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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.

Latest Updates

Garden Court Chambers | Sunday 1 September 2013

2013 08 Education

Nothing of note to update this month.

Garden Court Chambers | Sunday 1 September 2013

2013 08 Housing

Lee v Lasrado [2013] EWHC 2616 (QB) (Griffith Williams J): an appeal against an award of damages in an unlawful eviction case. The Respondent, Ms Lee was the tenant of Mr Lasrado. During her tenancy she suffered a number of incidents of harassment and in the summer of 2008 she returned to the property to […]

Garden Court Chambers | Sunday 1 September 2013

2013 08 Welfare Benefits

News New study on the impact of welfare reforms on tenants Published on 5 August '2013 impacts of welfare reforms' is a study produced by the Centre for Economic and Social Inclusion (Inclusion), which was commissioned by the Local Government Association. It contains an assessment of the cumulative impact of the government's welfare reforms and […]

Garden Court Chambers | Sunday 1 September 2013

2013 08 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 | Sunday 1 September 2013

2013 08 Mental Health

Dorset NHS Primary Care Trust & another v Timothy Frederick Coombs [2013] EWCA Civ 471 (Rix LJ, Aikens LJ, Black LJ): On dismissing the Trust’s appeal the court held that there was nothing inherent in the Mental Health Act 1983, the National Health Service Act 2006, or by way of public policy to exclude absolutely […]

Garden Court Chambers | Sunday 1 September 2013

2013 08 Incapacity

A NHS Trust v DE (by his litigation friend, the Official Solicitor) and FG and JK and C Local Authority and B Partnership Trust [2013] EWHC 2562 (Fam) (Mrs Justice Eleanor King DBE): A declaration was granted that it was lawful and in the best interests of DE, a learning disabled man, to undergo a […]

Garden Court Chambers | Thursday 8 August 2013

When is Judicial Review available as a Remedy in relation to Housing Benefit Issues where there are Possession Proceedings for Rent Arrears?

Where possession proceedings for rent arrears are based on discretionary grounds, there may be a defence based on reasonableness if a substantial housing benefit issue is outstanding: Haringey LBC v Powell (1995) 28 HLR 798, CA. Public funding, however, is no longer available to help resolve such housing benefit issues as welfare benefit is one […]

Garden Court Chambers | Thursday 1 August 2013

2013 07 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 […]