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.

Filter by:

Latest Updates

Garden Court Chambers | Thursday 1 November 2012

2012 10 Adult Care

R (Members of the Committee of Care North East Newcastle) v Newcastle CC [2012] EWHC 2655 Admin (HHJ Gosnell): the local authority’s decision to fix care home “usual rates” was unlawful because (i) it had no rational basis for its view that an inflationary increase of 3% (staff costs) and 5% (other costs) was appropriate, […]

Garden Court Chambers | Thursday 1 November 2012

2012 10 Migrants

HK (Afghanistan) and Others (by their Solicitor & Litigation Friend Kamaljit Sandhu) v Secretary of State for the Home Department [2012] EWCA Civ 315 (Pill, Rimer, Elias, LJJ): Although the Upper Tribunal had been entitled to draw an adverse inference from the failure of Afghan minors to seek contact with their families, when concluding that […]

Garden Court Chambers | Thursday 1 November 2012

2012 10 Welfare Benefits

News Speaking to the Conservative Party conference on 8 October 2012 Chancellor George Osborne has confirmed that, if re-elected, the Conservative Party will make further cuts to the welfare budget of £10bn by the first full year of the next parliament. Universal Credit A new report published on 17 October 2012 from Children's Society, Citizens […]

Garden Court Chambers | Thursday 1 November 2012

2012 10 Housing

Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 (Lord Hope, Deputy President, Lord Walker, Lord Mance, Lord Clarke and Lord Sumption): Mr and Mrs Hickin were joint secure tenants but they separated. Mrs Hickin remained in the house with her daughter but later Mrs Hickin died. The daughter claimed that she had succeeded to […]

Garden Court Chambers | Monday 1 October 2012

2012 09 Incapacity

MW (by his litigation friend the Official Solicitor) v Hammersmith & Fulham LBC 29 July 2012 (HHJ Horowitz QC): MW lacked capacity to make decisions in relation to contact with his childhood friend JC. It was not in MW's best interests for JC to visit MW's home, so an order was granted restraining JC from […]

Garden Court Chambers | Monday 1 October 2012

2012 09 Mental Health

EC v Birmingham and Solihull Mental Health NHS Trust [2012] UKUT 178 (AAC) (Judge Rowland): An appeal and applications for judicial review against tribunals' refusals to hear arguments in relation to extra-statutory recommendations were dismissed. The tribunal held there is no legal right to advance these arguments as this is a sufficient reason for not […]

Garden Court Chambers | Monday 1 October 2012

2012 09 Children

HH and Anor v Deputy Prosecutor of the Italian Republic, Genoa and Anor [2012] UKSC 25; BH and Anor v The Lord Advocate and Anor (Scotland) [2012] UKSC 24: These are several conjoined appeals against extradition. All appellants are parents of young children. There is little dispute as to the impact upon the children of […]

Garden Court Chambers | Monday 1 October 2012

2012 09 Education

The Government seeks a significant overhaul of the special educational needs system. See the Green Paper and the House of Commons briefing here. See the Government's response (published in June 2012) to the consultation here.

We are top ranked by independent legal directories and consistently win awards.

+ View more awards