Today the Supreme Court upheld the earlier Court of Appeal ruling that the policy unjustifiably discriminates against children with disabilities.

The Rutherfords, who are disabled themselves, care for their severely disabled grandson Warren in a specially-adapted three-bedroom bungalow in Pembrokeshire. They need a third bedroom for Warren’s carers to stay in overnight. However, whilst Housing Benefit regulations allow adults to have an extra bedroom for a carer, this provision does not extend to children.

Jo Raine, Advice Service Manager at Grandparents Plus said:

“We are delighted to hear that grandparent carers Paul and Sue Rutherford have won their case in the Supreme Court. A disproportionate number of kinship carers are raising children with disabilities, and this case demonstrates the negative impact that such policies can have on these carers. Many kinship carers are already suffering financial hardship. This policy served to compound these difficulties for those caring for the most vulnerable children.”