GW v Dumfries and Galloway Council & Anor

GW v Dumfries and Galloway Council & Anor

The appeal was dismissed because the difference in treatment complained of was not based on the appellant's status as a disabled person but on his choice not to claim a specified disability benefit. There was no discrimination under Article 14 ECHR as the requirement to claim and receive a specified benefit is not a personal characteristic. Even if justification were required, the statutory scheme has an objective and reasonable justification, as it provides a clear, administrable rule for identifying those with severe disabilities, and DHPs are available for others.

Parties
Appellant: GW; First Respondent: Dumfries and Galloway Council; Second Respondent: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
16 October 2025
Procedural Posture
Appeal / Upper Tribunal Determination on Appeal From First Tier Tribunal
Outcome
Appeal dismissed
Legal Topics
Housing Benefit, Disability Discrimination, Article 14 ECHR, Bedroom Tax, Discretionary Housing Payments
Social Security Law Human Rights Law Housing Benefit Disability Discrimination Article 14 ECHR Bedroom Tax Discretionary Housing Payments

Case Brief

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Parties

GW

Appellant

Dumfries and Galloway Council

First Respondent

Secretary of State for Work and Pensions

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Determination on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the Housing Benefit Regulations 2006 unlawfully discriminate against the appellant under Article 14 ECHR by requiring receipt of a specified disability benefit to qualify for a second bedroom
  2. 2 Whether the First-tier Tribunal materially erred in law in upholding the statutory test
  3. 3 Whether the requirement to claim a specified benefit constitutes discrimination based on disability or other status

Ratio Decidendi

The appeal was dismissed because the difference in treatment complained of was not based on the appellant's status as a disabled person but on his choice not to claim a specified disability benefit. There was no discrimination under Article 14 ECHR as the requirement to claim and receive a specified benefit is not a personal characteristic. Even if justification were required, the statutory scheme has an objective and reasonable justification, as it provides a clear, administrable rule for identifying those with severe disabilities, and DHPs are available for others.

Court Disposition

Appeal dismissed

Orders

  • The decision of the First-tier Tribunal made on 15 August 2023 under case number SC942/19/00469 is upheld.
  • No material error of law found in the First-tier Tribunal's decision.