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 Welfare Benefits

PIP In an ad hoc statistical release, published on 28 January 2015, the DWP provided information on PIP new claims. The figures show that the average clearance time between the referral of a new personal independence payment (PIP) claim to an assessment provider and its return to the DWP was 30 weeks in June/July 2014 […]

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 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 | 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 | 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 […]

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