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 | Saturday 1 November 2014

2014 10 Incapacity

Re X & others (deprivation of liberty) (No. 2) [2014] EWCOP 37 (Sir James Munby, President): this is the second judgment to deal with procedural issues in the Court of Protection following the Supreme Court’s decision in P v Cheshire West Council [2014] UKSC 14. The President handed down the first judgment on 7 August […]

Garden Court Chambers | Wednesday 1 October 2014

2014 09 Education

Changes are afoot with special educational needs legislation brought about by the Children and Families Act 2014. Statutory guidance issued on Transition to the new 0-25 special educational needs and disability system has been issued. Click here for the guidance. Letters have also been sent to local authorities and parents regarding the reforms. Click here […]

Garden Court Chambers | Wednesday 1 October 2014

2014 09 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 | Wednesday 1 October 2014

2014 09 Welfare Benefits

News Conservative Party Conference signals further cuts to welfare spending In a speech at the Conservative Party conference on 29 September 2014 Chancellor George Osborne said that there would be further cuts to welfare spending if the Conservatives were elected in 2015. In particular, they would freeze working age benefits for two years, with exceptions […]

Garden Court Chambers | Wednesday 1 October 2014

2014 09 Housing

Homelessness statistics: on 25 September 2014 the Department of Communities and Local Government released its latest homelessness statistics showing that as of 30 June 2014, 59,710 homeless households had been placed in temporary accommodation, a 6% increase on the same date in 2013. Of these, 640 were households with children who had been placed in […]

Garden Court Chambers | Wednesday 1 October 2014

2014 09 Adult Care

R (Whapples) v Birmingham Crosscity Clinical Commissioning Group [2014] EWHC 2647 Admin (Sales J): the NHS was not generally responsible for securing accommodation for a person in receipt of NHS continuing care; neither would the provision of such healthcare in a person’s home generally turn that home into a ‘care home’, for the purposes of […]

Garden Court Chambers | Wednesday 1 October 2014

2014 09 Incapacity

In the matter of DG and between David and Barry v Peter [2014] EWCOP 31 (Senior Judge Lush): DG was aged 93, had Altzheimer's disease and resided in a care home. David, Barry and Peter were his three sons. David and Barry applied for an order that they should be appointed as their father's deputy […]

Garden Court Chambers | Wednesday 1 October 2014

2014 09 Children

Various duties under the Children and Families Act 2014 are coming into force. See the post under Education for the new code of practice and the consequential duties of local authorities in the context of special educational needs. By section 106 of the 2014 Act, state-funded schools are obliged to provide free school lunches on […]

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