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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 | Thursday 1 August 2013

2013 07 Education

Nothing of note to update this month.

Garden Court Chambers | Thursday 1 August 2013

2013 07 Housing

Malik v Persons Unknown [2013] EWCA Civ 798 (Lloyd and Toulson LJJ and Sir Alan Ward): a challenge to the rule in McPhail v Persons Unknown [1993] Ch 447. The Defendants had been squatting on an area of land close to Heathrow Airport since 2010. They were part of a group known as “Grow Heathrow” […]

Garden Court Chambers | Thursday 1 August 2013

2013 07 Welfare Benefits

News New DWP statistics on first phase of the benefit cap On 3 July 2013 the DWP issued ad hoc statistics based on data relating to the first phase of the cap that began, on 15 April 2013, in Bromley, Croydon, Enfield and Haringey. Key findings include that, at the end of May 2013, across […]

Garden Court Chambers | Thursday 1 August 2013

2013 07 Adult Care

THE ONLINE PETITION CALLING FOR A HALT TO REDICAL NEW PLANS TO CUT LEGAL AID HAS REACHED 100,000 SIGNATURES This matter should now be debated in parliament. For further details see press release ‘Petition reaches 100,000!’ on the Young Legal Aid Lawyers’ website. Click here. A backbench debate on Legal Aid Reform took place on […]

Garden Court Chambers | Thursday 1 August 2013

2013 07 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 | Thursday 1 August 2013

2013 07 Incapacity

PS v LP[2013] EWHC 1106 (COP) (HHJ Cardinal): concerned whether it was in the best interests of LP to have contact with her husband and family. She had left home aged 59 with another man, alleging domestic abuse from her family, not wishing to be traced by them, and shortly afterwards had a stroke such […]

Garden Court Chambers | Monday 1 July 2013

2013 06 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 […]