Three single mothers who challenged the lawfulness of the benefit cap have have their attempt rejected at the High Court.

The challenge was bought by three single mothers, two of whom had become reliant on benefits after fleeing violent relationships. It was argued that capping benefits could force women to stay with abusive partners.

Lawyers acting on behalf of the three families argued that the cap discriminates unlawfully against children and women but two High Court judges yesterday dismissed the claim.

Described as a ‘cruel and arbitary’ policy that could trap vulnerable women in violent relationships by the claimants lawyers, they also said it would reduce capped household income to a level that would make it impossible for parents to provide adequate food, clothing and other essentials for their children.

The benefit cap, which rolled out fully in August, imposes a £500-a-week benefit limit for family households and £350-per-week for single person households.

The High Court judges said that while some may see the cap as ‘too parsimonious’, it would not be right to interfere with government policy.

Lord Justice Elias said: ‘No doubt many consider these exceptions [to the cap] to be too limited, and the cap to be too parsimonious.

‘But that is ultimately a policy issue, and… we do not think it can be said that the scheme is so manifestly unfair or disproportionate as to justify an interference by the courts.’

Rebekah Carrier, the solicitor acting on behalf of the families, said she intends to appeal.

Justice Elias accepted the arguments put forward by the government that benefit recipients ‘have to be forced if necessary to take difficult decisions’.

These included potentially moving outside London, which he said ‘was not a desirable outcome in many cases, but many people in work have to take similar unpalatable steps to secure sufficient family income’.

A spokesman for the Department for Work and Pensions said: ‘We are very pleased that the court has ruled that the benefit cap complies with the European Convention on Human Rights.

‘The benefit cap sets a fair limit to what people can expect to get from the welfare system – so that claimants cannot receive more than £500-a-week, the average household earnings.’