Disabled woman’s welfare benefits inadequate to avoid a breach of her Article 3 ECHR rights

01.08.16 | |


R (GS) v. Camden BC [2016] EWHC 1762


The High Court has declared the London Borough of Camden’s refusal to provide accommodation to a disabled woman a breach of Article 3.  GS is not entitled to means tested social security but receives a Personal Independence Payment (‘PIP’), a benefit designed to meet the additional living costs caused by significant disabilities.  The Council maintained that GS could meet her essential living needs from her weekly PIP payment and therefore it did not have to provide her with services.  GS, by her litigation friend the Official Solicitor, argued that she could not afford accommodation and that the Council had a duty to provide it in order to avoid a breach of ECHR rights.  The court agreed with GS.  It found as a question of fact that she could not afford accommodation and, having regard to her disabilities, a failure to provide accommodation gave rise to an imminent breach of Article 3.  The Court rejected the Claimant’s argument that a duty arose under the Care Act 2014 but accepted that a power existed under s.1 Localism Act 2011 and that power was converted into a duty by virtue of s.6 Human Rights Act 1998.  The Claimant was represented by Julie Cornes of Simpson Millar and Jamie Burton of Doughty Street Chambers.


Read the full judgement.

« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)