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 | Tuesday 1 October 2013

2013 09 Children

R (KO) v LB of Lambeth [2013] EWHC 2637 (Admin) (Judge Alice Robinson): The Court refused to grant interim relief directing a local authority children's services to provide accommodation large enough for a mother and her baby but also to enable her 6-year-old son to stay overnight or possibly live with her. There were parallel […]

Garden Court Chambers | Tuesday 1 October 2013

2013 09 Education

WH v Warrington Borough Council (SEN) [2013] UKUT 391 (Judge David Williams): The Upper Tribual considered the proper interpretation of section 9 of the Education Act 1996 in terms of what factors are to be included in calculations performed for the purposes of quantifying what amounts to 'unreasonable public expenditure.' It was held that the […]

Garden Court Chambers | Tuesday 1 October 2013

2013 09 Housing

Statutory Homelessness: the latest Department of Communities and Local Government (DCLG) data on statutory homelessness was published on 5 September 2013. Between April – June 2013, there were 13,460 acceptances of the main housing duty by local housing authorities in England; up 5% from the same period in 2012. Click here to access the data. […]

Garden Court Chambers | Tuesday 1 October 2013

2013 09 Adult Care

R (South Tyneside Care Home Owners Association) v South Tyneside Council [2013] EWHC 1827 Admin (HHJ Belcher): (1) the cost of capital forms part of the cost of providing care and whilst there may be cases where this capital cost is properly met simply by capital growth due regard must be paid to the question […]

Garden Court Chambers | Tuesday 1 October 2013

2013 09 Welfare Benefits

News The 'Bedroom Tax' The UN's Special Rapporteur on the Bedroom Tax According to media reports, (click here), the UN's Special Rapporteur on Housing, Raquel Rolnik, recommended that the ‘Bedroom Tax’ should be abolished. On 11 September 2013, she told the Guardian (click here) that: “It's so clear that the government didn't really assess the […]

Garden Court Chambers | Tuesday 1 October 2013

2013 09 Incapacity

In the matter of Ruth Minna Boff Court of Protection No 12338771 COP, Senior Judge Denzil Lush: Dr Boff wished to appoint a replacement attorney to succeed her initial replacement attorney. The Judge held that the meaning of s.10(8) MCA 2005 was clear and prevented the appointment of a further replacement attorney. A replacement attorney […]

Garden Court Chambers | Sunday 1 September 2013

2013 08 Children

R v L; R v HVN; R v T; R v THN [2013] EWCA Crim 991 (LCJ Judge, Moses LJ, Thirwall J): The Court of Appeal Criminal Division heard 4 unrelated but linked appeals against conviction brought by four victims of trafficking, three of whom were children at the time of the conviction. The Court […]

Garden Court Chambers | Sunday 1 September 2013

2013 08 Education

Nothing of note to update this month.

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