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Child Element: Two Child Limit - Supreme Court Challenge

CPAG (Child Poverty Action Group) have been challenging various aspects of the Two Child Limit Regulations.

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.

CPAG have been granted permission to appeal to the Supreme Court against the Court of Appeal's decision. If they win, the government will need to change the rules again (or revoke them altogether). 

Generally, in such cases the change only affects other cases from the date of the decision/date rules are changed - unless they are 'lookalike' cases which have already appealed and that appeal been 'stayed' awaiting the outcome of the lead case.

CPAG is contending 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).


What should families affected by the two child Limit do?

So families affected by the Two Child Limit could request an appeal now (after having a failed MR) and ask that their case be 'stayed' awaiting the outcome of the Supreme Court. They could then find, if the Judge agrees that the Two Child Limit is unlawful, or unlawful in a situation similar to theirs, that their award is changed from the date they requested the MR.

For a standard letter to request a MR and start this process - click here.






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