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 | Thursday 1 May 2014

2014 04 Incapacity

Re MRJ (reconsideration of an order) Case No: 12256266 (Senior Judge Lush): MRJ was a 81 year old woman with moderately advanced dementia. She had appointed one of her two daughters, JT, and her grandson, KT, as her attorneys under LPAs for property and financial affairs and for health and welfare. The Office of the […]

Garden Court Chambers | Thursday 1 May 2014

2014 04 Migrants

SSAC consults on regulations removing entitlement to housing benefit for EEA jobseeker's allowance claimants On 7 April 2014 the Social Security Advisory Committee (SSAC) issued a consultation on the Housing Benefit (Habitual Residence) Amendment Regulations 2014 which, from 1 April 2014, remove entitlement to housing benefit for EEA nationals claiming income-based jobseeker's allowance (click here). […]

Garden Court Chambers | Thursday 1 May 2014

2014 04 Children

No case law update. Laws LJ granted permission to appeal in R (GE) (Eritrea) v Bedford BC [2013] EWHC 2186 (Admin), substantive hearing to be listed. Other matters: Residence Test: Government responds to Joint Committee on Human Rights on impact of legal aid changes. See response here. Of note is the Government's response on the […]

Garden Court Chambers | Thursday 1 May 2014

2014 04 Education

No case law update. The Children and Families Act 2014 received royal assent on 13 March 2014. It will bring quite fundamental changes to the identification and provision of support for chidlren with special educational needs under Part III of the Act. This part of the legislation has not come into force yet but it […]

Garden Court Chambers | Thursday 1 May 2014

2014 04 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 […]

Garden Court Chambers | Wednesday 30 April 2014

Housing

Nzolameso v Westminster CC 2015 UKSC 22 (Lady Hale, Lords Clarke, Reed, Hughes and Toulson): circumstances in which homeless applicants made be accommodated out of borough. Ms Nzolameso lived in a four-bedroom house in Westminster with her five children, aged 8-14. She had a number of health problems including HIV, diabetes and depression among other […]

Garden Court Chambers | Tuesday 1 April 2014

2014 03 Welfare Benefits

News Localised council tax support In a report published on 11 March 2014, the Public Accounts Committee examined evidence from the Department for Communities and Local Government on the localised council tax support schemes that replaced council tax benefit from April 2013. The report’s summary states that: A significant number of local schemes currently do […]

Garden Court Chambers | Tuesday 1 April 2014

2014 03 Adult Care

R (on the application of Cornwall Council) v Secretary of State for Health and others [2014] EWCA Civ 12 (Elias, Lewison, Floyd LJJ): for the purposes of the duty to provide residential accommodation under section 21 of the National Assistance Act 1948, a severely handicapped person was ‘ordinarily resident’ in the place which could properly […]

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