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 | Friday 1 February 2013

2013 01 Children

R (KA) v Essex CC [2013] EWHC 43 Admin (Mr Robin Purchas QC): the local authority was required to continue to support a destitute Nigerian family, under section 17 of the Children Act 1989, because although their applications for LTR in the UK had been refused (without there being a right of appeal), they had […]

Garden Court Chambers | Friday 1 February 2013

2013 01 Education

In the matter of an Application by A (a minor) by His Mother and Next Friend for Judicial Review [2012] NIQB 106 (Treacy J): This case raises the issue of whether a young person who is difficult to engage in education can be placed on a reduced timetable and left the choice of whether or […]

Garden Court Chambers | Tuesday 1 January 2013

2012 12 Migrants

R(Daha Essa) v Upper Tribunal (Immigration and Asylum Chamber and anr[2012] EWCA Civ 1547 (Maurice Kay, V-P, Touslon LJ, Aikens LJ): E was an EU citizen who the Secretary of State had decided to deport following his conviction for criminal offences. The First-tier Tribunal dismissed his appeal and permission to appeal was refused by that […]

Garden Court Chambers | Tuesday 1 January 2013

2012 12 Welfare Benefits

Legal Aid and Welfare Benefits On 4 December 2012 the government was defeated in the House of Lords on legal aid for first-tier tribunal welfare benefits cases. Peers voted by 201 to 191, to accept a motion by Lord Bach that the House decline to approve the Legal Aid, Sentencing and Punishment of Offenders Act […]

Garden Court Chambers | Tuesday 1 January 2013

2012 12 Housing

Richmond upon Thames LBC v Kubicek [2012] EWHC 3292 (QB) (Leggatt J): This appeal concerned the circumstances in which is it permissible for a county court hearing an appeal under section 204 Housing Act 1996 to receive evidence on and decide a question of fact relevant to the review decision. The appellant, Mrs Kubicek, made […]

Garden Court Chambers | Tuesday 1 January 2013

2012 12 Incapacity

J Council v GU (by his litigation friend, the Official Solicitor)(1), J Partnership NHS Foundation Trust (2), Care Quality Commission (3) and X Limited (4) [2012] EWHC 3531 (COP), Mostyn J: the court approved an agreed order containing detailed policies for regulating the highly restrictive regime imposed on a person lacking mental capacity, George, who […]

Garden Court Chambers | Tuesday 1 January 2013

2012 12 Mental Health

RM v Scottish Ministers [2012] UKSC 58 (Lord Hope JSC (Deputy President), Lady Hale JSC, Lord Wilson JSC, Lord Reed JSC, Lord Carnwath JSC). In allowing an appeal the Supreme Court held that the failure of Scottish Ministers to make the necessary regulations to bring into effective operation sections 268 – 271 of the Mental […]

Garden Court Chambers | Tuesday 1 January 2013

2012 12 Children

E (A CHILD) (Thorpe LJ, Rimer LJ, Baron J) extempore judgment 22/11/2012: A court was not prevented by the Children Act 1989 s100 from making a child a ward of court where the child was accommodated pursuant to section 20, Children Act 1989. In circumstances where a child was s20 accommodated, the lower court was […]

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