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 10 November 2017

Continuation of life-sustaining treatment not in Mrs P’s best interests – ascertaining what the patient would have wanted

Salford Royal NHS Foundation Trust v (1) Mrs P (by her litigation friend, the OS) (2) Q [2017] EWCOP 23

Garden Court Chambers | Friday 10 November 2017

New Court of Protection Rules coming into force on 1 December 2017

The Court of Protection Rules 2017 have been laid before Parliament and will come into force on 1 December. They revoke the current rules and replace ...

Garden Court Chambers | Friday 10 November 2017

Ombudsman rules on delay in council passing a housing benefit appeal to the Tribunal

The claimant applied for Housing Benefit. This was refused on the basis that her self-employment “was not effective” such that she did not have a right to reside for benefit purposes.

Garden Court Chambers | Friday 10 November 2017

Court of Appeal overturns Birmingham CC v D: 16-17 year olds who lack capacity not deprived of their liberty within Art 5 where parents consent to their confinement

Re D (A Child) [2017] EWCA Civ 1695, Sir James Munby, President of the Court of Protection, David Richards and Irwin LJJ, 31 October 2017

Garden Court Chambers | Tuesday 7 November 2017

Extension of the Worker Registration Scheme from 2009 to 2011 unlawful

Secretary of State for Work and Pensions v Gubeladze [2017] EWCA Civ 1751, Jackson, Lindblom, Peter Jackson LJJ, 07 November 2017

Garden Court Chambers | Thursday 5 October 2017

Deprivation of liberty in family home – family member as Rule 3A representative

SCC v (1) MSA (by his litigation friend, the Official Solicitor) JA (2) and (3) SCCG [2017] EWCOP 18, 20 September 2017, Bellamy DJ

Garden Court Chambers | Wednesday 4 October 2017

Best interests – experimental stem cell treatment – wishes and feelings

B v D [2017] EWCOP 15, 5 September 2017, Baker J

Garden Court Chambers | Tuesday 3 October 2017

Withdrawal of Clinically Assisted Artificial Nutrition and Hydration (CANH): Need for proceedings – family member litigation friends

M (by her litigation friend, Mrs B) v A Hospital [2017] EWCOP 19, 20 September 2017, Peter Jackson J

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