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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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 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 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 | 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 […]

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 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 […]

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