Last updated: December 14, 2018test case
The substantive challenge to the two child policy is now being appealed to the Court of Appeal. The hearing took place on 19 and 20 December 2018. Judgment is currently awaited.
On 18 August 2017, CPAG issued a claim for judicial review in the High Court against the Secretary of State for Work and Pensions (SSWP) to challenge the two child limit, introduced by the Welfare Reform and Work Act 2016. Permission was granted on 17 October 2017 and the case was heard across two days on 6 and 7 February 2018. Judgment was given on 20 April 2018 allowing the challenge in part. The Court accepted CPAG's arguments that the ordering restriction on the kinship care exception was perverse and therefore unlawful. The wider challenge to the policy as a whole was dismissed. CPAG is appealing this aspect of the case to the Court of Appeal. Meanwhile, in November 2018, the DWP/HMRC brought in amending legislation to remove the ordering restriction from both the kinship care and adopted children exceptions . Read the judgment and our statement about the judgment.