Fighting for fairness: Battle for backdated bereavement support reaches European Court of Human Rights

February 2025

In 2017, at the age of 46, Andrew Byles was left to raise his two teenage children alone after the death of their mother, Julie. She had been diagnosed with cancer a decade earlier, and her death had left the family not only in deep grief but also in financial hardship. For the last four months of her life, they had relied on Julie’s Disability Living Allowance and Carer’s Allowance to make ends meet. When she died, that vital support was gone.

Andrew turned to Citizens Advice (CAB) for help. However, his claim for bereavement benefits was denied because he and Julie were not legally married at the time of her death. Despite sharing a life and raising a family together, Andrew was excluded from the financial support that married couples in his situation would have received.

Determined to challenge this injustice, Andrew, with the support of CAB, took his case to the Upper Tribunal. The judge ruled that he had indeed been discriminated against and this was bolstered by a landmark Supreme Court judgment in favour of Siobhan McLaughlin on 30 August 2018. 

It took until February 2023 for the law to change, allowing Andrew and hundreds of other cohabiting parents, including many WAY members, to make backdated claims for both Widowed Parent’s Allowance and the newer Bereavement Support Payment. However, payments were only able to be backdated from 30 August 2018 – the date of the Supreme Court judgment – which means bereaved parents like Andrew have potentially lost out on thousands of pounds.

Seeking further justice, CAB connected Andrew with Leigh Day solicitors, who believed the case was strong enough to take to the European Court of Human Rights (ECHR). Together with Jyotee Gunnooa, whose partner was killed in a road traffic collision in 2016, the application was submitted to the ECHR in October 2024. Andrew and Jyotee are now waiting to find out whether the court will admit their claim, a process that could take several months.

The case has gained national attention, featuring in The Guardian and the  Express. Andrew has also been interviewed for BBC Radio 4. But for him, this fight is not about the money, it’s about the principle. His children were denied the support they needed at a time when they were most vulnerable, he argues, simply because their parents weren’t married. 

“I have continued this fight not for the money but purely for the injustice shown to families like ours – especially my children who went without so much back then purely because their mum and I weren’t married!” said Andrew. “Sadly, many of the members of WAY Widowed and Young will know how that feels. Supporting your children through one of the toughest times of their lives, trying to get up and face every day alone with the added stress of no money. This is for all of them too.”

Jyotee added: “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.” 

Sarah Crowe, human rights solicitor at Leigh Day, added: 
 
“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.”