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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Latest Updates

Garden Court Chambers | Sunday 1 April 2012

2012 03 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 | Sunday 1 April 2012

2012 03 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 April 2012

2012 03 Welfare Benefits

News Items Reassessment of incapacity benefits claimants The reassessment of 1.5 million existing incapacity benefits claimants commenced on 11 October 2010 with a trial in the Burnley and Aberdeen areas but the full national reassessment process only began in 4 April 2011. The process is expected to take three years to complete The DWP has […]

Garden Court Chambers | Sunday 1 April 2012

2012 03 Mental Health

Reynolds v UK 2694/08 [2012] ECHR 437. A voluntary in-patient killed himself by breaking and jumping out of a sixth-floor window: the court held that there was an arguable claim that an operational duty under Article 2 arose to take reasonable steps to protect him from a real and immediate risk of suicide and that […]

Garden Court Chambers | Sunday 1 April 2012

2012 03 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 | Thursday 1 March 2012

2012 02 Adult Care

R (Broadway Care Centre Ltd) v Caerphilly CBC [2012] EWHC 37 Admin (HHJ Seys Llewellyn QC): the court dismissed the care home owner’s application for permission to apply for judicial review of the council’s decision to terminate its framework contract for the provision of residential care at one of its care homes, because of inadequate […]

Garden Court Chambers | Thursday 1 March 2012

2012 02 Education

New regulations relating to school admissions are coming into force on 1st February 2012. They are as follows: The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012. Click here for the new regulations. The School Admissions (Appeals Arrangements) (England) Regulations 2012 Click here for the new regulations. The School Admissions (Infant […]

Garden Court Chambers | Thursday 1 March 2012

2012 02 Migrants

R v N[2012] EWCA Crim 189 (LCJ, Royce J and Globe J): Court of Appeal analyses the meaning of Article 26 of the Council of Europe Convention on Action against the Trafficking of Human Beings and the approach the police and the Crown Prosecution Service to take in making decisions to prosecute an accepted victim […]

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