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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: 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: 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

Garden Court Chambers | Thursday 17 December 2020

Social Welfare Update: Right to backdate benefit where claimant can no longer claim Housing Benefit after moving house to a Universal Credit full-service area

Blog by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Law Team. CP v Secretary of State for Work and Pensions (UC) [2020] UKUT 309 (AAC)

Garden Court Chambers | Thursday 17 December 2020

Social Welfare Update: Advance payments for NHS Treatment and Foreign Nationals – guidance changes

Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of MP) v Secretary of State for Health and Social Care [2020] EWCA Civ 1634