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 | Wednesday 1 June 2011

2011 05 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 | Wednesday 1 June 2011

2011 05 Health Care

British Pregnancy Advice Service v Secretary of State for Health (COSTS) [2011] EWHC 637 (Admin) (Supperstone J): The Court held the Secretary of State for Health had been entitled to his costs in a claim concerning the interpretation of the Abortion Act 1967 s.1(3) and s.1(3A) where his interpretation had been preferred. The fact that […]

Garden Court Chambers | Wednesday 1 June 2011

2011 05 Mental Health

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 | Wednesday 1 June 2011

2011 05 Housing

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 | Wednesday 1 June 2011

2011 05 International Law

. In the European Court of Justice the most interesting case to be decided by the Court recently is Case C-34/09 Zambrano v Office national de l’emploi (8 March 2011), a case concerning the refusal to grant unemployment benefits under Belgian legislation. In issue was the effect on EU citizenship under Article 20 of the […]

Garden Court Chambers | Wednesday 1 June 2011

2011 05 Adult Care

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 | Tuesday 24 May 2011

The Equality Act 2010 and Cuts in Services

In the light of some recent cases, one might be forgiven for thinking that cuts in social services are in breach of equality law. Clearly, that is not the case. However, what equality law does, essentially, is to require local authorities to think carefully about the needs of the disabled, the elderly and others before […]

Garden Court Chambers | Wednesday 11 May 2011

NXT: The Immigration Detention of Children

1. The case involved a foreign national prisoner who had made an illegal entry to the United Kingdom and had remained here without leave for many years. Whilst here she had committed a number of crimes including the supply of Class A drugs. She had also worked without permission and used deception to avoid immigration […]

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