SC & Ors v Secretary of State for Work And Pensions & Ors[2018] EWHC 864 (Admin) (20 April 2018)

SC & Ors v Secretary of State for Work And Pensions & Ors[2018] EWHC 864 (Admin) (20 April 2018)

The two child limit in child tax credit and universal credit does not breach Articles 8 or 12 ECHR directly, nor does it amount to unjustified discrimination under Article 14 when read with Articles 8, 9, 12, or A1P1. The policy pursues legitimate aims, is proportionate, and falls within Parliament's margin of appreciation. The exceptions regime, including the sequencing for non-parental caring arrangements, is not irrational or ultra vires.

Citation
[2018] EWHC 864 (Admin)
Parties
Claimants: SC, CB, CC & CD and 11 children; First Defendant: Secretary of State for Work and Pensions; Second Defendant: The Lord Commissioners of Her Majesty's Treasury; Third Defendant: The Commissioners for Her Majesty's Revenue and Customs; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
20 April 2018
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Child Tax Credit, Universal Credit, Welfare Reform, Two Child Limit, Article 8 ECHR, Article 12 ECHR, Article 14 ECHR, Discrimination, Proportionality, Ultra Vires, Regulatory Exceptions
Public Law Social Security Law Human Rights Law Child Tax Credit Universal Credit Welfare Reform Two Child Limit Article 8 ECHR +6 more

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Parties

SC, CB, CC & CD and 11 children

Claimants

Secretary of State for Work and Pensions

First Defendant

The Lord Commissioners of Her Majesty's Treasury

Second Defendant

The Commissioners for Her Majesty's Revenue and Customs

Third Defendant

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the two child limit in child tax credit and universal credit breaches Article 8 (right to private and family life) and Article 12 (right to marry and found a family) of the ECHR.
  2. 2 Whether the two child limit breaches Article 14 (non-discrimination) when taken with Articles 8, 9, 12, and Article 1 of Protocol 1 (A1P1) of the ECHR.
  3. 3 Whether the regulations regarding exceptions to the two child limit, specifically for non-parental caring arrangements, are irrational and ultra vires.

Ratio Decidendi

The two child limit in child tax credit and universal credit does not breach Articles 8 or 12 ECHR directly, nor does it amount to unjustified discrimination under Article 14 when read with Articles 8, 9, 12, or A1P1. The policy pursues legitimate aims, is proportionate, and falls within Parliament's margin of appreciation. The exceptions regime, including the sequencing for non-parental caring arrangements, is not irrational or ultra vires.

Court Disposition

Claim dismissed

Orders

  • No declaration of incompatibility under s4 Human Rights Act 1998 is made.
  • No order that the regulations or any part are ultra vires.