Rutherford and others v Secretary of State for Work and Pensions; R (on the application of A) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) [2016] EWCA Civ 29, [2016] All ER (D) 208 (Jan)
The Court of Appeal held that reg B13 of the amended Housing Benefit Regulations 2006 (SI 2006/213), unlawfully discriminated, without an objective and reasonable justification, against female victims of domestic violence living in specially adapted accommodation under the “Sanctuary Scheme” and against disabled children living in specially adapted accommodation who required overnight respite care, contrary to art 14 of the European Convention on Human Rights. The submissions that there had been a breach of the public sector equality duty under s 149 of the Equality Act 2010 were dismissed.
