In announcing his Budget, George Osborne said “tough but fair” action on debt was needed The government will be forced to defend its Budget in the High Court later, against claims it broke equalities law.
The Fawcett Society is seeking a judicial review, arguing that ministers failed to consider the impact of tax and welfare changes on women.
The women’s rights group says £5.8bn of the £8bn savings outlined in June’s Budget would come from women – and its case is being supported by Labour.
The Treasury said it took its equality obligations “very seriously”.
Judges will consider the Fawcett Society’s oral application for a judicial review of Chancellor George Osborne’s Budget, an earlier written application having been turned down.
It will seek to argue the Budget measures – which included caps on housing benefit, a freeze on child benefit and a rise in VAT – were unfair, as the Treasury failed in its legal duty to consider whether women would be affected disproportionately.
As lawyers from both sides make their arguments, the Fawcett Society is expected to say the cuts will hit women far harder than men, as women account for 65% of all public sector employment and were more likely to be affected by pay freezes and job losses.
Campaigners say ministers are legally obliged to carry out an equality impact assessment before taking policy decisions and, where this reveals a risk of discrimination, to take urgent action.
It is not clear whether there will be a ruling during the day’s proceedings. If a decision is taken that there should be a judicial review, this is unlikely to begin until early next year.
“We await the court’s decision on the Fawcett Society’s renewed application,” the Treasury said.
Ministers have insisted the measures in the Budget and October’s Spending Review – which outlined plans for £81bn in budget cuts over the next four years – are “tough but fair” and that all sections of society and income groups must contribute to dealing with the £150bn deficit.
They have pointed to measures, such as the increase in the child element of the child tax credit by £150 above inflation from next April, as evidence of support for families in difficult times.
But speaking in August, when the Fawcett Society launched its legal action, shadow cabinet minister Yvette Cooper said the government’s plans were “peppered with policies that hit women hardest”.
The Equalities and Human Rights Commission is carrying out a separate assessment of whether the Spending Review adversely affected women, ethnic minorities and the disabled.
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