Latest news with #KaronMonaghan
BBC News
5 days ago
- Politics
- BBC News
Mothers in legal contest over two-child benefit cap 'rape clause'
Two women who had children when they were in violent and controlling relationships are claiming they were unfairly denied child mothers, identified only as LMN and EFG, launched a challenge to the universal credit two-child cap at Leeds Administrative Court on Tuesday and the so-called "rape clause".The exception allows for financial support for a child conceived non-consensually if that child is the third or subsequent child, but does not apply to further children if a mother's first two children were conceived after Monaghan KC, representing the women, said the rule was "irrational" and breached the women's right not to be discriminated against. She told the court that both women were young and vulnerable when they began relationships in their teens and first became explained that they were subjected to regular violence and coercion, with one describing how she was choked to unconsciousness and raped multiple times. 'Anomaly in the rules' Ms Monaghan explained how LMN had older children in care and two living with her, but then one of the older children returned to her then had three children living in her home, but she was refused an exception to the two-child limit under these "ordering provisions" relating to non-consensual Monaghan said EFG had two children who were conceived non-consensually and then another from a consensual was initially paid the child element of universal credit for this third child, but this was later rescinded, after a fourth child was Monaghan told the judge, Mrs Justice Collins Rice, the state had an obligation under Article 3, which prohibits torture and inhuman or degrading treatment or punishment, to ensure that "women are not penalised" and "they have the resources to support themselves".The barrister said that, if this anomaly in the rules was rectified, "we are talking about a drop in an ocean", in the face of a £300 billion-plus national benefits of the women, whose representation is being provided by Child Poverty Action Group (CPAG), were in court on Tuesday. Galina Ward KC, for the Department for Work and Pensions (DWP), told the court that the exceptions to the two-child cap, which also include circumstances around kinship care and multiple births, were intended to "kick-in" when women are not able to make a choice about having a said this case was "fundamentally different" to one which was the subject of a 2018 High Court ruling that similar exception rules relating to children in kinship care arrangements were said the DWP also did not accept that women who have non-consensually conceived children and then choose to have another child "are making a fundamentally different choice" to women whose children are consensually case continues on. Listen to highlights from South Yorkshire on BBC Sounds, catch up with the latest episode of Look North
The Guardian
5 days ago
- The Guardian
UK mothers with children from abusive relationships discriminated against by benefits system, court told
Two mothers who conceived children while in physically abusive relationships have been discriminated against after being denied access to benefits, a court has been told. The women launched a challenge against the universal credit system after being denied an exception to the two-child cap. The cap typically has exceptions, one of which is the 'rape clause', which means that a child conceived through sexual assault will still be entitled to it. On Tuesday, however, Leeds administrative court was told that this rule only applies to third or subsequent children, meaning that some woman are unable to claim an exception if their first two children were conceived non-consensually. Karon Monaghan KC, representing the women, who can only be identified as LMN and EFG, said the pair had conceived their children when they were in their teens and vulnerable. Monaghan said that both women were regularly subjected to violence and coercion during their respective relationships, with one saying that she was choked until she lost consciousness and raped multiple times. The court was told that LMN had older children who were in care, as well as two children who lived with her. When one of her older children returned home, however, she was refused an exception to the two-child limit that she thought she had been entitled to. The other woman, EFG, had two children who were the conceived through rape and a third who was conceived through a consensual relationship. The court heard that EFG was initially paid for her third child, but that the payments were rescinded once her fourth child was born, with the Department for Work and Pensions telling her she could only claim for two children, not four, due to the 'ordering provisions'. Monaghan told the judge, Mrs Justice Collins Rice, that these ordering provisions are irrational and breach the women's right not to be discriminated against under article 14 of the European convention on human rights. She also told the court that the government had an obligation under article 3 of the convention, which prohibits torture and inhuman or degrading treatment or punishment, to ensure that 'women are not penalised' and 'they have the resources to support themselves'. 'It must ensure it doesn't take away benefits because the two children are the product of non-consensual sex', Monaghan said, while also claiming that the money these women could receive is only 'a drop in an ocean' of the £300bn-plus national benefits budget. The hearing, which neither woman attended in person, is due to continue tomorrow.
Sky News
05-06-2025
- Business
- Sky News
Equalities watchdog writes to GMB union over sexual harassment claims
The Equality and Human Rights Commission (EHRC) has formally written to the GMB union asking for information on how it's complying with the Equality Act following allegations of sexual harassment, victimisation and sex discrimination, Sky News understands. Former staffers and members of the union had launched an official complaint to the equalities watchdog earlier this year over claims of institutional sexism and bullying, but this is the first time it has deemed them serious enough to start inquiries. It's the first step in a possible investigation by the equalities watchdog into activity at the union over systemic sexism, and GMB has just under a month to respond. GMB has said it categorically denies claims of a culture of bullying or sexism within the union. "GMB has been contacted by the EHRC with a request for information," said a statement. "This is a procedural matter and not an investigation. "We look forward to responding properly and professionally to their request." 'Institutionally sexist' In the original complaint, which Sky News has seen, a number of women allege there is a "pattern of victimisation and harassment against women who speak out" about wrongdoing inside the Labour-backed union. They argue it could be a breach of GMB's duties under the Equality Act. GMB is one of the biggest unions in the UK, but has been struggling with its reputation for years. Four years ago, a damning report written by Karon Monaghan KC branded the union "institutionally sexist" and, a number of women who complained to the EHRC insist the union hasn't changed. GMB represents about 630,000 workers in the UK and is one of the Labour Party's major funders. Sir Keir Starmer gave the keynote speech at the GMB conference a year before the last general election and numerous cabinet ministers, including the prime minister, are members. This weekend, the union, which prides itself on fighting for people in their own workplaces, will once again meet for its annual conference in Brighton - but this time with looming questions over how fairly it treats its own.
