In a recent legal development, two bereaved families have taken their case to the European Court of Human Rights (ECtHR), accusing the UK government of discrimination in its bereavement support policy. Legal representatives from the law firm Leigh Day argue that the policy discriminates against unmarried, cohabiting partners and their children by imposing an “arbitrary” cut-off date for eligibility for the Bereavement Support Payment (BSP).
The applicants, Jyotee Gunnooa and Andrew Byles, were both denied the Widowed Parents’ Allowance (WPA) under the previous rules, which mandated marriage prior to a partner’s death. Although the BSP now permits claims from cohabiting partners and allows some backdated compensation, it excludes those who suffered loss between October 2016 and August 2018. Gunnooa and Byles reported financial hardships, suffering losses of £16,000 and £14,000, respectively, due to this period being ineligible for compensation.
The case traces back to a landmark 2018 decision by the UK Supreme Court in the Siobhan McLaughlin Judicial Review case. The court ruled the WPA’s eligibility criteria, which restricted claims to legal spouses or civil partners, violated Article 14 of the European Convention on Human Rights. This decision led to the transition from WPA to BSP, broadening eligibility to include unmarried parents, but leaving a critical gap period unaccounted for.
Sarah Crowe, the families’ human rights lawyer, emphasized the inequity inherent in the current system, highlighting that it penalizes families during vulnerable times solely due to distinctions such as marital status or the timing of a partner’s death. She advocates for reform, asserting that the law must evolve to recognize the dynamics of modern family structures and ensure equitable treatment for all bereaved children and surviving parents.
The families’ challenge at the ECtHR not only seeks redress for their individual cases but also aspires to prompt systemic change benefiting countless others affected by what they argue is an outdated legal framework.