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 | Tuesday 1 July 2014

2014 06 Housing

Haile v Waltham Forest LBC [2014] EWCA Civ 792 (Jackson, Fulford and Christopher Clarke LJJ): question whether applicant is intentionally homeless should be considered with reference to facts as they existed at time of leaving accommodation. Ms Haile was an assured shorthold tenant of a room at Lea Bridge House. It was a term of […]

Garden Court Chambers | Tuesday 1 July 2014

2014 06 Migrants

In Jessy Saint Prix v Secretary of State for Work and Pensions (Case C‑507/12), the Court of Justice of the European Union (CJEU) decided that an EU national who left work due to pregnancy retained her worker status. SP, a French national, worked in the UK in various jobs between September 2006 and August 2007. […]

Garden Court Chambers | Sunday 1 June 2014

2014 05 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 […]

Garden Court Chambers | Sunday 1 June 2014

2014 05 Children

JG v the Lord Chancellor and Ors [2014] EWCA Civ 656 (LLJ Richards, Black and Fulford): The appeal related to a child who was subject to family proceedings under secton 8, Children Act 1989 with the children's guardian appointed to act. The appeal succeeded against the refusal of the Legal Aid Agency to refuse to […]

Garden Court Chambers | Sunday 1 June 2014

2014 05 Incapacity

Forthcoming hearing on applications relating to authorisations of deprivation of liberty following the decision of the Supreme Court in P&Q and Cheshire West: In response to the huge increase in such applications following the Supreme Court’s decision, Sir James Munby, President of the Court of Protection, has listed a number of cases together for a […]

Garden Court Chambers | Sunday 1 June 2014

2014 05 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 | Sunday 1 June 2014

2014 05 Adult Care

McDonald v United Kingdom (Application no. 4241/12, 20 May 2014): a decision to provide a person with incontinence pads rather than, as she wished, and as had been provided earlier, help from a carer to get to the lavatory or a commode was capable of having an impact on her enjoyment of her right to […]

Garden Court Chambers | Sunday 1 June 2014

2014 05 Housing

Hines v Lambeth [2014] EWCA Civ 660 (Sullivan, Patten and Vos LJJ): eligibility of Zambrano carer for Part VII accommodation. Ms Hines was a Jamaican citizen and Mother to a four-year old child, Brandon, with British citizenship. Brandon had acquired his citizenship from his Father: a national of the Ivory Coast with an EU right […]

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