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 1 April 2015

2015 03 Migrants

In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 (Jackson, Kitchin and Floyd LLJ) the Court of Appeal considered whether article 23 of the Geneva Convention requires the UK government to make a retrospective payment of ‘public relief’ to successful asylum seekers representing the difference between previous asylum support and […]

Garden Court Chambers | Wednesday 1 April 2015

2015 03 Adult Care

The Care Act 2014: comes into force on 1 April 2015, replacing the National Assistance Act 1948 as the primary legislation governing the provision of adult community care services in England.

Garden Court Chambers | Wednesday 1 April 2015

2015 03 Incapacity

The Court of Protection (Amendment) Rules 2015 SI No. 548 will come into force in part on 6 April 2015 and otherwise on 1 July 2015. The rules amend the Court of Protection Rules 2007 including making provision for the court to consider how P should be enabled to participate in the proceedings, reinforcing the […]

Garden Court Chambers | Tuesday 31 March 2015

Adult Care

Clarke v LB Sutton [2015] EWHC 1081 (Admin), HHJ Sycamore, sitting as a High Court judge: The claimant (C) suffered from severe epilepsy and had a number of mental health and behavioural difficulties. He held a tenancy of supported living accommodation with care services provided by specialised services provided by Independence Homes. The local authority […]

Garden Court Chambers | Sunday 1 March 2015

2015 02 Children

Re D (a child)(no 2)(2015) [2015] EWFC 2: the President of the Family Division expressed concern over the delay in obtaining public funding for parents with learning difficulties contesting a local authority’s placement order application; because of the potential breach of article 6 ECHR. Click here for the judgment. R (BG) v Chief Constable of […]

Garden Court Chambers | Sunday 1 March 2015

2015 02 Education

R (ER) v Commissioner for Local Administration (Local Government Ombudsman) and London Borough of Hillingdon [2014] EWCA Civ 1407 (LLJ Moore-Bick, Aikens, Bean): The Local Government Ombudsman had no jurisdiction to investigate the consequences of a local authority's decision if the investigation itself was excluded by the Local Goverment Act 1974 section 26(6). The judicial […]

Garden Court Chambers | Sunday 1 March 2015

2015 02 Mental Health

R (on the application of MD) v Secretary of State for the Home Department [2014] EWHC 2249 (Admin) (Rhodri Price Lewis QC): On allowing the claim the court held that the detention by the Home Secretary of State of a foreign national suffering from a mental illness, was unlawful both at common law and under […]

Garden Court Chambers | Sunday 1 March 2015

2015 02 Welfare Benefits

In HB Bulletin G2/2015, published ton on 17 February 2015, the DWP says that the High Court has dismissed the challenge to the bedroom tax by a woman whose home has been adapted under a Sanctuary Scheme. The judgment in R (A) v the Secretary of State for Work and Pensions [2015] EWHC 159 (Admin) […]

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