Judges criticise benefit cap but reject bid to overturn the policy

The criticism came in a Supreme Court divided judgment in the case of two single mothers who were victims of domestic violence and said the cap was in breach of the European Convention on Human Rights.  

Although the appeal by the two women to overturn the policy was dismissed by a majority of three to two, three of the judges were concerned it was in contravention of the UN Convention on the Rights of the Child requirement for governments to prioritise the interests of children.

Lady Hale, one of the three judges with such concerns, said: “It cannot possibly be in the best interests of the children affected by the cap to deprive them of the means to provide them with adequate food, clothing, warmth and housing, the basic necessities of life.”

Another with concerns about the cap’s effect on children is Lord Carnworth, but he ruled out overturning the policy, saying: “It is in the political, rather than the legal arena, that the consequences of that must be played out.”

Child Poverty Action Group (CPAG), which had supported the two women’s case, urged the government to take note of the judges' comments around its effect on children.

CPAG chief executive Alison Garnham said: “The women and children involved in this case were escaping horrific abuse. We hope the government will listen to the court and comply with international law on the protection of children.”

The benefit cap was introduced two years ago and limits the benefits of out-of-work families to £500, regardless of family size and local rent costs.

One of the women involved in the case, who cannot be named for legal reasons, has six children and left her husband who had been abusing her and her eldest daughter. She and her children now live in a two-bedroom flat in London. She has also struggled to find work due to her care responsibilities for her children and the family live off just £80 a week after rent as a result of the cap, says CPAG.

Work and Pensions Secretary Iain Duncan Smith said: “I am delighted that the country’s highest court has agreed with this government and overwhelming public opinion that the benefit cap is right and fair. I am proud to say that it is one of the most significant reforms we’ve implemented over the past five years.
 
“A key part of the long-term economic plan, the benefit cap is encouraging people to change their behaviour and motivating them to find work.”

A Department for Work and Pensions statement adds that since the benefit cap was introduced an estimated £225m has been saved and 16,000 households who had their benefits capped have moved into work or stopped claiming housing benefit altogether.

Responding to the ruling, Anna Feuchtwang chief executive of the National Children’s Bureau said: "The Supreme Court has recognised that for some families, the benefit cap undermines the rights of children, and stops the UK from meeting its commitment under the United Nations Convention on the Rights of the Child to place the concerns of children first.

"By limiting benefits to £500 regardless of the number of children in a family, or how much their rent is, the government has made it virtually impossible for a significant number of the most vulnerable families to feed and clothe their children, or heat their homes.

"In 2016 the UN will assess the UK government on its children’s rights record. This ruling shows us that the government is not paying sufficient regard to international law or prioritising the best interests of children in the UK."