Tom Royston
@tomroyston.bsky.social
320 followers 210 following 37 posts
Social security law and its neighbours. Barrister at Garden Court North Chambers https://gcnchambers.co.uk/barrister/tom-royston/
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Reposted by Tom Royston
tomroyston.bsky.social
The two claimants LL and AU have done a service to many others in their position by persisting in hard fought litigation - and great job in a complex case by all team at @leigh-day.bsky.social
tomroyston.bsky.social
(This also appears to be first case from a senior court holding s.19A EA 2010 breached.)
tomroyston.bsky.social
Trafford will have to revisit all 2025 council tax reduction decisions. Other councils will need to consider how they approach scheme creation. All public authorities will need to consider the lessons on the pitfalls of introducing automated decision making
tomroyston.bsky.social
Scheme was attempting to facilitate more automatic decision making, but effect was council didn’t understand sufficiently how it worked, and may have let 'tail wag dog' – fitting scheme to computer rather than other way round.
tomroyston.bsky.social
- Ultra vires because the full council didn’t vote on it – scheme adoption unlawfully delegated

- Irrational and discriminatory because its rules double-counted some income, particularly disability related income

- Breached PSED because council didn’t understand or evaluate disability impact
tomroyston.bsky.social
The decision is R (LL and AU) v Trafford Council [2025] EWHC 2380 (Admin) (19 September 2025). Read it here: files.gcnchambers.co.uk/wp-content/u...
files.gcnchambers.co.uk
tomroyston.bsky.social
Really important High Court decision today, quashing a local authority’s council tax reduction scheme. The judgment contains many lessons about these schemes. Trafford's scheme was ultra vires, irrational, and unlawfully discriminatory, and breached the PSED @rightsnet.org.uk @nawra.bsky.social
Judgment header of R (LL and AU) v Trafford Council [2025] EWHC 2380 (Admin) (19 September 2025)
tomroyston.bsky.social
I once worked in a CAB which had a bath upstairs. But we escaped tough questions from the media about it.
tomroyston.bsky.social
The Court of Appeal gave permission to appeal in this case on 15 September 2025. Full hearing probably later this year/early next.
tomroyston.bsky.social
High Court today dismisses judicial review challenge to operation of the 'rape clause' in the two child limit. Exempting non-consensually conceived children if they are born third or later, but not if they are born first or second, is lawful. Claimants seeking permission to appeal.
tomroyston.bsky.social
For the latest news and ideas from the front line in social welfare law, Garden Court North Chambers is now on Bluesky @gcnchambers.bsky.social - follow now, while stocks last!
tomroyston.bsky.social
High Court today dismisses judicial review challenge to operation of the 'rape clause' in the two child limit. Exempting non-consensually conceived children if they are born third or later, but not if they are born first or second, is lawful. Claimants seeking permission to appeal.
tomroyston.bsky.social
The AAC hear appeals against decisions of the Disclosure and Barring Service, eg to stop people from working as care workers. If you look for cases where the DBS is respondent you will see there are quite a lot www.gov.uk/administrati...
Administrative appeals tribunal decisions
Find decisions on appeals to the Upper Tribunal (Administrative Appeals Chamber), including social security and child support appeals.
www.gov.uk
tomroyston.bsky.social
They are all subject matter descriptors (in social security cases, you see suffixes like ‘PIP’ or ‘UC’ which are both probably self explanatory to you). I *think* the two you ask about will be ‘Health and Social Care’ and ‘Vetting’
tomroyston.bsky.social
Proposed disability benefit changes would decrease number of people exempted from benefit cap. End of two child limit, if it happens (+any annual benefit rate increases) would increase number affected by benefit cap. In combination, could make benefit cap a *lot* more significant in years to come
Reposted by Tom Royston
the3million.bsky.social
We're in the Court of Appeal today - defending EU citizens' rights to live with dignity.
👩🏾‍⚖️ This case is about achieving equal welfare access for people with pre-settled status - with no unfair barriers.

www.crowdjustice.com/case/eu-citi...
Help us defend EU citizens’ rights to live with dignity
the3million is the largest grassroots organisation for EU citizens in the UK, formed after the 2016 referendum to protect the rights of people who have made the UK their home.
www.crowdjustice.com
Reposted by Tom Royston
awelsh.bsky.social
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🧵on key arguments... (1/10)
The author holding a copy of the book
Reposted by Tom Royston
tomroyston.bsky.social
The 0.5m difference between those figures presumably represents DWP's guesses about (i) behavioural change, and (ii) background trends. The expectations about behavioural change must therefore be enormous: DWP expect the background trend to be growth not contraction. @rightsnet.org.uk
tomroyston.bsky.social
So 1.34m current claimants would not meet the proposed new requirement. But DWP's projection of the real world impact is in contrast only 0.8m: Impact Assessment, Table A4: assets.publishing.service.gov.uk/media/67e667...
assets.publishing.service.gov.uk
tomroyston.bsky.social
DWP's wording is unhelpful, but I think actually the stats being provided re the 'all' and the 'any' FOIs are the same: if you sum 13% of 1.6m (standard DL) and 87% of 1.3m (enhanced DL) you get an overall 46% of the 2.9m total DL awards excluded.