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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Garden Court Chambers | Sunday 1 July 2012

2012 06 Housing

Sheridan & others v Basildon Borough Council (Formerly Basildon DC) [2012] EWCA Civ 335 (Sir Andrew Morritt (Chancellor), Patten LJ, Pitchford LJ): The Court of Appeal held there was no error of law in decisions of a local authority review panel which determined that offers of accommodation made to Irish travellers , who had been […]

Garden Court Chambers | Sunday 1 July 2012

2012 06 Welfare Benefits

Case law HG v Secretary of State for Work and Pensions (SPC) [2011] UKUT 382 (AAC): This concerned a Polish claimant, HG, who came to live in the UK with her daughter, Mrs D, and the daughter’s British husband. Although the daughter worked, Mrs G’s Pension Credit claim was refused because the daughter had dual […]

Garden Court Chambers | Sunday 1 July 2012

2012 06 Mental Health

DD v (1) Durham County Council (2) Middlesbrough City Council [2012] EWHC 1053 (QB)(Eady J): An application for permission to issue a claim under the s 139 of the Mental Health Act 1983 for false imprisonment and for breach of human rights was refused where there was no real prospect of establishing liability against the […]

Garden Court Chambers | Sunday 1 July 2012

2012 06 Incapacity

DL v A Local Authority & others [2012] EWCA Civ 253 CA (Maurice Kay LJ, McFarlane LJ and Davis LJ): Mr and Mrs L were the elderly parents of DL, who was in his 50s. Mrs L was physically disabled. The Local Authority was concerned about DL's alleged conduct towards his parents, said to be […]

Garden Court Chambers | Tuesday 12 June 2012

KM – the case that never was.

In R (KM) v Cambridgeshire CC [2012] UKSC 23 (click here for the transcript), the Supreme Court (Lord Phillips, Lord Walker, Lady Hale, Lord Brown, Lord Kerr, Lord Dyson and Lord Wilson) has delivered its second community care judgment in 12 months, the first being R (McDonald) v Kensington & Chelsea RLBC [2011] UKSC 33 […]

Garden Court Chambers | Friday 1 June 2012

2012 05 Children

R (AS) v LB of Croydon[2012] EWHC 356 (Admin) (Lang J): The local authority’s assessment of the Claimant’s age was correct and upon hearing evidence from the parties, the Court concluded that the Claimant was likely to be the age assessed, not claimed. A declaration was made to that effect. Other matters: UKBA announced on […]

Garden Court Chambers | Friday 1 June 2012

2012 05 Adult Care

R (De Almeida) v Kensington & Chelsea RLBC [2012] EWHC 1082 Admin (Lang J): the refusal of the defendant local authority to make arrangements for the claimant, a Portuguese national no longer exercising free movement rights and living with HIV/AIDS, under section 21 of the National Assistance Act 1948, was unlawful as contrary to Article […]

Garden Court Chambers | Friday 1 June 2012

2012 05 Education

R (on the application of Lambeth LBC) v Lambeth Independent Appeals Panel (2012) extempore, 23rd March 2012 (John Howell Q.C).: Successful judicial review brought by the Local Authority against a decision of an IAP to allow an appeal against the local authority’s decision not to admit a child to the reception class of a primary […]

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