test case

  • Saint Prix v DWP: pregnancy and right to reside

    Last updated: June 25, 2014
    test case

    Jessy Saint Prix v Department for Work and Pensions C-507/12.

    The issue in this case is whether a French national who became temporarily unable to work due to pregnancy and childbirth and had no continuing employment rights retained her status as a 'worker' in EU law and therefore her right of residence in the UK when she claimed income support on grounds of pregnancy.  

  • What hope has the Court of Appeal left for human rights?

    Issue 239 (April 2014)
    article

    On 21 February 2014 the Court of Appeal dismissed human rights challenges to the benefit cap1 and the bedroom tax.2 Mike Spencer considers the implications for human rights arguments in social security cases.

    • 1. R(SG and others) (previously JS and others) v SSWP [2014] EWCA Civ 156 (21 February 2014).
    • 2. R(MA and others) v SSWP [2014] EWCA Civ 13 (21 February 2014).
  • Judicial Review: proposals for reform - CPAG's response to the Ministry of Justice consultation

    January 2013
    briefing

    In January 2013, the Ministry of Justice conducted a consultation excerise on its proposals for reform of judicial review. Judicial review is a critical check on the power of the state, providing an effective mechanism for challenging the decisions of public bodies to ensure that they are lawful.

    CPAG believes that the proposals in the consultation will damage access to justice and the rule of law, while there is no evidence that they will achieve the government’s aims of reducing the burden on public services or removing the unnecessary obstacles to economic recovery.

  • Bedroom tax “saints” take fight to the Court of Appeal

    July 21, 2015
    press release

    Two grandparents and their severely disabled grandson hit by the bedroom tax won the right today to take their case to the Court of Appeal. The Court ruled that the Rutherford family, who appeared on the BBC documentary Saints and Scroungers, should have their appeal heard before the end of the year.

    Read more
  • Benefit cap breaches children’s rights, says Supreme Court

    March 18, 2015
    press release

    Supreme Court judges have criticised the Government’s benefit cap for breaching international law on the rights of children. However, the Court declined to overturn the controversial policy, leaving the issue to be settled “in the political, rather than the legal arena”.

    Read more
  • Council's tax policy ruled unlawful for penalising the poor

    July 30, 2014
    press release

    Child Poverty Action Group has won a legal test case for three vulnerable women who were charged a higher rate of council tax because they only recently moved into the area. The High Court struck down Sandwell Council's policy of refusing a council tax reduction to anyone who had not lived in the area for at least two years.

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  • CPAG responds to Ministry of Justice consultation on judicial review

    25 January 2013
    news

    CPAG believes that the government's proposals to limit judicial review will damage access to justice and the rule of law. Read our submission.

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  • Disability and discrimination: the Court of Appeal upholds the rights of disabled people

    Issue 228 (June 2012)
    article

    This article is an update on ‘Disability and discrimination: a case for special treatment' in Bulletin 226. That article discussed the arguments put forward in the case of Burnip v Secretary of State for Work and Pensions. In this article we consider the Court of Appeal’s decision in Burnip and the joined cases of Trengove and Gorry.

  • Government loses disability benefit case in Appeal Court

    May 15, 2012
    press release

    In a unanimous ruling, the Court of Appeal has held that the size criteria in the housing benefit regulations discriminate against disabled people, because they do not allow for an additional room to be paid for where a disabled person has a carer, or where two children cannot share a room because of disability.

    In his judgment, Mr Justice Henderson concludes:

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  • Looking for families affected by the benefit cap

    9 August 2016
    news

    This autumn the benefit cap will be cut, squeezing low-income families even further and pushing more people into poverty. We are looking for test cases to legally challenge the benefit cap.

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