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Posts by Tom Royston
The Strasbourg court has found NO VIOLATION of the Convention in the benefits cap challenge:
hudoc.echr.coe.int?i=001-249132
That sent me straight off to bailii to search ‘Paul Daniels’
Council admits discrimination after DWP ‘migration’ left disabled couple with £1,500 tax bill
#DWP #CouncilTax #UniversalCredit
@dis-ppl-protest.bsky.social
www.disabilitynewsservice.com/council-admi...
In a judicial review claim brought against Three Rivers District Council by two of its residents, the High Court on Monday declared that the local authority’s scheme for calculating low income residents’ council tax liability unlawfully discriminated against them.
gcnchambers.co.uk/three-rivers...
Disabled Somerset resident granted permission to challenge council tax reduction scheme in High Court
@leigh-day.bsky.social
www.rightsnet.org.uk/now/post/69654
Screenshot of a powerpoint slide, from a talk Alice and Charlotte gave on this exact subject, at the NAWRA conference in December 2025, hosted by the Welfare Benefit Unit, York. Slide shows a powerpoint stock image of a cake, and the EU Rights and Brexit Hub logo. The title is 'Extreme Cakeism'. and the text reads: * So, the EUSS is: constitutive for purposes of exclusion and immigration control * Declaratory for purposes of enabling discrimination* Scheme that gives some certainty to authorities* Scheme that gives NO certainty to individuals while misleading them! * New article in the Journal of Immigration, Asylum and Nationality Law all about this mess: “Side-stepping international law on the sly: The secret severing of the EU Settlement Scheme from the Withdrawal Agreement”
New Year Pop Quiz: Which of the 6 million + people with EU Settlement Scheme status has documentary confirmation that they are residing on the basis of the Withdrawal Agreement?
Astonishingly, the UK government's position appears to be: none of them. But wasn’t that the whole point of the EUSS?
The Supreme Court has allowed DWP's appeal in Jwanczuk. As well as addressing ECHR discrimination issues, it gives guidance on how courts in one part of the UK should approach judgments from courts in other parts on legislation of common application caselaw.nationalarchives.gov.uk/uksc/2025/42
Our next conference will be in the beautiful city of York on Fri 5th December. Hosted by the Welfare Benefits Unit. Free for members only. nawra.org.uk/join
In AP v SSWP [2025] UKUT 330 (AAC) UT comments on common practice of DWP decision makers in Universal Credit of stating a claimant is not entitled to seek mandatory reconsideration of a decision because it is "policy" (typically that happens when challenge involves interpretation of a rule) (1 of 5)
The Upper Tribunal has clarified jurisdiction of the First-tier Tribunal in cases involving late applications for revision & appeals following “any time” grounds in TR and GD v SSWP [2025] UKUT 332 (AAC). Paul Skinner was involved in the case.
More: ow.ly/JgBf50XjzLa
In the Upper Tribunal next week, GCN's @tomroyston.bsky.social is representing ex-England football captain David Watson in his legal fight for Alzheimer's and CTE to be recognised as industrial diseases.
www.leighday.co.uk/news/news/20...
Garden Court North's @tomroyston.bsky.social represented the two women, who earlier today won their High Court judicial review against Trafford Council's unlawful and discriminatory tax reduction scheme, which left them and many other residents with massive bills.
gcnchambers.co.uk/trafford-cou...
The two claimants LL and AU have done a service to many others in their position by persisting in hard fought litigation - and great job in a complex case by all team at @leigh-day.bsky.social
(This also appears to be first case from a senior court holding s.19A EA 2010 breached.)
Trafford will have to revisit all 2025 council tax reduction decisions. Other councils will need to consider how they approach scheme creation. All public authorities will need to consider the lessons on the pitfalls of introducing automated decision making
Scheme was attempting to facilitate more automatic decision making, but effect was council didn’t understand sufficiently how it worked, and may have let 'tail wag dog' – fitting scheme to computer rather than other way round.
- Ultra vires because the full council didn’t vote on it – scheme adoption unlawfully delegated
- Irrational and discriminatory because its rules double-counted some income, particularly disability related income
- Breached PSED because council didn’t understand or evaluate disability impact
The decision is R (LL and AU) v Trafford Council [2025] EWHC 2380 (Admin) (19 September 2025). Read it here: files.gcnchambers.co.uk/wp-content/u...
Judgment header of R (LL and AU) v Trafford Council [2025] EWHC 2380 (Admin) (19 September 2025)
Really important High Court decision today, quashing a local authority’s council tax reduction scheme. The judgment contains many lessons about these schemes. Trafford's scheme was ultra vires, irrational, and unlawfully discriminatory, and breached the PSED @rightsnet.org.uk @nawra.bsky.social
I once worked in a CAB which had a bath upstairs. But we escaped tough questions from the media about it.
The Court of Appeal gave permission to appeal in this case on 15 September 2025. Full hearing probably later this year/early next.
For the latest news and ideas from the front line in social welfare law, Garden Court North Chambers is now on Bluesky @gcnchambers.bsky.social - follow now, while stocks last!
@cpaguk.bsky.social @rightsnet.org.uk @nawra.bsky.social
Judgment here: www.judiciary.uk/wp-content/u...
High Court today dismisses judicial review challenge to operation of the 'rape clause' in the two child limit. Exempting non-consensually conceived children if they are born third or later, but not if they are born first or second, is lawful. Claimants seeking permission to appeal.
The AAC hear appeals against decisions of the Disclosure and Barring Service, eg to stop people from working as care workers. If you look for cases where the DBS is respondent you will see there are quite a lot www.gov.uk/administrati...
They are all subject matter descriptors (in social security cases, you see suffixes like ‘PIP’ or ‘UC’ which are both probably self explanatory to you). I *think* the two you ask about will be ‘Health and Social Care’ and ‘Vetting’
Proposed disability benefit changes would decrease number of people exempted from benefit cap. End of two child limit, if it happens (+any annual benefit rate increases) would increase number affected by benefit cap. In combination, could make benefit cap a *lot* more significant in years to come