A Fife man who won a landmark ruling against the so-called bedroom tax has said that he may have to take his fight to the European Court of Human Rights.
David Nelson, of Glenrothes, has told The Courier he will continue his campaign against the Spare Room Subsidy after revealing that the Department for Work and Pensions has been allowed to appeal a decision that ruled a spare room in his home as too small to be classed as a bedroom.
Mr Nelson moved to the forefront of a national campaign against the legislation when the ruling was made by a top QC at a tribunal in October.
However, he says he always expected the Government to challenge the outcome after QC Simon Collins stated that room size and usage should be taken into account when determining what constitutes a bedroom.
He told The Courier: “I’ve been told at tribunal that they have allowed the DWP to go ahead with their appeal. I’m not surprised as I always thought that would happen. I’m going to fight it again but I’m quite happy about it.
“The original judgment was that the room is too small to be considered a bedroom. If the DWP win then I will appeal that again.
“I will take it to Europe if I have to.”
Mr Nelson, 57, successfully argued that his spare room, measured at 66 square feet, was a boxroom and therefore exempt from the Spare Room Subsidy the first in Britain to do so on such grounds.
Although he expected a challenge from the DWP, Mr Nelson says he is confident he will once again be victorious, although he has looked at European human rights legislation.
“I’ve looked at some of it but I think I’ll still win it here I’m quite optimistic,” he said. “I’ve told them that there is no way that I’m moving. There is no way that they will move me from my home.”