Disabled toddlers could benefit from court ruling

The supreme civil court of Scotland, the Court of Session, ruled that the Department of Work and Pensions (DWP) might be breaching European human rights laws by not paying mobility benefits to under-threes.

The ruling came in a case brought by the parents of a boy who has a rare genetic disorder, known as Prader-Willi syndrome, which makes him dependent on oxygen and unable to walk.

Stephen and Wendy Meeks argued that the DWP had contravened their son Justin's human rights by refusing to pay mobility benefits because of his age.

Following the ruling, which could force the DWP to review its current position of non-payment of mobility benefits to under-threes, Stephen Meek said: "We're ecstatic and also very proud Justin's action may change the lives of thousands of disabled children and their families."

There are around 10,000 families in the United Kingdom that could be affected by the DWP's mobility benefits policy for under-threes. If they were able to claim for high rate mobility Disability Living Allowance they would receive £45 a week to help with transport costs.

Srabani Sen, chief executive of Contact A Family and a board member of campaign group Every Disabled Child Matters, said: "We do hear from families who find it incredibly difficult to get out and about with their young child.

"Some disabled children need to travel with bulky equipment. Others need to be close to a car because their condition requires medical attention at short notice.

"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."