Social Welfare Updates

Garden Court Chambers | Monday 31 July 2017

S21A MCA 2005 not appropriate where the central issue was whether CANH life-sustaining treatment was in a person’s best interests

Director of Legal Aid Casework (1) Secretaries of State for Health and for Justice (2) The Official Solicitor (3) v Briggs [2017] EWCA Civ 1169, 31 July 2017, President of the Queen’s Bench Division (Sir Brian Leveson), Lady Justice King and Lord Justice

Garden Court Chambers | Monday 31 July 2017

Citizens Advice and National Federation of ALMOs call on the Government to pause the roll-out of Universal Credit

In their report ‘Delivering Universal Credit’, Citizens Advice ask the Government to pause the roll-out of full service Universal Credit (UC) to enable time to fix the problems that have become evident in full service UC areas.

Garden Court Chambers | Monday 31 July 2017

Applications before the court concerning the degree to which a person without capacity should be assisted in observing Islamic religious custom and practice in a supported care home

IH (Observance of Muslim Practice) [2017] EWCOP 9, 12 June 2017, Cobb J

The first application was in respect of adherence to fasting during Ramadan and the second in respect of the trimming of IH’s axillary and pubic hair in accordance with Islamic cul

Garden Court Chambers | Monday 31 July 2017

The need for balance when assessing the claimant’s evidence

VS v Secretary of State for Work and Pensions (ESA): [2017] UKUT 274 (AAC) (Upper Tribunal Judge E. Jacobs) 30 June 2017

Community Care Law | Monday 31 July 2017

High Court finds local authority breached Children Act 1989 for failing to carry out lawful assessment of autistic child

Gráinne Mellon represented the children in this case, instructed by Alex McMahon and Elma Tavares of Osbornes Solicitors.

Garden Court Chambers | Sunday 30 July 2017

Cutting personal budgets for care

Davey, R (On the Application Of) v Oxfordshire County Council [2017] EWHC 354 (Admin) 27 February 2017.

The claimant has quadriplegic cerebral palsy and severe visual impairment. He is dependent on a wheelchair, needed assistance with all his personal

Garden Court Chambers | Thursday 6 July 2017

Distinction between improvements and repairs

Dodd v Raebarn Estates Ltd [2017] EWCA Civ 439, 21 June 2017

Garden Court Chambers | Wednesday 5 July 2017

Allocations: local lettings and undisclosed policies

R(C) v Islington London Borough Council [2017] EWHC 1288 (Admin), 31 May 2017