Housing Systems: Combating poverty and sustaining tenancies.

Child Element: Two Child Limit - Supreme Court Challenge

CPAG (Child Poverty Action Group) have been challenging various aspects of the Two Child Limit Regulations, taking the matter all the way to the Supreme Court.

CPAG has contended that the Two Child Limit unlawfully discriminates against a number of different groups including, but not limited to: children, children with multiple siblings, large families and those with a religious or moral objection to the use of birth control. Further, they content that the principal policy justification for the limit is logically flawed. They believe that it is a policy which encroaches upon very personal and intimate decisions about family size and planning and treats some children as less deserving of a benefit intended to meet their basic needs purely because of their birth order.

This would appear to cover any family affected by the Two Child Limit although the two families involved in the appeal are lone parents.

The Court of Appeal ruled that the Two Child Limit does not contravene Human Rights (specifically Articles 8, 12 and 14 of the European Convention on Human Rights - judgement here

Child Poverty Action Group appealed to the Supreme Court, 

Unfortunately on 9th July 2021 the Supreme Court unanimously ruled that two-child limit is not incompatible with rights under Articles 8, 12 or 14 of the European Convention on Human Rights.  SC, CB and 8 children, R. (on the application of) v Secretary of State for Work and Pensions & Ors [2021] UKSC 26.

Complaints have been filed with the European Court of Human Rights - see here.

Previous case - kinship carers.

In SC and Ors v SSWP [2019] EWCA Civ 615 - the Judge decided that the way the Two Child Limit worked for kinship carers was unfair (with the result that the government subsequently changed the rules); but that, as a whole, the limit was not unlawful.

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