High Court allows tenants' bedroom tax challenge

The two tenants, represented by law firm Leigh Day, argue that the bedroom tax is discriminatory as it will have a disproportionate impact on disabled people. Under the bedroom tax, which comes into effect on Monday, social housing tenants deemed to have a spare room will have their benefit reduced.

The tenants have been given permission to launch a judicial review against the policy. The challenge will be heard in early May.

Ugo Hayter, of Leigh Day, who is representing a number of disabled clients challenging the legislation, said: ‘This is an excellent result and the first step in over ruling what we believe is an unfair piece of legislation which has a disproportionate negative consequences on disabled people and is therefore discriminatory.

‘We urge the government to think again and not to punish the most vulnerable for what are negligible savings, the court has ordered an urgent hearing at the beginning of May, we hope that this will mean that the terrible anxiety our clients and many others are currently facing will be shortlived.’

Jacqueline Carmichael is one of the tenants represented. Ms Carmichael is severely disabled with spina bifida and is cared for by her husband who lives in their two-bedroom home. Leigh & Day said that Mrs Carmichael’s condition means she has to sleep on an electronic pressure mattress in a fixed position.

Lawyers will argue that Mr Carmichael is therefore unable to sleep in the bed with her and needs a separate room. Another tenant represented, Mr Rourke, is a disabled widower and shares a three-bedroom property with his stepdaughter who has muscular dystrophy. Lawyers will argue that the third room is a small ‘box room’ used to store equipment and is not a bedroom.

The government argues that the bedroom tax will encourage people to downsize and free up larger social homes.