Summary
For Article 14, other status means a personal characteristic, but the concept is not unlimited. Relevant considerations include analogy with specified grounds, legal status, choice and whether the distinction is unacceptable having regard to the Convention’s underlying values. Being without accommodation, especially by choice, is not such a status. The property ground concerns ownership or possession of property; lack of accommodation is not itself a property status. Even if Article 14 applied, differential treatment in a social-security scheme would be lawful where rationally justified. Courts allow the state a wide area of judgment in allocating finite resources and will not substitute their own view of social policy.
Factual background
RJM received income support and a disability premium because of incapacity for work. The Secretary of State stopped the premium for a period during which RJM was homeless and therefore fell within paragraph 6 of Schedule 7 to the Income Support (General) Regulations 1987.
The Administrative Court dismissed RJM’s judicial review claim on 13 July 2006. He appealed, contending that the exclusion breached Article 14 of the Convention read with Article 1 of Protocol 1. The Secretary of State conceded that the claim fell within the ambit of Article 1 of Protocol 1. The central issues were whether being without accommodation constituted an other status or property status, and whether the differential treatment was justified.
Held
- Appeal dismissed. Sir Anthony Clarke MR gave the leading judgment, with Carnwath and Maurice Kay LJJ agreeing. The Secretary of State’s concession was accepted: for the purposes of the claim, income support, including disability premium, was a possession within Article 1 of Protocol 1. This was accepted despite the earlier domestic approach in Campbell and Carson and Reynolds.
- Article 14’s reference to other status means a personal characteristic. The protected grounds are not unlimited. Analogy with the specified grounds and whether the distinction is unacceptable having regard to the Convention’s underlying values are relevant considerations. A chosen status can qualify, but choice makes inclusion less likely. The approach was consistent with R (S), Esfandiari, Carson and Reynolds, Hooper and Clift.
- Being without accommodation was not a personal characteristic or an Article 14 status. The status was not analogous to the specified grounds, was not a legal status, and was substantially a matter of choice. Francis was distinguishable because it concerned a continuing legal and family relationship. The alternative argument based on property also failed: Chassagnou concerned discrimination based on ownership of land, whereas lack of accommodation was not a property status.
- Alternatively, if Article 14 applied, the distinction was justified. This was a social and economic policy choice involving finite resources and a non-sensitive status. The Secretary of State was entitled to a wide area of judgment and to conclude that targeted support and other programmes were more effective than paying disability premium to disabled people without accommodation. The courts were not entitled to substitute their own policy view.
The court’s approach to earlier authorities
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Appellate history
- Court of Appeal (Civil Division): in [2007] EWCA Civ 614 , dismissed the appeal.
- Administrative Court, Queen’s Bench Division: on 13 July 2006, Mr James Goudie QC, sitting as a Deputy High Court Judge, dismissed the judicial review claim.
Appeal route
- Appealed fromNot stated in the judgmentThis appealappeal dismissed
- This judgment [2007] EWCA Civ 614 Court of Appeal (Civil Division)
- Appealed to[2008] UKHL 63Outcomeappeal dismissed unanimously (5–0)
Key cases cited
16 authorities cited.
- R (on the application of Clift) (FC) v. Secretary of State for the Home Department (Respondents) Secretary of State for the Home Department (Respondent) v. Hindawi (FC) (Appellant) and another Secretary of State for the Home Department (Respondent) v. Hindawi and another (FC) (Appellant) (Conjoined Appeals) [2006] UKHL 54
- Kay and others and another (FC) (Appellants) v. London Borough of Lambeth and others (Respondents) and Leeds City Council (Respondents) v. Price and others and others (FC) (Appellants) [2006] UKHL 10
- Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Carson (Appellant) Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Reynolds (FC) (Appellant) [2005] UKHL 37
- Judgments - Regina v. Secretary of State for Work and Pensions (Appellant) ex parte Hooper and others (FC) (Respondents) Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper (Appellant) and others Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper and others (FC) (Appellants)(Conjoined Appeals) [2005] UKHL 29
- Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte LS (by his mother and litigation friend JB) (FC) (Appellant)Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte Marper (FC)(Appellant) Consolidated Appeals [2004] UKHL 39
- London Borough of Harrow (Appellants V. Qazi (FC) (Respondent) [2003] UKHL 43
- Esfandiari & Ors v Secretary of State for Work & Pensions [2006] EWCA Civ 282
- Francis v Secretary of State for Work and Pensions [2005] EWCA Civ 1303
- Campbell & Ors v South Northamptonshire District Council & Anor [2004] EWCA Civ 409
- Carson & Anor v Secretary of State for Work and Pensions [2003] EWCA Civ 797
- Von Maltzan v Germany (2006) 42 EHRR SE 11
- Stec v United Kingdom application nos 65731/01 and 65900/01, 6 July 2005
- Kopecky v Slovakia application no 44912/98
- R v DPP ex p Kebilene
- Chassagnou v France (1999) 29 EHRR 615
- Engel v The Netherlands (No 1) (1976) 1 EHRR 647
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Cases citing this case
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