Burnip v Birmingham City Council & Anor

Burnip v Birmingham City Council & Anor

The statutory housing benefit criteria, by failing to provide for the objectively greater housing needs of severely disabled persons, amount to unlawful discrimination under Article 14 ECHR. The Secretary of State failed to establish objective and reasonable justification for this discrimination. Discretionary housing payments are not an adequate or reliable remedy. The appeals are allowed and a declaration to that effect is made.

Parties
Appellant: Ian Burnip; Respondent: Birmingham City Council; Respondent: Secretary of State for Work and Pensions; Appellant: Rebecca Trengove (as personal representative of the estate of Lucy Trengove); Respondent: Walsall Metropolitan Council; Appellant: Richard Gorry; Respondent: Wiltshire Council; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
15 May 2012
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (administrative Appeals Chamber) to Court of Appeal
Outcome
Appeals allowed
Legal Topics
Disability Discrimination, Article 14 ECHR, Housing Benefit, Indirect Discrimination, Justification of Discriminatory Treatment
Constitutional Law Human Rights Law Social Security Law Disability Discrimination Article 14 ECHR Housing Benefit Indirect Discrimination Justification of Discriminatory Treatment

Case Brief

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Parties

Ian Burnip

Appellant

Birmingham City Council

Respondent

Secretary of State for Work and Pensions

Respondent

Rebecca Trengove (as personal representative of the estate of Lucy Trengove)

Appellant

Walsall Metropolitan Council

Respondent

Richard Gorry

Appellant

Wiltshire Council

Respondent

Equality and Human Rights Commission

Intervener

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (administrative Appeals Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether the statutory criteria for housing benefit unlawfully discriminate against severely disabled persons contrary to Article 14 ECHR
  2. 2 Whether any such discrimination is objectively and reasonably justified

Ratio Decidendi

The statutory housing benefit criteria, by failing to provide for the objectively greater housing needs of severely disabled persons, amount to unlawful discrimination under Article 14 ECHR. The Secretary of State failed to establish objective and reasonable justification for this discrimination. Discretionary housing payments are not an adequate or reliable remedy. The appeals are allowed and a declaration to that effect is made.

Court Disposition

Appeals allowed

Orders

  • Declaration that the statutory criteria unlawfully discriminated against the appellants contrary to Article 14 ECHR
  • No further relief granted; rectification left to the Secretary of State