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 | Tuesday 3 October 2017

Why all the fuss over Universal Credit?

The media reports highlight the human impact of the scheme and the politics, but one only has to recall the following basic information about Universal Credit to understand why it is running into trouble.

Garden Court Chambers | Tuesday 3 October 2017

Mistake of fact giving rise to unfairness

CF v Secretary of State for Work and Pensions (PIP): [2017] UKUT 356 (AAC), UT Judge Gray, 29 August 2017

Garden Court Chambers | Monday 2 October 2017

“Yet another sorry tale of HMRC institutional incompetence and inefficiency”

VO v Her Majesty's Revenue and Customs (TC): [2017] UKUT 343 (AAC), UT Judge Wikeley, 18 August 2017

Garden Court Chambers | Friday 8 September 2017

Best interests and serious medical treatment where the person lacking capacity has delusional beliefs

NHS Foundation Trust v QZ (by her litigation friend, the Official Solicitor) [2017] EWCOP 11, 6 June 2017, Hayden J

Garden Court Chambers | Friday 8 September 2017

Extension of the Transparency, Case Management and s 49 pilots

The pilots have been extended (by amendment to each of the relevant pilot practice directions). 

Garden Court Chambers | Friday 8 September 2017

First Court of Appeal case on duties under Care Act 2014

Davey v Oxfordshire County Council (The Equality & Human Rights Commission and Inclusion London intervening) [2017] EWCA Civ 1308

The Court of Appeal has dismissed an appeal in which the claimant contended that a reduction in his personal budget an

Garden Court Chambers | Friday 8 September 2017

Best interests: preventing person with Korsakoff’s Syndrome from drinking alcohol

DM v Y City Council [2017] EWCOP 13, Bodey J, 15 June 2017

Garden Court Chambers | Friday 8 September 2017

Upper tribunal rules DWP wrong to deny appeals over refused benefits

R(CJ) and SG v Secretary of State for Work and Pensions (ESA): [2017] UKUT 324.

Claimants refused access to ESA due to missing time limit for MR win the right to appeal to the First-tier Tribunal (FTT).

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