Bereaved partners seek justice in court

Jyotee Gunnooa and Andrew Byles are challenging what lawyers have criticised as outdated restrictions on Widowed Parents’ Allowance (WPA), which was replaced by Bereavement Support Payment. WPA was previously granted to parents with children following the death of their spouse or civil partner.

A Supreme Court ruling in 2018 declared the previous restriction discriminatory, leading to legislative changes allowing unmarried, cohabiting parents to claim the benefit. However, these changes only applied to claims made after August 2018, leaving many families without support.

Jyotee’s partner passed away in 2016, leaving her to raise their three-year-old son alone. Despite living together for 12 years, she was denied WPA due to not being married. Though she later received some backdated payments, she was excluded from claiming for the period between October 2016 and August 2018, resulting in a financial shortfall of £16,000 according to her lawyers at Leigh Day.

Andrew faced similar difficulties after his partner died in 2017 following a decade-long cancer battle. He was left without WPA because they were not married, losing out on £14,000. Both Jyotee and Andrew are highlighting the harm caused by the arbitrary eligibility cut-off and are seeking equal treatment for bereaved children and their surviving parents.

Jyotee and Andrew have enlisted human rights lawyers Tessa Gregory and Sarah Crowe at Leigh Day to present their cases to the ECHR. Jyotee said her son has suffered from discrimination because his parents were unmarried. She said this money would have eased financial struggles after her partner’s death but instead, she endured years of stress while grieving and raising her child with special needs.

Andrew described how his family’s financial position became difficult following his partner’s death. He said he had to return to work almost immediately but could only find part-time work to support his children. He said he took on debt to provide for his family, making an already difficult time even more stressful. He believes every penny counts in the fight for justice, not only for his family but for thousands of others affected by what he calls an unfair system.

Sarah Crowe, a human rights solicitor at Leigh Day, said the current system unjustly penalises bereaved families at their most vulnerable based on arbitrary factors like marital status or the timing of a partner’s death. She said the law must reflect modern families and ensure equal treatment for all bereaved children and surviving parents. She said Jyotee and Andrew’s case is an important step towards justice for thousands denied the support they deserve.

Jyotee and Andrew have launched a crowdfunding campaign to raise £15,000 to support their legal fight. Their counsel is Adam Heppinstall KC and Jack Castle of Henderson Chambers.