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 | Saturday 1 June 2013

2013 05 Migrants

Ahmed (benefits: proof of receipt; evidence)[2013] UKUT 84(IAC) (1) In an entry clearance case involving the issue of adequacy of maintenance, the Upper Tribunal held that it will in general assist the First-tier Tribunal or, on appeal, the Upper Tribunal if, as part of the submission, a calculation is supplied which reflects the comparison between […]

Garden Court Chambers | Saturday 1 June 2013

2013 05 Adult Care

SAVE UK JUSTICE! PLEASE SIGN THE E-PETITION TO ASK THE MINISTRY OF JUSTICE NOT TO PROCEED WITH THEIR PLANS TO REDUCE ACCESS TO JUSTICE BY DEPRIVING SOCIETY'S UNDERPRIVILEGED AND MOST VULNERABLE OF LEGAL AID OR THE RIGHT TO REPRESENTATION BY THE SOLICITOR OF THEIR CHOICE. IF THE PETITION PASSES THE 100,000 THRESHOLD, THEN IT WILL […]

Garden Court Chambers | Saturday 1 June 2013

2013 05 Housing

Lambeth LBC v Harry Loveridge [2013] EWCA Civ 494 (Arden LJ, Briggs LJ, Sir Stanley Burnton): an unlawful eviction case. On the true construction of s28 Housing Act 1988, where a Local Authority unlawfully evicts a secure tenant from residential accommodation, in assessing the damages payable under s27, the fact that the secure tenancy would […]

Garden Court Chambers | Saturday 1 June 2013

2013 05 Welfare Benefits

More than 20,000 London households to lose benefit as a result of the benefit cap In response to a written question in Parliament on 13 May 2013, Work and Pensions Minister Mark Hoban provided details of the number of households in each London borough that are expected to see a fall in their weekly income […]

Garden Court Chambers | Saturday 1 June 2013

2013 05 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 | Saturday 1 June 2013

2013 05 Incapacity

Baker Tilly v Makar [2013] EWHC 759 (QB) Sir Raymond Jack: a costs Judge, Master Leonard, was conducting a detailed assessment of Baker Tilly’s (the claimant) bill of costs to be paid by the defendant, a litigant in person. On the second day of the hearing the defendant became tearful and the Court took a […]

Garden Court Chambers | Saturday 1 June 2013

2013 05 Children

R (on the application of T) v (1) Secretary of State for Justice (2) Birimingham Magistrates’ Court [2013] EWHC 1119 (Admin) (DC) (Sir John Thomas (President), Cranston J): A 13 year old boy with autism, ADHD and a severe impairment of intellectual functioning voluntarily attended a police station, knowing he had breached a bail condition. […]

Garden Court Chambers | Wednesday 1 May 2013

2013 04 Education

R (M and W) v LB of Hounslow [2013] EWHC 579 (Sales J): The Court was asked to consider whether the obligation to provide school transport to chidlren with special educational needs under s508B, Education Act 1996 requires the local authority provide transport from home to school to home or whether it could provide transport […]

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