PROCEDURE

The case originated in an application (no. 63478/00) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Mr Barry Williams (“the applicant”) on 5 September 2000.

The applicant was represented before the Court by Pierce Glynn Solicitors, London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office, London.

By a partial decision of 15 January 2002 the Court decided to communicate this application, and to join it to other applications (nos. 58370/00, 60274/00, 60940/00, 61019/00, 61394/00, 61398/00, 61781/00, 62966/00, 63471/00, 63476/00, 63481/00, 63507/00).

On 6 May 2003, after obtaining the parties' observations, the Court declared this application admissible in so far as the complaint concerned Widowed Mother's Allowance as from the date of the applicant's second claim and declared the remainder of the application inadmissible.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1957 and lives in Wirral.

His wife died on 6 December 1996, leaving three children born in 1986, 1989 and 1990. His second claim for widows' benefits was made on 23 May 2000 and was rejected on 1 June 2000 on the ground that he was not entitled to widows' benefits because he was not a woman. On 26 July 2000 and 23 August 2000 the Benefits Agency confirmed the applicant's lack of appeal rights. The applicant did not appeal further as he considered or was advised that such a remedy would be bound to fail since no such social security benefits were payable to widowers under United Kingdom law.