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 30 November 2016

Housing and immigration: legislative updates (1)

Eligibility: the Immigration (European Economic Area) Regulations 2016

On 3 November 2016, the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 were laid before Parliament. The majority of the regulations come into force on 1 Februar

Garden Court Chambers | Wednesday 30 November 2016

Housing and immigration: legislative updates (2)

Right to rent (1): new mandatory ground for possession On 1 December 2016, the new mandatory ground 7B, Part 1, Schedule 2 Housing Act 1988 will come into force. This ground was inserted by s41(2) Immigration Act 2016, and is subject to the transitional provisions contained in s41(7) which provide that the ground may be […]

Garden Court Chambers | Monday 28 November 2016

Article 8 and possession proceedings

Holley v Hillingdon London Borough Council [2016] EWCA Civ 1052, 1 November 2016

Garden Court Chambers | Monday 28 November 2016

Effect of public sector equality duty on the duty to make inquiries in homelessness cases

Birmingham City Council v Wilson [2016] EWCA Civ 1137, 17 November 2016

Garden Court Chambers | Friday 18 November 2016

Possession proceedings: approach to proportionality under the Equality Act 2010

Birmingham City Council v Stephenson [2016] EWCA Civ 1029, 27 September 2016

The appellant, S, was an introductory tenant of Birmingham City Council. Following a number of complaints about S’s behaviour toward the end of 2014, primarily consisting of n

Garden Court Chambers | Friday 11 November 2016

NHS loses appeal of the decision that it has the power to commission medication for HIV/AIDS (the PrEP case)

The issue on this appeal was whether NHS England, a commissioning body created by the Health and Social Care Act 2012 ("the 2012 Act") has the power to commission medication for HIV/AIDS PrEP; this stands for pre-exposure prophylaxis.

Garden Court Chambers | Friday 4 November 2016

Court orders further consideration of the realistic options for P before proceeding with a full hearing

A Local Authority v X [2016] EWCOP 44, Holman J, 25 October 2016

Garden Court Chambers | Tuesday 1 November 2016

Permission needed to seek warrant for breach of SPO

Cardiff County Council v Lee [2016] EWCA Civ 1034, 19 October 2016

The appellant, Mr Lee, was the secure tenant of Cardiff County Council. On 3 September 2013, the court made a two year SPO on the basis of nuisance behaviour, on terms that Mr Lee shoul

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