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 | 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 Incapacity

London Borough of Redbridge v G (by her litigation friend, the Official Solicitor) and C (1) and F(2) [2014] EWHC 485 (COP) (Russell J): The local authority made applications under the Inherent Jurisdiction of the High Court in respect of an elderly woman. C and F had moved into her home, to provide care for […]

Garden Court Chambers | Saturday 1 March 2014

2014 02 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 | Saturday 1 March 2014

2014 02 Housing

Masih v Yousaf (CA) Ex tempore judgment, 6 February 2014 (Hallett, Davis and Floyd LJJ): validity of notice seeking possession under ground 8. M was the assured shorthold tenant of Y. Y served a notice seeking possession on M referring to ground 8 Part 1, Schedule 2 Housing Act 1988 and referring to the requirement […]

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 […]

Garden Court Chambers | Saturday 1 March 2014

2014 02 Migrants

Minimum Earnings Threshold – Establishing whether an EEA national is/was a “worker” or a “self-employed person” On 21 February 2014 the DWP issued a Press release confirming that an earnings threshold is to be introduced into the definition of ‘worker’ for EU migrants from 1 March 2014 (click here). Under the new test, deciding whether […]

Garden Court Chambers | Saturday 1 March 2014

2014 02 Children

Residence Test The Public Law Project has obtained permission from the Administrative Court to Judicially Review the Government’s “Residence Test” to restrict access to Legal Aid for persons from abroad (click here for details). R (on the application of J (By his father & litigation friend) W) v Worcestershire County Council & EQHR Commission[2013] EWHC […]

Garden Court Chambers | Saturday 1 March 2014

2014 02 Education

R (on the application of (1) Governing Body of Warren Comprehensive School (2) Barking & Dagenham London Borough Council) v Secretary of State for Education(2014) QBD (Admin) (Collins J): Unreported extempore judgment. 15/01/2014. In granting the application the court held that it was arguable in the instant circumstances, where a failing school had agreed with […]

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