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 | Saturday 1 February 2014

2014 01 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 […]

Garden Court Chambers | Saturday 1 February 2014

2014 01 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 February 2014

2014 01 Housing

Solihull MBC v Khan [2014] EWCA Civ 41 (Rafferty and Beatson LJJ, Sir Robin Jacob): homelessness appeal dealing with the procedural requirements of a suitability review. Ms Khan applied to Solihull as homeless. She informed Solihull that she would not be able to live in the Chelmsley Wood area owing to fear of gang violence […]

Garden Court Chambers | Saturday 1 February 2014

2014 01 Welfare Benefits

News Restrictions on EEA Migrants’ Access to Benefits Over the Christmas break the government announced a number of changes affecting EU migrants’ access to benefits. These include: (i) a new three month residence requirement for jobseeker's allowance (JSA), which applies to British nationals returning from abroad; (ii) EEA jobseekers who make a new claim for […]

Garden Court Chambers | Saturday 1 February 2014

2014 01 Adult Care

R (Members of the Committee of Care North East Northumberland) v Northumberland County Council (27 November 2013) (extempore, no neutral citation as yet)(Aikens and Sullivan LJJ, Sir Stanley Burnton): the Council had lawfully had regard to the actual costs of care locally, when determining the levels of its payments to care home owners, not by […]

Garden Court Chambers | Friday 31 January 2014

2013 12 Housing

Spencer v Taylor [2013] EWCA Civ 1600 (Leveson, Macfarlane, and Lewison LJJ): requirements of s21 notice where fixed term tenancy has come to an end. Miss Taylor was the assured shorthold tenant of Mr Spencer. She was granted a six-month fixed term tenancy commencing on 6 February 2006. Upon the expiry of the fixed term […]

Garden Court Chambers | Wednesday 1 January 2014

2013 12 Incapacity

TA and AA (by his litigation friend The Official Solicitor) v Knowsley MBC [2013] EWCA Civ 1661, Moses, Black and Gloster LJJ: TA applied for permission to appeal against a decision of Peter Jackson J, who had dismissed TA's application for permission to appeal against a decision of HHJ Gore QC. The Court considered the […]

Garden Court Chambers | Wednesday 1 January 2014

2013 12 Children

FZ (DRC) v Secretary of State for the Home Department [2013] UKSC 74 (Lady Hale, Lords, Kerr, Reed, Toulson, Hodge): This case is an appeal against the dismissal of his judicial review application of the Secretary of State's decision that he did not qualify for asylum or humanitarian protection. He and his wife had a […]

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