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 April 2014

2014 03 Incapacity

Dunhill v Burgin (Nos 1 and 2) [2014] UKSC 18 (Baroness Hale, Lord Dyson MR, Lord Kerr, Lord Wilson, Lord Reed JJSC): in 1999 Ms Dunhill had sustained a road traffic accident caused by Mr Burgin and sustained a severe closed head injury along with other injuries. She brought proceedings for damage for personal injury […]

Garden Court Chambers | Tuesday 1 April 2014

2014 03 Migrants

Summary of restrictions being imposed on EEA jobseekers by the DWP From 1 January 2014, EEA nationals entering the UK to seek work are unable to claim income-based jobseeker’s allowance (JSA(IB) until they have been resident in the Common Travel Area for three months. This also applies to UK nationals and Irish citizens coming or […]

Garden Court Chambers | Tuesday 1 April 2014

2014 03 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 | Tuesday 1 April 2014

2014 03 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 | Tuesday 1 April 2014

2014 03 Mental Health

R (on the application of L) v West London Mental Health NHS Trust & (1) Partnerships in Care (2) Secretary of State for Health [2014] EWCA Civ 47 (Moses LJ, Patten LJ, Beatson LJ): On allowing the appeal the Court held that the procedural steps set out in R. (on the application of L) v […]

Garden Court Chambers | Tuesday 1 April 2014

2014 03 Housing

Farah v Hillingdon LBC [2014] EWCA Civ 359 (Longmore, Patten and Christopher Clarke LJJ): intentional homelessness and affordability. Ms Farah was an assured shorthold tenant and mother to three children. She was physically disabled and much of her expenditure related to her children and her disability, for example clothing and taxi fares arising from her […]

Garden Court Chambers | Saturday 1 March 2014

2014 02 Welfare Benefits

News ‘Bedroom Tax’ Round-Up The UN's Special Rapporteur, Raquel Rolnik’s Report on adequate housing became available on 3 February 2014 (click here). In her Report the Special Rapporteur says that: the policy was introduced without having been piloted in advance; in its own impact assessment the DWP had admitted that there is a mismatch between […]

Garden Court Chambers | Saturday 1 March 2014

2014 02 Adult Care

Aster Healthcare Ltd v Batool Shafi [2014] EWHC 77 QB (AndrewsJ): an award of summary judgment against the estate of S was set aside because it was not clear that section 7 of the Mental Capacity Act 2005 had imposed on S a duty to pay a reasonable price for care home services supplied to […]

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