Judge dismisses review of benefits for disabled toddlers

In July, the supreme civil court of Scotland, the Court of Session, ruled that the Department for Work and Pensions might be breaching European human rights law by not paying mobility benefit to under-threes.

But judge Lord Brodie rejected the claim yesterday, ruling against parents Stephen and Mandy Weeks whose son Justin has a rare genetic disorder that leaves him dependent on oxygen and unable to work.

Srabani Sen, chief executive of Contact a Family, said: "We strongly believe the current rules barring disabled children under three from claiming mobility benefits is unfair. Around 7,000 of the most vulnerable disabled children in the UK are affected by this rule.

"Some children need to travel with bulky and life-saving equipment. It is not down to their age that they have mobility difficulties. And yet their families have to struggle without the mobility benefit for three years before it can be paid."

The Meeks began their legal challenge in 2005 when Justin was a baby. They had to take him to hospital 150 times during his first year, paying £500 a month for the use of a disabled taxi service.