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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.

Latest Updates

Garden Court Chambers | Monday 5 March 2018

Islamic marriage (nikkah) was valid as presumption of capacity not rebutted; declaration of non-marriage under English law

AB v HT, LB Hammersmith & Fulham, M (by her litigation friend the Official Solicitor) and MS [2018] EWCOP 2, Baker J, 26 January 2018

Garden Court Chambers | Monday 5 March 2018

Joint Committee on Human Rights: reform of Deprivation of Liberty Safeguards

The government is expected to announce its response to the Law Commission’s recommendations for a new scheme of “Liberty Protection Safeguards” for people lacking mental capacity whose care arrangements deprive them of their liberty in Spring 2018. In the meantime, the Joint Committee on Human Rights has launched an inquiry into “The Right to freedom […]

Garden Court Chambers | Wednesday 17 January 2018

Court of Protection Visitors’ reports can provide the necessary procedural safeguards for the incapacitated person in the streamlined procedure for authorisation of deprivation of liberty; increase in government funding for such reports

Re KT, DR, KH and DC [2018] EWCOP 1, 15 January 2018, Charles J

Garden Court Chambers | Monday 15 January 2018

NICE consultation on draft guidance on decision-making and mental capacity

The National Institute for Health and Care Excellence (NICE) is consulting on its draft guideline until 5th February 2018, with an expected publication date for the guideline of 16 May 2018.

Garden Court Chambers | Thursday 4 January 2018

Accommodation needs of vulnerable young family – the interplay between s17 CA 1989 and Parts 6 and 7 Housing Act 1996

R (J and L) v Hillingdon LBC [2017] EWHC 3411 (Admin), 21 December 2017

Garden Court Chambers | Thursday 21 December 2017

Home office policy of removing EEA national rough sleepers found to be unlawful

R (Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin), 14 December 2017

Garden Court Chambers | Wednesday 20 December 2017

Section 117 Mental Health Act 1983 after-care: A claim for restitution against two public authorities for payment of after-care services was a private law claim

Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998 (12 December 2017)

Garden Court Chambers | Wednesday 20 December 2017

Self-employed EU citizens can retain that status under Article 7(3)(b) Directive 2004/38

Florea Gusa v Minister for Social Protection, Ireland, Attorney General, Case C‑442/16, J.L. da Cruz Vilaça, A. Tizzano, E. Levits, A. Borg Barthet and M. Berger, CJEU (Fifth Chamber), 20 December 2017