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 20 July 2018

Mental Capacity (Amendment) Bill starts its journey through Parliament: the replacement of DoLS

The Bill introduces a new administrative scheme for authorisation of deprivation of liberty arising from arrangements for care or treatment of persons lacking capacity to consent to those arrangements.

Garden Court Chambers | Friday 22 June 2018

Suspended possession orders: procedure for enforcement and proleptic discharge provisions

The appellant, Mr Armstrong, was the secure tenant of the Respondent, Ashfield DC. In June 2013, following a trial, a suspended possession order was made in respect of Mr Armstrong’s home.

Garden Court Chambers | Friday 22 June 2018

‘Windrush generation’: Guidance issued to local authorities on the handling of Housing Benefit cases

On 4 May 2018 the DWP has issued an Urgent Bulletin to local authorities on how to deal with housing benefit claims from the ‘Windrush generation’.

Garden Court Chambers | Friday 22 June 2018

A child’s right to education and a parent’s derivative right to reside is dependent on a common period of residence when the parent was a worker

In Bolton Metropolitan Borough Council v HY (HB): [2018] UKUT 103 (AAC), Judge Ward, 23 March 2018, the claimant, HY, a Dutch national, had moved to the UK in December 2012. 

Garden Court Chambers | Friday 22 June 2018

EU co-ordination rules do not provide for entitlement to child benefit in respect of a step child resident in another Member State

Her Majesty's Revenue and Customs v MB: [2018] UKUT 162 (AAC), Judge Jacobs, 8 May 2018

Garden Court Chambers | Friday 22 June 2018

Trafficking victims: suitable accommodation and damages

XPQ v Hammersmith and Fulham London Borough Council [2018] EWHC 1391 (QB), 7 June 2018

Garden Court Chambers | Friday 22 June 2018

Young people brought to UK under ‘Dubs amendment’ to be eligible for homelessness assistance and allocation of social housing

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018, SI 2018/730

Garden Court Chambers | Friday 22 June 2018

Capacity to make a homeless application

WB (a protected party through her litigation friend the Official Solicitor) v W District Council [2018] EWCA Civ 928, 26 April 2018

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