HC, R (On the Application Of) v Secretary of State for Work and Pensions & Ors [2013] EWHC 3874 (Admin) (06 December 2013)

HC, R (On the Application Of) v Secretary of State for Work and Pensions & Ors [2013] EWHC 3874 (Admin) (06 December 2013)

The Amending Regulations do not unlawfully discriminate against the Claimant or her children under EU law or the ECHR. Zambrano rights are limited to residence and work to prevent EU citizen children from being compelled to leave the EU, and do not confer entitlement to social benefits. The Regulations are framed by reference to immigration status, not nationality, and any indirect discrimination is justified by the legitimate aim of protecting public resources and immigration control. The Charter and ECHR do not require the UK to provide social benefits to Zambrano carers, and the safety net under section 17 Children Act 1989 is sufficient.

Citation
[2013] EWHC 3874 (Admin)
Parties
Claimant: HC; First Defendant: Secretary of State for Work and Pensions; Second Defendant: Secretary of State for Communities and Local Government; Third Defendant: HM Revenue & Customs; Fourth Defendant / Interested Party: Oldham Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
06 December 2013
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Claim dismissed
Legal Topics
Discrimination, Welfare Benefits, EU Citizenship Rights, Children's Rights, Equality Act, Right to Reside, Social Assistance, Article 8 ECHR, Article 14 ECHR
Public Law European Union Law Human Rights Law Social Security Law Discrimination Welfare Benefits EU Citizenship Rights Children's Rights +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 35 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

HC

Claimant

Secretary of State for Work and Pensions

First Defendant

Secretary of State for Communities and Local Government

Second Defendant

HM Revenue & Customs

Third Defendant

Oldham Metropolitan Borough Council

Fourth Defendant / Interested Party

Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the Amending Regulations unlawfully discriminate against Zambrano carers and their EU national children under EU law and the ECHR
  2. 2 Whether the Regulations breach Articles 24 and 34 of the Charter of Fundamental Rights of the EU
  3. 3 Whether the Regulations breach the Public Sector Equality Duty under section 149 of the Equality Act 2010

Ratio Decidendi

The Amending Regulations do not unlawfully discriminate against the Claimant or her children under EU law or the ECHR. Zambrano rights are limited to residence and work to prevent EU citizen children from being compelled to leave the EU, and do not confer entitlement to social benefits. The Regulations are framed by reference to immigration status, not nationality, and any indirect discrimination is justified by the legitimate aim of protecting public resources and immigration control. The Charter and ECHR do not require the UK to provide social benefits to Zambrano carers, and the safety net under section 17 Children Act 1989 is sufficient.

Court Disposition

Claim dismissed