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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.

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Garden Court Chambers | Friday 10 November 2017

‘Significantly more vulnerable’: the Court of Appeal explains

Panayiotou v Waltham Forest London Borough Council; Smith v Haringey London Borough Council [2017] EWCA Civ 1624, 19 October 2017

Garden Court Chambers | Friday 10 November 2017

The mandatory ground of possession under Housing Act 1985: out of time reviews

Harris  v Hounslow London Borough Council [2017] EWCA Civ 1476, 5 October 2017

Garden Court Chambers | Friday 10 November 2017

Age assessment: dental assessments, appearance and the benefit of the doubt

AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September […]

Garden Court Chambers | Friday 10 November 2017

The end of dental X-rays in age assessments

Maria Moodie and Silvia Nicolaou Garcia chart the rise and fall of dental X-rays as a means of assessing the age of unaccompanied asylum-seeking children.

Garden Court Chambers | Friday 10 November 2017

Local authority decisions on level of fees they will pay for residential care under National Assistance Act 1948 (pre-Care Act 2014)

Torbay Council v Torbay Quality Care Forum Limited [2017] EWCA Civ 1605, 19 October 2017

Garden Court Chambers | Friday 10 November 2017

Ordinary residence – whether duty arose under 21 National Assistance Act 1948 – s 21 a duty of last resort (a pre- Care Act 2014 case)

R. (on the application of Barking and Dagenham LBC) v Secretary of State for Health (1) London Borough of Redbridge (2) HR (Interested parties) [2017] EWHC 2449 (Admin),

Garden Court Chambers | Friday 10 November 2017

Recovery of damages for future care costs does not disentitle a person to after-care services under Mental Health Act 1983

Tinsley v Manchester City Council (1) South Manchester CCG (2) and Local Government Association (Intervener) [2017] EWCA Civ 1704, 1 November 2017

Garden Court Chambers | Friday 10 November 2017

Out of hours order under High Court’s jurisdiction in relation to vulnerable adults for removal from home and detention in hospital – no claim under HRA 1998 in respect of judicial act

Aamir Mazhar v The Lord Chancellor [2017] EWHC 2536 (Fam), Sir Ernest Ryder, Senior President of Tribunals, 12 October 2017 
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