social sector is essential, so the taxpayer does not pay for people's extra bedrooms.""Reform of housing benefit in the social sector is essential, so the taxpayer does not pay for people's extra bedrooms."
The government said it had already provided £150m to councils to make discretionary payments to vulnerable people hit by the changes, but also announced that it would bolster this fund by £35m. The government said it had already provided £150m to councils to make discretionary payments to those affected by its changes to welfare payments, but also announced that it would bolster the fund for those affected by housing benefit changes by £35m.
Our correspondent said sources had told him that the extra funding was not prompted by the court action.Our correspondent said sources had told him that the extra funding was not prompted by the court action.
This was a "benchmark policy" for ministers, both in terms of cutting spending and changing "attitudes towards housing benefit", he added.This was a "benchmark policy" for ministers, both in terms of cutting spending and changing "attitudes towards housing benefit", he added.
The families, all disabled or the parents of disabled children, had challenged the changes during a three-day hearing in May.
Their lawyers argued the benefit cut violated the Human Rights Act and Equality Act.
But a spokesman for the Department for Work and Pensions (DWP) said at the time that the move would bring back fairness to the housing benefit system and pointed out there were "two million households on the social housing waiting list and over a quarter of a million tenants... living in overcrowded homes".
About 660,000 working-age social housing households judged to have too many bedrooms have lost an average of £14 per week since their benefit was cut at the beginning of April.About 660,000 working-age social housing households judged to have too many bedrooms have lost an average of £14 per week since their benefit was cut at the beginning of April.
The DWP estimated that 420,000 disabled people would be among those affected.The DWP estimated that 420,000 disabled people would be among those affected.
The families, which include either disabled adults or children, had challenged the changes during a three-day hearing in May.
Their lawyers argued the benefit cut hit disabled people disproportionately hard and was therefore discriminatory.
'Devastating'
They also argued that the £25m set aside in the local authority discretionary fund for disabled people affected by the benefit cuts was insufficient.
Mr Stein explained: "The government's attempts to pass the buck to local authorities to deal with the unfairness and discrimination of the bedroom tax using discretionary housing payments is not acceptable.
"The amount of money provided by the government for these payments is nowhere near adequate to prevent large numbers of disabled people losing their homes."
Housing charity Shelter's chief executive Campbell Robb said: "This ruling is devastating news for disabled adults and families with disabled or vulnerable children, who'll be put at real risk of homelessness for having a bedroom they just can't do without.
"Shelter gave extensive evidence to the court based on our experience of how families like these are being affected, which showed that the government's current provision to support people in exceptional cases is inadequate.
"As a result of today's ruling, we're really concerned that these families will now face a real struggle to meet their rent and may end up losing their home."
A DWP spokesman has previously said that the move would bring back fairness to the housing benefit system and pointed out there were "two million households on the social housing waiting list and over a quarter of a million tenants... living in overcrowded homes".