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 October 2010

Accommodating Privately Fostered Migrant Children

Where a local authority is notified of a child from abroad under 16 who is being privately fostered questions can arise as to the duties that then arise for that local authority. This is likely to occur where a foreign national child is brought to the United Kingdom by a parent, a relative or an […]

Garden Court Chambers | Thursday 30 September 2010

Services and Public Functions under the Equality Act 2010: Application and definitions

Services and Public Functions under the Equality Act 2010: Application and definitions Part 3 of the Equality Act 2010 Application There are three provisions excluding the general application of Part 3: 1. Part 3 does not apply to the protected characteristic of age so far as it relates to persons under 18, nor to the […]

Garden Court Chambers | Wednesday 29 September 2010

Services and Public Functions under the Equality Act 2010: Commencement Provisions for Part 3

Services and Public Functions under the Equality Act 2010: Commencement Provisions Part 3 of the Equality Act 2010 Commencement The provisions of Part 3 (including Schedule 2 (reasonable adjustments) and Schedule 3(exceptions)) came into force on 1 October 2010 by the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and […]

Garden Court Chambers | Friday 24 September 2010

Mental Health

R (on the application of MD) v Secretary of State for the Home Department [2014] EWHC 2249 (Admin) (Rhodri Price Lewis QC): On allowing the claim the court held that the detention by the Home Secretary of State of a foreign national suffering from a mental illness, was unlawful both at common law and under […]

Garden Court Chambers | Friday 24 September 2010

Children

Nzolameso v Westminster City Council [2015] UKSC 22 (Lady Hale, Lords Clarke, Reed, Hughes and Toulson): The issue in the appeal was whether it is lawful for a housing authority to accomodate a homeless person a long way from the authority's area where the homeless person was previously living. The Supreme Court held that the […]

Garden Court Chambers | Friday 24 September 2010

Incapacity

NM v Kent County Council [2015] UKUT 125 (AAC), Edward Jacobs, Upper Tribunal Judge: NM had diagnoses of learning disability with behavioural problems and paedophilic sexual interest. He was subject to guardianship under s. 7 Mental Health Act 1983 (MHA 1983) and also to a standard authorisation (DOLS) under MCA 2005 in respect of his […]

Garden Court Chambers | Friday 24 September 2010

Education

R (ER) v Commissioner for Local Administration (Local Government Ombudsman) and London Borough of Hillingdon [2014] EWCA Civ 1407 (LLJ Moore-Bick, Aikens, Bean): The Local Government Ombudsman had no jurisdiction to investigate the consequences of a local authority's decision if the investigation itself was excluded by the Local Goverment Act 1974 section 26(6). The judicial […]

Garden Court Chambers | Friday 24 September 2010

Welfare Benefits

In a press release dated 22 April 2015, the Trussell Trust reported that: 97 per cent of foodbank managers reported that administrative delays in paying benefits were a significant factor in driving demand; 91 per cent cited benefit sanctions; and 84 per cent identified ‘stoppage’ of ESA; ‘low income’ referrals have grown from 20 percent […]

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