Social Welfare Updates

Garden Court Chambers | Monday 31 October 2016

Section 95 asylum support rates held lawful and rational

R (SG and Ors) v Secretary of State for the Home Department, the Equality and Human Rights Commission intervening [2016] EWHC 2639 (Admin) (Flaux J), 24 October 2016

Three conjoined claims for judicial review challenged decisions by the Secretary of St

Garden Court Chambers | Monday 31 October 2016

Children in Crisis: Debate in House of Lords on 1 November 2016

The House of Lords Select Committee on the European Union will hold a debate on children in crisis tomorrow, 1 November 2016.

Garden Court Chambers | Monday 31 October 2016

Guidance laid down on approach of SEN Tribunal to dispute over parental preference for named school in statement

S-G v Denbighshire County Council, (B) (SEN) [2016] UKUT 0460 (AACC), 6 October 2016

Guidance is given by the Upper Tribunal to Special Educational Needs Tribunals on dealing with cases where parents cannot agree on the maintained school to be specifie

Garden Court Chambers | Monday 31 October 2016

Out of hours authorisation of an operation: Inherent jurisdiction invoked to authorise deprivation of liberty where the person was “ineligible” under Schedule 1A Mental Capacity Act 2005

An NHS Trust v HN [2016] EWCOP 43, Peter Jackson J, 23 September 2016

On an out of hours application the court held that it was in HN’s best interests to have what was a relatively minor operation in order to prevent much more serious harm, and authori

Garden Court Chambers | Sunday 30 October 2016

Guardianship Order did not have the effect that a sister became a direct descendant of her brother under Directive 2004/38/EC

In MS v Secretary of State for Work and Pensions (IS) [2016] UKUT 348 (AAC), 21 July 2016 the Upper Tribunal held that guardianship between a brother and a sister did not create a parental relationship.

Garden Court Chambers | Sunday 30 October 2016

The lawfulness of the “genuine prospect of work” test and the requirement for “compelling evidence” following the amendments to reg 6 of the EEA Regulations 2006

Secretary of State for Work and Pensions v MB (JSA) and others (European Union law: free movement) [2016] UKUT 372 (AAC), 05 August 2016

The lead case on the lawfulness of the "genuine prospect of work" (GPOW) test, which was introduced by the UK in 2

Garden Court Chambers | Sunday 30 October 2016

Court of Protection committal application: sentence of 6 months in prison for breach of order

Devon County Council v M [2016] EWCOP 42, Newton J, 18 August 2016

On an application for committal, the 71-year-old respondent, was sentenced to six months imprisonment. The warrant was suspended for 7 days to give her one last chance to comply.

Garden Court Chambers | Tuesday 4 October 2016

Whether an EEA national could rely on an European Health Insurance Card (EHIC) as comprehensive sickness insurance cover

Secretary of State for Work and Pensions v GS (PC) [2016] UKUT 394 (AAC), 16 August 2016

The claimant was an Italian National who had lived and worked in the UK for several periods over many years. During his most recent period of residence from 2004 h