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 | Thursday 1 March 2012

2012 02 Housing

The Mayor and Commonalty and Citizens of London v Tammy Samede (Representative of this persons taking part in a protest cam at St Paul’s churchyard) & 5 others [2012] EWCA Civ 160 (Lord Neuberger (MR), Stanley Burnton LJ, McFarlane LJ): The applicants applied for permission to appeal against a decision ([2012] EWHC 34 (QB) ) […]

Garden Court Chambers | Thursday 1 March 2012

2012 02 Welfare Benefits

Welfare Reform Bill 2011 Update The Government lost a further vote in the House of Lords on the ‘bedroom tax’ in the Welfare Reform Bill 2011 (the reduction in housing benefit due to underoccupying where those people had no more than one spare room and no suitable accommodation was available). On 14 February 2012 peers […]

Garden Court Chambers | Thursday 1 March 2012

2012 02 Mental Health

Stanev v Bulgaria 36760/06 (2012) ECHR 46: The Court held that the applicant's placement in a social care home for people with mental disorders combined with his inability to obtain permission to leave the home led to breaches of Article 5(1), (4) and (5) of the European Convention of Human Rights. Further the living conditions […]

Garden Court Chambers | Thursday 1 March 2012

2012 02 Incapacity

K v LBX & L(by his litigation friend the Official Solicitor) & M [2012] EWCA Civ 79 (Thorpe LJ, Black LJ and Davis LJ): L was a 28-year old man with a mild mental retardation such that he lacked capacity. He had lived with his father, K, and his brother since 2001 (save for a […]

Garden Court Chambers | Thursday 1 March 2012

2012 02 Children

R (HA) v Hillingdon LBC [2011] EWHC 291 (Admin) (Bean J): Application for interim relief against a local authority in an age dispute challenge. Permission was granted to challenge an assessment of age carried out by Hillingdon whilst the Claimant was in detention in the local authority’s area. He was released and dispersed by UKBA […]

Garden Court Chambers | Thursday 23 February 2012

The Deprivation of Capital Rule in Welfare Benefits

Practice Note THE DEPRIVATION OF CAPITAL RULE IN WELFARE BENEFITS A SUMMARY OF THE CASE LAW ON ITS APPLICATION Under the 'deprivation of capital rule', a claimant who deprives him or herself of capital for the purpose of retaining or obtaining entitlement to means-tested benefits (i.e. Income Support, Housing and Council Benefit, income-based Jobseeker's Allowance, […]

Garden Court Chambers | Wednesday 1 February 2012

2012 01 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 | Wednesday 1 February 2012

2012 01 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 […]

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