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 | Sunday 1 February 2015

2015 01 Housing

R (Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin) (McCloskey J): existence of statutory discretion outside of allocation scheme. The Claimant, Ms Hillsden, sought accommodation under the Defendant, Epping’s, allocation scheme. The scheme contained a requirement that applicants registered on the scheme should have resided continuously in the area for two and a half […]

Garden Court Chambers | Sunday 1 February 2015

2015 01 Adult Care

R (Robson) v Salfrod CC [2015] EWCA Civ 6: it was lawful to cease using local authority employees to provide a transport service so that disabled adults could attend day centres and to make alternative arrangements (including, for example, a ‘ring and ride’ service). The consultation exercise on transport options had been adequate, notwithstanding that […]

Garden Court Chambers | Sunday 1 February 2015

2015 01 Migrants

Child benefit for EU migrants whose children live in another country On 7 January 2015 the Independent reported that, at a press conference following a meeting with Prime Minister David Cameron, German Chancellor Angela Merkel agreed to look at the issue of child benefit for EU migrants whose children live in another country. However, the […]

Garden Court Chambers | Sunday 1 February 2015

2015 01 Incapacity

Essex County Council v RF & Ors [2015] EWCOP 1, District Judge Mort: P was aged 91 and suffered from dementia. ECC admitted breaches of P’s Art 5 and 8 rights for the whole of the 17 month period when he was detained in a dementia unit, except for 4 months when a standard authorisation […]

Garden Court Chambers | Thursday 1 January 2015

2014 12 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 | Thursday 1 January 2015

2014 12 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 | Thursday 1 January 2015

2014 12 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 | Thursday 1 January 2015

2014 12 Welfare Benefits

News GP poll shows increase in patients needing advice An opinion poll of GPs published on 3 December 2014 by the Legal Action Group found that a majority of doctors believed that the number of their patients who would have benefited from legal or specialist advice has increased in the past year: 67% of GPs […]

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