Court of Appeal gives mothers permission to appeal High Court decision on two-child limit ‘rape clause’
17 September 2025
The legal challenge was brought by two women, represented by Garden Court North’s Tom Royston, in the Court of Appeal (pictured) in London. Credit: Lazy Llama / Shutterstock.
Two mothers have been granted permission to appeal against a High Court decision on the rules on an exception to the ‘two-child limit’ in universal credit, following a Court of Appeal ruling on Monday (15 September 2025).
In July, the High Court rejected the mothers’ legal challenge to the rules of the so-called ‘rape clause’, which leaves victims of abusive relationships who conceive two or more children non-consensually unable to claim universal credit.
The two mothers, identified as ‘LMN’ and ‘EFG’ to protect their identity, were represented by Garden Court North’s Tom Royston. He was instructed by Claire Hall from Child Poverty Action Group (CPAG), and led by Karon Monaghan KC.
“Retraumatising hoops”
LMN and EFG each conceived two or more children non-consensually while in abusive relationships that started when they were teenagers. One of the mothers later had two more children consensually in a long-term relationship, while the other struggled to manage on universal credit support for only two of three children living with her after an older child was returned to her from local authority care.
The mothers were not able to rely on the non-consensual conception exception to the two-child limit because under the current rules this exception is only applied for third or subsequent children. LMN and EFG argue that the rules on this exception to the two-child limit breach their rights under the European Convention on Human Rights (ECHR) and are irrational.
In the Court of Appeal on Monday, Lord Justice Lewis gave the go-ahead for an appeal against the High Court decision and said the appeal ”… raises important issues of principle concerning the regulations …”. The full hearing for the appeal is expected later this year, or early in 2026.
Responding to the Court of Appeal’s decision to grant permission to appeal, EFG said: “The government has the chance to do the right thing on the two-child limit but this latest decision gives me hope that the court will recognise that the rules are unfair. I’m going to keep going until there is a result that brings justice for families like mine.”
LMN said: “I’ve been waiting so long already but I want to take it as far as I can. It’s against the kids’ human rights. They’ve missed out and not had the chance to do stuff and I’ve had to live with debt hanging over me on top of everything else. I’m still dealing with everything that happened to me and with my anxiety and depression and PTSD it’s hard to get a job.”
CPAG solicitor Claire Hall said: “For as long as the two-child limit is in place there will be women who manage to survive rape and domestic abuse only to be forced to jump through retraumatising hoops to try to get support they need for their children, whether or not they ultimately secure it. We welcome the Court of Appeal’s decision to allow these mothers to take their case further. Their experiences should bring home the need for Government to remove the two-child limit entirely in its forthcoming child poverty strategy.”
New research by CPAG shows that one million children in working families are affected by the two-child limit on benefits. The Government’s child poverty strategy was expected in Spring 2025, but was delayed and slated for imminent publication in Autumn.
Additional media
Court of Appeal – Order made by the Rt. Hon. Lord Justice Lewis
The Independent – One million children in working families to be hit by ‘devastating’ two-child benefit cap
Garden Court North – High Court rejects legal challenge against the rules of two-child benefit cap in universal credit
For further information, please contact Alex Blair, Communications Manager at Garden Court North Chambers: ablair@gcnchambers.co.uk
