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 | Monday 1 July 2013

2013 06 Housing

Holt v Reading BC [2013] EWCA Civ 641 (Arden LJ, Kitchin LJ and Sir David Keene): a ground 16 appeal. H had lived for the entirety of her adult life in a property; a detached three bed house with front and rear garden. The tenancy of the property had originally been granted to her father […]

Garden Court Chambers | Monday 1 July 2013

2013 06 Welfare Benefits

News Church leaders ask for an apology from the government for misrepresenting benefit claimants On 7 June 2013 an alliance of Churches representing Christians from England, Scotland, Wales and Ireland wrote to the Prime Minister asking for an apology on behalf of the Government for misrepresenting the poor. The letter highlights three recent examples of […]

Garden Court Chambers | Monday 1 July 2013

2013 06 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 | Monday 1 July 2013

2013 06 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 | Monday 1 July 2013

2013 06 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 | Saturday 29 June 2013

Residential Accommodation and Persons Subject to Immigration Control

1. In the R (L) v Westminster City Council [2013] UKSC 27, [2013] 1 WLR 1445, the Supreme Court revisited the circumstances in which a person from abroad will be entitled to residential accommodation under section 21 of the National Assistance Act 1948 (“section 21”). 2. This is the third occasion on which the House […]

Garden Court Chambers | Tuesday 18 June 2013

Court of Protection powers that help vulnerable tenants who hoard or refuse access to remain in their homes

By Bethan Harris of Garden Court Chambers and Neil Jeffs of Sternberg Reed The situation of tenants who hoard excessive amounts of goods so as to put their and other tenants’ health and safety at risk, or who repeatedly refuse access for essential repairs, can be very difficult to resolve. They are vulnerable individuals whose […]

Garden Court Chambers | Saturday 1 June 2013

2013 05 Education

Nothing of note to update this month.

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