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 | Sunday 1 December 2013

2013 11 Incapacity

Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 (Lord Neuberger, Lady Hale, Lords Clarke, Carnwath and Hughes): Mr J was a patient on the hospital’s critical care unit, on a ventilator and considered to lack capacity to make decisions about his medical treatment. He appeared to be able to recognise and take […]

Garden Court Chambers | Friday 15 November 2013

Local Authority Liability in Negligence

1. One would not pin an adult social care label on Woodland v Essex CC [2013] UKSC 66 but it could have a significant impact on the provision of adult, as well as children’s social care. It was a damages claim brought on behalf of a young girl who, when aged 10, suffered a serious […]

Garden Court Chambers | Friday 1 November 2013

2013 10 Children

R (ML) v Youth Justice Board [2013 EWHC 3083 (Admin) (Irwin J): The Claimant challenged the decision of the Youth Justice Board ('YJB') to transfer him from a secure training centre to a young offender institution. The Claimant, 17, had a troubled background and was of limited intelligence. A youth court directed that he should […]

Garden Court Chambers | Friday 1 November 2013

2013 10 Education

Woodland v Essex CC [2013] UKSC 66 (Lady Hale, Lords Clarke, Wilson, Sumpton, Toulson): An important judgment of the Supreme Court which extends the circumstances in which schools and local authorities will be liable for injuries caused to the children in their care that are caused by negligence. The Claimant was a pupil at Whitmore […]

Garden Court Chambers | Friday 1 November 2013

2013 10 Housing

Tolui v Rent Assessment Committee QBD (Admin) (Unreported) 8 October 2013 (Cox J): a case involving the calculation of fair rent under a Rent Act tenancy. The landlord T, carried out work on a property prior to and during 2009. In 2008 and 2009 he had made applications to the Rent Assessment Committee (the Committee) […]

Garden Court Chambers | Friday 1 November 2013

2013 10 Adult Care

R (Bhatti) v Bury MBC[2013] EWHC 3093 Admin (HHJ Pelling QC): in a case where proceedings were settled on the basis that the local authority would complete a fresh community care and financial assessment, unless the circumstances were exceptional, the appropriate course was for a claimant aggrieved by the fresh assessments to issue a fresh […]

Garden Court Chambers | Friday 1 November 2013

2013 10 Welfare Benefits

News Savings from the bedroom tax likely to be ‘substantially lower’ than projected New research from the University of York’s Centre for Housing Policy published on 14 October 2013 highlights 'serious shortcomings' in the DWP model used to project savings of 480m in 2013/1204. The research shows that real data available from housing organisations since […]

Garden Court Chambers | Friday 1 November 2013

2013 10 Incapacity

A Local Authority v ED (by her litigation friend, the Official Solicitor) and Mr D and Mrs D [2013] EWHC 2069 (COP)(Wood J): The judge considered the costs incurred in the case as “an astonishing sum of money”, was “baffled” by the course the litigation had taken and “perplexed” by the lack of clarity in […]

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