
Bereaved partners seeking justice at European Court of Human Rights over bereavement benefits discrimination
Two bereaved families have launched legal challenge at the European Court of Human Rights (ECHR), after they were denied financial support due to discriminatory UK laws.
Posted on 05 February 2025
Jyotee Gunnooa and Andrew Byles hope to challenge what lawyers have described as “outdated” rules relating to Widowed Parents’ Allowance (WPA).
Now replaced with Bereavement Support Payment, WPA was previously available to parents with children after the death of their spouse or civil partner.
While a 2018 Supreme Court ruling declared the restriction discriminatory, and subsequent legislative changes extended eligibility to unmarried, cohabiting parents, the changes only applied to claims made after August 2018.
Jyotee’s partner died in 2016, leaving her to raise their three-year-old son as a single parent. Despite living together for 12 years, Jyotee was denied WPA because she and her partner were not married.
The law changes allowed her to claim some backdated payments, but excluded the period between October 2016 and August 2018, leaving her family £16,000 out of pocket, say her lawyers at law firm Leigh Day.
Jyotee is joined in her legal fight by Andrew, who lost out on £14,000 after his partner’s death in 2017 following a cancer diagnosis 10 years earlier – again, because they were not married.
The pair aim to highlight the harm caused by the arbitrary cut-off date for eligibility for the allowance and to secure equal treatment for all bereaved children and their surviving parents.
Jyotee and Andrew have instructed human rights lawyers Tessa Gregory and Sarah Crowe at Leigh Day to make applications to the ECHR in relation to their cases.
Jyotee said:
“My son has been a victim of discrimination simply because his parents weren’t married. This money would have helped us navigate the financial challenges after my partner’s death. Instead, I’ve faced years of stress trying to make ends meet, all while grieving and raising my son, who has special needs. We cannot let this unfairness continue.”
Andrew said:
“By the time of my partner’s death, my family’s financial position had become very difficult. I had to return to work almost immediately, but was only able to get part-time work, as I needed to be free for school runs and also to be around to support my children through that very hard time. I had to take on debt so that I could continue providing for my family, which was very stressful.
“Every penny counts in this fight for justice, not just for my family, but for thousands of others who have been let down by the system. With financial help, we can ensure no bereaved child is left behind because of an outdated, unfair law.”
Sarah Crowe, human rights solicitor at Leigh Day, said:
“The current system unjustly penalises bereaved families at their most vulnerable, simply because of arbitrary distinctions such as marital status or the date of a partner’s death. This is not only deeply unfair but also discriminatory. The law must recognise the reality of modern families and ensure that all bereaved children and their surviving parents are treated equally. Jyotee and Andrew’s courageous fight is a step toward achieving justice for thousands who have been denied the support they deserve.”
Jyotee and Andrew are crowdfunding their case and have recently launched a campaign aimed at raising £15,000 to fund their legal battle.
Counsel is Adam Heppinstall KC and Jack Castle of Henderson Chambers.