Need help with T1 or T2 tribunal decisions on bedroom tax

[2ltr16valve]

Hi all

 

Got an ongoing appeal with my local authority regarding bedroom tax. I am arguing that for my children to share would be breach of space standards as the rooms are too small. There's a thread on here somewhere.

 

What I need is any documented cases to support my case. From tribunal decisions so far. I keep getting lost looking. I've heard of a upper tier case that's near completion but can not find anything.

I've found lots of reference to cases from the fife law centre but need all the actual cases to read through to compare to mine.

 

Hope peeps with more knowledge of how to find the info can help.

 

Thanks in advance

[estellyn]

Second tier decisions set precedent, and as far as I'm aware there hasn't been any yet (happy to be corrected). Here are details of some First tier decisions (not quotable at Tribunal) to help you make your case.

 

 

http://speye.wordpress.com/category/uncategorized/

 

 

http://nearlylegal.co.uk/blog/2014/05/more-bedroom-tax-ftt-cases/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Nearlylegal+%28nearlylegal%29&utm_term=feed

 

 

http://nearlylegal.co.uk/blog/bedroom-tax-ftt-decisions/

[2ltr16valve]

Thank you so much. I intend to try and push to t2 and get rid of this once and for all on space standard that should apply to most

[estellyn]

Thank you so much. I intend to try and push to t2 and get rid of this once and for all on space standard that should apply to most

 

 

If you win a first tier you don't have the option to take it further - that only happens if the LA then appeal the decision.

[2ltr16valve]

I see a news article about the Dwp issuing a bulletin to all local authorities requesting that the Dwp be notified of all space standards appeals that are successful regarding bedroom tax as they will challenge them.

Which could be great news if it's also upheld at T2

[estellyn]

Yes, we do need some precedent setting decisions to get this issue sorted, but it seems very slow to get a case to Second Tier. Not sure if this is due to backlog, or whether on reviewing the first tier decision statement of reasons, the LA decide not to go ahead with the appeal.

[id6052]

I suspect that very few LAs will take cases to Upper Tribunal, as most would have very little (if any) interest, in overturning a FtT decision.

 

As of today, there are only 3 or 4 bedroom tax appeals waiting to be heard by Upper Tribunal, however I think these are mainly on the issue of additional bedroom requirements or HRA issues, rather than bedroom size.

[id6052]

You also need to factor in that out of the 573 bedroom tax appeals cleared by HMCTS in 2013, only 20 were successful.

[2ltr16valve]

Can anyone locate a statement of reasons for this case ?

 

http://nearlylegal.co.uk/blog/wp-content/uploads/2013/10/Lpool-Bedroom-tax-decision.pdf

 

SC068/13/10921 is the ref on it.

 

Council won't submit it as supporting evidence on my side as not got it with it

[estellyn]

It won't necessarily have a statement of reasons as the appeal was allowed, and if a sor was requested, it would have been by the local authority and not likely to be public.

 

First tier decisions can't be used as evidence in other first tier cases - you are best to chase down the regs quoted and use those in your appeal.

[2ltr16valve]

Got appeal hearing this week.

 

I'm basing it on fact the HB/CTB Circular A4/2012 states at point 63 to take in a lodger. Well I simply can't as the room is not large enough under space standards to let to an adult as its only suitable for 0.5 units. So I would be breaking the regulations, and so would my landlord (local council) by knowingly letting me rent the room out to an adult.

Also, I need to take a lot of medician and use a nebuliser every 4-6 hours so taking in a lodger would limit my use of my medicines to my bedroom as some of them are controlled drugs. So am adding in ECHR article 14 regarding the above. I know it's a long shot.

Lastly. Partner is expecting -due April next year. Relevant ?

Any other advise ? For the day.

[id6052]

There was an Upper Tribunal case heard last Thursday in Edinburgh. We are waiting for the decision to be published - it was about room size and usage

[id6052]

there has been a few recent upper tribunal decisions on bedroom tax that you might want to google to see if there is any thing relevant

 

CSH/777/2013

CSH/188/2014

CSH/372/2014

CSH/374/2014

CSH/589/2014

[2ltr16valve]

Cheers for those can't find anything that's similar tho

 

Need something that pins down room size. As my argument is space standard says floor space only big enough for 1/2 unit so how then can I let it out to an adult (as children can't rent)

[id6052]

the case heard last week in Edinburgh deals with size issue - but we dont know outcome yet

 

 

http://www.thecourier.co.uk/news/local/fife/high-hopes-after-bedroom-tax-tribunal-hearing-1.583609

[2ltr16valve]

the case heard last week in Edinburgh deals with size issue - but we dont know outcome yet

 

 

http://www.thecourier.co.uk/news/local/fife/high-hopes-after-bedroom-tax-tribunal-hearing-1.583609

 

Dynamite any reference for case to keep eye out ?

I got until Friday lol :/

[2ltr16valve]

the case heard last week in Edinburgh deals with size issue - but we dont know outcome yet

 

 

http://www.thecourier.co.uk/news/local/fife/high-hopes-after-bedroom-tax-tribunal-hearing-1.583609

 

Hi

 

Found the original case ref and decision notice.

I wonder if Dwp lose this and it sets president. That bedroom tax dead in the water ?