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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.

Latest Updates

Garden Court Chambers | Wednesday 23 December 2020

Social Welfare Update: Settled accommodation – Doka revisited

Blog by Connor Johnston. Liz Davies and Nick Bano of the Garden Court Housing Team acted for the Respondent Ms Broderick.

Garden Court Chambers | Wednesday 23 December 2020

Social Welfare Update: Overcrowding caused by children getting older not a “deliberate act” for purposes of housing allocation

Blog by Connor Johnston of the Garden Court Housing Team. Ed Fitzpatrick of the Garden Court Housing Team represented Mr Flores.

Garden Court Chambers | Wednesday 23 December 2020

Social Welfare Update: Contact for those in care homes – the need for an individualised and proactive approach

Blog by Helen Curtis of the Garden Court Chambers Court of Protection Team. Davies v Wigan Council & Anor [2020] EWCOP 60

Garden Court Chambers | Wednesday 23 December 2020

Social Welfare Update: Extension of Past Presence Test for DLA breaches disabled children’s Art 14 ECHR rights

Blog by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Law Team on TS (by TS) v Secretary of State for Work and Pensions (DLA); EK (by MK) v Secretary of State for Work and Pensions (DLA) [2020] UKUT 284 (AAC)

Garden Court Chambers | Friday 18 December 2020

Social Welfare Update: Mental Health Act 1983 conditional discharge and authorisation of deprivation of liberty under MCA 2005 Sch. A1 – whose decision is it anyway?

Blog by Helen Curtis of the Garden Court Chambers Mental Health Law Team. MC v Cygnet Behavioural Health Ltd and The Secretary of State for Justice [2020] UKUT 230 (AAC)

Garden Court Chambers | Friday 18 December 2020

Social Welfare Update: Payments from discretionary trust did not disentitle claimant from income-related ESA

Blog by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Law Team. SM v Secretary of State for Work and Pensions (ESA) [2020] UKUT 265 (AAC)

Garden Court Chambers | Thursday 17 December 2020

Social Welfare Update: Court of Appeal held NICE was right to use the Highly Specialised Drug procedure to appraise a new drug for treatment of phenylketonuria (PKU)

Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Cotter (A Child)) v National Institute for Health and Care Excellence (NICE) [2020] EWCA Civ 1037

Garden Court Chambers | Thursday 17 December 2020

Social Welfare Update: Inherent jurisdiction in relation to vulnerable adults – Guidance on urgent applications

Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. Mazhar v Birmingham Community Healthcare Foundation NHS Trust [2020] EWCA Civ 1377