Social Welfare Updates

Our social welfare pages provide bite-sized updates on recent case-law and policy, written by Garden Court barristers specialising in adult social care, children’s services, Court of Protection (health and welfare), housing and homelessness, and welfare benefits.

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Latest Updates

Garden Court Chambers | Friday 1 July 2011

2011 06 Migrants

R (Nassery) v Brent LBC [2011] EWCA Civ 539 (Ward, Arden, Moore-Bick LJJ): the council had reached a rational conclusion that, whilst the claimant might require care and attention in the future on account of a deterioration in his fragile mental health, he did not have any current need for care and attention, for example […]

Garden Court Chambers | Friday 1 July 2011

2011 06 Equality

R (W) v Birmingham CC [2011] EWHC 1147 Admin (Walker J): the council’s decision to restrict eligibility for adult care services to critical needs only had been unlawful because (1) in breach of section 49A of the Disability Discrimination Act 1995, the material provided to decision makers contained no attempt to assess the likely adverse […]

Garden Court Chambers | Friday 1 July 2011

2011 06 Health Care

Malcolm Flasz & Ors (Claimants) v Havering PCT (Defendant) & Secretary of State for Health (Interested Party) : Karim Jan-Mohamed (Claimant) v Greenwich PCT (Defendant) & Secretary of State for Health (Interested Party) [2011] EWHC 1487 (Admin) (Nicol J) :In a challenge to agreements and arrangement under s 92 National Health Service Act 2006 the […]

Garden Court Chambers | Friday 1 July 2011

2011 06 Mental Health

Hadzic and Suljic v Bosnia and Herzegovina(Application No.: 00039446/06 : 00033849/08) European Court of Human Rights (N Bratza P): The European Court of Human Rights held that where the applicants in these two separate cases had been convicted of manslaughter but were made subject of a hospital order because of their diminished responsibility at the […]

Garden Court Chambers | Friday 1 July 2011

2011 06 Housing

Orlic v Croatia [2011] ECHR 974. Mr Orlic had rented a flat from the Croatian government and occupied it with his family. In 2000 a domestic court found that the tenancy had been wrongly granted to him, he had no right to remain, and a possession order was made. In 2004 he was evicted. He […]

Garden Court Chambers | Friday 1 July 2011

2011 06 International Law

R (HH) v City of Westminster Magistrates’ Court [2011] EWHC 1145 Admin (Laws LJ): whilst the best interests of children were a primary consideration in extradition cases, they could not generally override the public interest in effective extradition procedures. There had to be an “exceptionally compelling feature” giving rise to “the gravest effects of interference […]

Garden Court Chambers | Friday 1 July 2011

2011 06 Adult Care

R (Shoesmith) v Ofsted and others [2011] EWCA Civ 642 (Master of the Rolls, Maurice Kay and Stanley Burnton LJJ): a direction under section 497A(4B) of the Education Act 1996 appointing another person to Ms Shoesmith’s position as Director of Children's Services, and removing Ms Shoesmith, had been unlawful because of the lack of procedural […]

Garden Court Chambers | Friday 1 July 2011

2011 06 Children

R (HH) v City of Westminster Magistrates’ Court [2011] EWHC 1145 Admin (Laws LJ): whilst the best interests of children were a primary consideration in extradition cases, they could not generally override the public interest in effective extradition procedures. There had to be an “exceptionally compelling feature” giving rise to “the gravest effects of interference […]

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