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 | Wednesday 5 July 2017

Service occupiers: exclusion from security of tenure regime compatible with ECHR

Hertfordshire County Council v Davies [2017] EWHC 1488 (QB), 21 June 2017

Garden Court Chambers | Monday 3 July 2017

Whether a room is a “bedroom” for the purposes of the bedroom tax

Secretary of State for Work and Pensions v The City of Glasgow Council & IB [2017] CSIH 35, 31 May 2017

The Court of Session in Scotland considers what factors should be taken into account in establishing whether a room is a bedroom for the purpose

Garden Court Chambers | Monday 3 July 2017

The “living in” test – whether a claimant who had been travelling abroad for 15 months is “living in” the Common Travel Area for three months prior to claiming JSA(IB)

TC v Secretary of State for Work and Pensions (JSA) (Residence and presence conditions - habitual residence) [2017] UKUT 222 (AAC), 24 May 2017 (Judge White)

The Upper Tribunal decided that the requirement to have been 'living in” the Common Travel Ar

Garden Court Chambers | Friday 9 June 2017

Care Act and accommodation for adults

SG v Haringey and others [2017] EWCA Civ 322, 3 May 2017

Garden Court Chambers | Wednesday 31 May 2017

Poorly drafted online gateway questions do not allow backdating of UC or allow client to be treated as claiming a legacy benefit

AM v Secretary of State for Work and Pensions (UC) [2017] UKUT 131 (AAC)

Garden Court Chambers | Wednesday 31 May 2017

A judicial review brought by local authorities challenging the government for failing to fund them to meet the extra costs of the deprivation of liberty safeguards after the UKSC decision in the Cheshire West case was dismissed.

R on the application of Liverpool CC (1) Nottinghamshire CC (2) LB of Richmond-upon-Thames (3) Shropshire Council -and- Secretary of State for Health, and Secretary for Communities and Local Government (Interested Party)[2017] EWHC 986 (Admin), Garnham J,

Garden Court Chambers | Wednesday 31 May 2017

Deprivation of liberty safeguards: the supervisory body is responsible for monitoring compliance with conditions

W [2016] EWCOP 58, DJ Ralton, 14 April 2016

Garden Court Chambers | Wednesday 31 May 2017

Circumstances in which local authority may revisit a homelessness decision

R (Sambotin) v the London Borough of Brent [2017] EWHC 1190 (Admin), 19 May 2017

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