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 | Wednesday 1 May 2013

2013 04 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 | Wednesday 1 May 2013

2013 04 Adult Care

R (Bracking) v Secretary of State for Work and Pensions [2013] EWHC Admin 897 (Blake J): it had been lawful to close the Independent Living Fund; due regard had been had to the potential impact on disabled beneficiaries for the purposes of the public sector equality duty and sufficient information had been provided for the […]

Garden Court Chambers | Wednesday 1 May 2013

2013 04 Housing

Johnson v Old [2013] EWCA Civ 415 (Arden LJ, Jackson LJ and Sir John Chadwick): a tenancy deposit case. Second appeal from the County Court. The appellant, Mrs Old, was an assured shorthold tenant. She entered into a six month fixed term tenancy in 2009. The tenancy agreement provided that “[t]he first six months rent […]

Garden Court Chambers | Wednesday 1 May 2013

2013 04 Welfare Benefits

Waiting time for ESA appeals According to a response to a written question in Parliament, there was a 17.4 weeks average waiting time for disposal of WCA appeals between April and December 2012. According to the reply, the average waiting times from receipt of an employment and support allowance appeal at HMCTS to disposal were: […]

Garden Court Chambers | Wednesday 1 May 2013

2013 04 Mental Health

DD v Durham County Council & anor [2013] EWCA Civ 96 (Sir John Thomas (President), Moore-Bick LJ, Rimer LJ): This appeal was against the refusal of the appellant’s application for permission to bring a claim against the local authorities under s 139(2) of the Mental Health Act 1983 (“the MHA 1983”) as a result of […]

Garden Court Chambers | Wednesday 1 May 2013

2013 04 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 | Wednesday 1 May 2013

2013 04 Children

R (H) v Kingston Upon Hull City Council [2013] EWHC 388 (Admin) (HHJ Jeremy Richardson QC): A judicial review claim brought by the mother of two children who sought to impugn a local authority's decision to remove her children from the care of a family member into foster care without consultation or judicial review for […]

Garden Court Chambers | Monday 1 April 2013

2013 03 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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