A, R (On the Application Of) v The Secretary of State for Work And Pensions

A, R (On the Application Of) v The Secretary of State for Work And Pensions

The Defendant's adoption of a locally administered scheme of discretionary payments (DHPs) to address the impact of the Housing Benefit (Amendment) Regulations 2012 on victims of domestic violence in Sanctuary Schemes is not irrational or manifestly without reasonable foundation. The Secretary of State had due regard to gender as a protected characteristic under the Public Sector Equality Duty. The system does not carry an unacceptable risk of Article 8 breaches.

Parties
Claimant: A; Defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Housing Benefit, Sanctuary Schemes, Discretionary Housing Payments, Public Sector Equality Duty, Article 14 ECHR, Article 8 ECHR, Indirect Discrimination, Gender Discrimination
Administrative Law Human Rights Law Equality Law Social Security Law Housing Benefit Sanctuary Schemes Discretionary Housing Payments Public Sector Equality Duty +4 more

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Parties

A

Claimant

Secretary of State for Work and Pensions

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Housing Benefit (Amendment) Regulations 2012 discriminate against victims of domestic violence, predominantly women, contrary to Article 14 ECHR and the Equality Act 2010
  2. 2 Whether the Secretary of State failed to comply with the Public Sector Equality Duty under section 149 of the Equality Act 2010
  3. 3 Whether the combination of the regulations and DHPs creates an unacceptable risk of Article 8 ECHR breaches

Ratio Decidendi

The Defendant's adoption of a locally administered scheme of discretionary payments (DHPs) to address the impact of the Housing Benefit (Amendment) Regulations 2012 on victims of domestic violence in Sanctuary Schemes is not irrational or manifestly without reasonable foundation. The Secretary of State had due regard to gender as a protected characteristic under the Public Sector Equality Duty. The system does not carry an unacceptable risk of Article 8 breaches.

Court Disposition

Application refused