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 | Monday 1 September 2014

2014 08 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 | Monday 1 September 2014

2014 08 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 | Monday 1 September 2014

2014 08 Welfare Benefits

News The Work Capability Assessment and Claimants with Mental Health Problems A reported produced by the Institute for Public Policy and Research (IPPR) on 20 August 2014 concluded that the current regime for assessing claimants in receipt of Employment and Support Allowance (i.e. the work capability assessment (WCA) is “far from satisfactory” for people with […]

Garden Court Chambers | Monday 1 September 2014

2014 08 Housing

Aster Communities Limited v Jonathan Akerman-Livingston [2014] EWCA Civ 1081 (Arden, Black and Briggs LJJ): a defence to a possession claim based on the Equality Act 2010 must be “seriously arguable” to proceed beyond the initial hearing. Mr Akerman-Livingstone, the Appellant, was placed in temporary accommodation owned by Aster Communities, pursuant to the main housing […]

Garden Court Chambers | Monday 1 September 2014

2014 08 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 | Monday 1 September 2014

2014 08 Incapacity

Re X & others (Deprivation of Liberty) [2014] EWCOP 25 (Sir James Munby, President): several cases were listed before the President so that he could give guidance on deprivation of liberty (DOL) applications following the Supreme Court’s decision in Surrey County Council v P, the “Cheshire West” case. This is a preliminary judgment, answering 25 […]

Garden Court Chambers | Monday 1 September 2014

2014 08 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 […]

Garden Court Chambers | Friday 1 August 2014

2014 07 Education

No case law update. A whole host of new statutory guidance has been issud by the Department for Education. The following are some relevant guidance: Admissions in free school: click here. Admissions for summer-born children: click here. Admissions for previously looked-after (adopted) children: click here. School Governors' Handbook 2014 outlining governors' roles and duties: click […]

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