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 Incapacity

SMBC v WMP, RG and GG (by their litigation friend the Official Solicitor) and HSG and SK SKG [2011] EWHC B13 (COP) (HHJ Cardinal): In the autumn of 2010 West Midlands Police sought forced marriage protection orders with regard to three brothers in the G family of whom the applicant [HSG] in this case is […]

Garden Court Chambers | Monday 13 June 2011

London Borough of Hillingdon v Neary

London Borough of Hillingdon v Steven Neary (by his litigation friend the Official Solicitor), Mark Neary and the Equality and Human Rights Commission[2011] EWHC 1377 (COP) (Peter Jackson J): Steven Neary is a 21 year-old man who has childhood autism and a severe learning disability. He lived with his father, Mark Neary, and received a […]

Garden Court Chambers | Sunday 5 June 2011

New Safeguarding Guidance

On the 16th May 2011, the Department of Health published Statement of Government Policy on Adult Safeguarding. For the avoidance of any doubt, it is made clear that No secrets: guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abusewill remain as statutory guidance “until at least 2013”. Meanwhile, however, […]

Garden Court Chambers | Wednesday 1 June 2011

2011 05 Children

R (O) v Hammersmith & Fulham LBC [2011] EWHC 679 (Admin)(Blair J): although the local authority’s decision-making process had been lawful in the main, its conclusion, despite changed circumstances, that O should not be placed at a residential school with a 24-hour/52-week curriculum had been irrational and required to be reconsidered. Click here for the […]

Garden Court Chambers | Wednesday 1 June 2011

2011 05 Incapacity

W & M v S, A NHS Primary Care Trust and Times Newspapers Ltd [2011] EWHC 1197 (COP) (Baker J): M was in a minimally conscious state. Her mother, W, had applied to the Court of Protection for approval of the withdrawal of artificial nutrition and hydration. The application was to be heard on 18 […]

Garden Court Chambers | Wednesday 1 June 2011

2011 05 Education

R (O) v Hammersmith & Fulham LBC [2011] EWHC 679 (Admin)(Blair J): although the local authority’s decision-making process had been lawful in the main, its conclusion, despite changed circumstances, that O should not be placed at a residential school with a 24-hour/52-week curriculum had been irrational and required to be reconsidered. Click here for the […]

Garden Court Chambers | Wednesday 1 June 2011

2011 05 Welfare Benefits

Case Law In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant was profoundly physically and mentally disabled from birth. Her parents took out a loan in order to have an annex specially constructed for her. A claim for Housing Benefit (‘HB’) was made because they could not afford to continue providing […]

Garden Court Chambers | Wednesday 1 June 2011

2011 05 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 […]

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