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 | Tuesday 1 May 2012

2012 04 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 | Tuesday 1 May 2012

2012 04 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 | Tuesday 1 May 2012

2012 04 Welfare Benefits

Legal Aid, Sentencing and Punishment of Offenders Bill On Tuesday, 17 April 2012, the Government overturned the House of Lords' amendment to the LASPO Bill which had brought welfare benefits back into the scope of legal aid. That amendment was overturned in the House of Commons by 288 votes to 246. The Government relied on […]

Garden Court Chambers | Tuesday 1 May 2012

2012 04 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 | Tuesday 1 May 2012

2012 04 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 | Sunday 1 April 2012

2012 03 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 | Sunday 1 April 2012

2012 03 Adult Care

The Welsh Government is consulting on a draft Social Services (Wales) Bill, to create a coherent legislative framework, bringing together social services' duties towards children and adults. The Bill proposes a new concept of “people in need”. Consultation closes on 1 June 2012. For more details click here. R (Bevan & Clarke LLP and others) […]

Garden Court Chambers | Sunday 1 April 2012

2012 03 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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