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 | Friday 1 August 2014

2014 07 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 | Friday 1 August 2014

2014 07 Welfare Benefits

news Number of children living in poverty In 'Households Below Average Income – An analysis of the income distribution 1994/1995 – 2012/2013', (click here) published on 1 July 2014 the DWP sets out the number of children, working age adults and pensioners living in households considered to be living in poverty: The statistics show that: […]

Garden Court Chambers | Friday 1 August 2014

2014 07 Housing

R (Yekini) v Southwark LBC [2014] EWHC 2096 (Admin) (Michael Fordham QC sitting as a Deputy High Court Judge): power of local authority to charge peppercorn rent to homeless applicants. Ms Yekini was a foreign national and mother to three dependent children, one of whom was a British Citizen. She applied to Southwark LBC as […]

Garden Court Chambers | Friday 1 August 2014

2014 07 Adult Care

Abbeyfield Newcastle Upon Tyne Society Ltd v Newcastle City Council [2014] EWHC 2437 Ch (Norris J): a local authority had not paid a care provider a reasonable price for residents whom it had placed in the provider's care homes which, in this case, was determined under implied contractual provisions. Click here for the judgment.

Garden Court Chambers | Friday 1 August 2014

2014 07 Incapacity

The Law Commission has announced that it is starting work on a report, containing recommendations for reform of the Deprivation of Liberty Safeguards (DOLS), following the decision of the Supreme Court in Cheshire West and the House of Lords’ select committee finding that DOLS were not fit for purpose. The report is expected to be […]

Garden Court Chambers | Friday 1 August 2014

2014 07 Migrants

Benefits for EU migrants to be ‘cut off’ after 3 months EU migrants' entitlement to out-of-work benefits is to be 'cut off' after three months, the Prime Minister has said. Writing in the Telegraph on 28 July 2014 (click here), Mr Cameron said that to address the 'magnetic pull' of Britain's benefit system – '… […]

Garden Court Chambers | Friday 1 August 2014

2014 07 Children

VS v the Home Office [2014] EWHC 2483 (QB) (Mr. Simon Picken Q.C.) The Court held the Home Office unlawfully detained the Claimant for 2 periods under immigration powers. At all material times of the claim, the Claimant was a child. The first period of false imprisonment related to his being detained on arrival at […]

Garden Court Chambers | Tuesday 1 July 2014

2014 06 Mental Health

TW (Appellant) v Enfield London Borough Council (Respondent) & Secretary of State for Health (Intervener) [2014] EWCA Civ 362 (Arden LJ, Aikens LJ, Clarke LJ): On allowing the appeal the Court held that when it was an approved social worker's decision under section 11(4) of the Mental Health Act 1983 that it was not reasonably […]

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