Social Welfare Updates

Garden Court Chambers | Wednesday 8 February 2017

Teresa Kirk appeal: order set aside as futile in the face of Ms Kirk’s refusal to comply

Teresa Kirk v Devon County Council [2017] EWCA Civ 34, Sir James Munby P, 30 January 2017

The court approved a consent order compromising the appeal of Teresa Kirk against the order requiring her to secure the return of MM from Portugal. For the facts

Garden Court Chambers | Wednesday 8 February 2017

‘Fixing our broken housing market’: Housing White Paper

In its Housing White Paper published yesterday, the Government concedes that the UK’s housing market is “broken” and promises a fresh wave of home-building and affordable housing to buy and rent.

Garden Court Chambers | Tuesday 7 February 2017

A person who died in an intensive care unit, who had lacked capacity to consent to their treatment there, was not in “state detention” at the time of their death

Ferreira, R (On the Application Of) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31, Arden and McFarlane LJJ and Cranston J, 26 January 2017

Maria Ferreira (Maria), who had Down’s syndrome and learning difficulties, died in an intensive c

Garden Court Chambers | Tuesday 7 February 2017

Interim Statutory Guidance published on Independent Child Trafficking Advocates (‘ICTA’)

Interim Statutory Guidance published on Independent Child Trafficking Advocates (‘ICTA’)

The statutory guidance is published pursuant to s.49 of the Modern Slavery Act 2015 and is effective from January 2017. It provides guidance to the three Early Ado

Garden Court Chambers | Tuesday 7 February 2017

Guidance on whether a self-employed EEA national who gives birth continues in self-employment: Can the self-employed rely on Saint Prix C-507/12?

Revenue and Customs v HD and GP (CHB) (Benefits for children - other) [2017] UKUT 11 (AAC) (Judge Ward), 12 January 2017

The Upper Tribunal considers two test cases examining whether EU national women who were engaged in self-employed activity until so

Garden Court Chambers | Tuesday 7 February 2017

When gaps don’t breach Convention rights

R (OK) v FTT [2017] UKUT 22 (AAC), MHLO 3, 12 January 2017

Application signed by solicitor on behalf of patient lacking capacity is struck out.

Garden Court Chambers | Tuesday 7 February 2017

Court of Protection Committal: Court of Appeal allows appeal against committal to prison

Devon County Council v Teresa Kirk [2016] EWCA Civ 1221, Sir James Munby P, Black , McFarlane LJJ, 5 December 2016

Garden Court Chambers | Monday 6 February 2017

The EU coordination rules: Aggregation and the Past Presence Test for Attendance Allowance and Disability Living Allowance

Secretary of State for Work and Pensions v MM (AA) EC and (EC) 883/2004) [2016] UKUT 547 (AAC) (Judge Jacobs), 12 December 2016)