Siobhan McLaughlin Case Study
Articles
Article 14: Non- discrimination*
Article 8: right to private and family life*
Summary
Siobhan McLaughlin used Article 8 in conjunction with Article 14 to successfully challenge her exclusion from Widowed Parent’s Allowance as an unmarried parent following the death of her partner.
Details
In 2014, following the death of her partner John, Siobhan McLaughlin made an application for the Widowed Parent’s Allowance, to assist her in the care of their four children. Siobhan’s application was refused on the grounds that the couple, who had lived together for twenty-three years, were not married or in a civil partnership at the time of John’s death.
Under Section 39A Social Security Contributions and Benefits (Northern Ireland) Act 1992, a widowed parent can only claim the allowance if he or she was married, or in a civil partnership, with the deceased. Had they been married; John’s national insurance contributions record would have conferred eligibility to Siobhan as a surviving wife or civil partner.
Siobhan applied for judicial review of this decision, on the grounds that her exclusion was incompatible with her convention rights for respect for private and family life and freedom from discrimination. The High Court agreed that this piece of legislation was incompatible with Article 14 when read with Article 8. Following an appeal on this decision by the Department of Communities, Ms McLaughlin made a further appeal to the Supreme Court.
Outcome
In 2018, the UK Supreme Court declared that s39A was indeed incompatible with Article 14 of the ECHR, when read in conjunction with Article 8 as it was Siobhan’s children that had been unlawfully discriminated against. The judgment explained that parents are under the same financial obligations with regards to the upkeep of their children whether they are married, or cohabitating. Further, there is no sound justification to exclude Ms McLaughlin from the benefit, when its sole purpose is to alleviate the financial burdens that result from the death of a parent (paras 69-72).
Fortunately, Siobhan was able to rely on her Convention rights to challenge this piece of legislation. In January 2023 MPs voted for the Bereavement Benefits (Remedial) Order 2022 to extend bereavement benefits to unmarried parents following the death of a partner. This will impact an estimated 1,800 families a year and will also retrospectively make payments to an estimated 21,000 families who have been denied since the UK Supreme Court judgement in 2018. There can be no doubt that the Convention rights, contained within the Human Rights Act 1998 will continue to assist other bereaved parents and partners who are at odds with discriminatory law.
*Article 14 of the Convention: Non-discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
*Article 8: Right to private and family life*
1.Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.