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 | Saturday 1 October 2011

2011 09 Children

Just after the updates were sent out two new cases relevant to migrant children: R (AN) v Secretary of State for the Home Department; R (FA) v Secretary of State for the Home Department, extempore judgment 27/7/2011 (Mitting J): The linked representative claims challenged the SSHD's conduct of illegal entry interviews at port on unaccompanied […]

Garden Court Chambers | Saturday 1 October 2011

2011 09 Adult Care

R (JG and MB) and Lancashire CC [2011] EWHC 2295 Admin (Kenneth Parker J): the local authority had acted lawfully in setting a reduced global budget for adult social care, in changing its FACS threshold to meet “substantial” and “critical” needs only and in increasing its charges. In particular, its budgetary decision had lawfully complied […]

Garden Court Chambers | Thursday 1 September 2011

2011 08 Welfare Benefits

New Cases In Secretary of State for Work and Pensions v JL (DLA) [2011] UKUT 293 (AAC) a panel of three judges of the Upper Tribunal was convened to considered the payability of disability living allowance (“DLA”) for retrospective self-funders’. The claimant suffered from schizo-affective disorder. His daughters had an enduring joint power of attorney […]

Garden Court Chambers | Thursday 1 September 2011

2011 08 Housing

Barnsley MBC v Norton [2011] EWCA Civ 834, (Maurice Kay LJ, Carnwath LJ, Lloyd LJ): the Claimant sought an order for possession of a house rented to a school caretaker. There was no security of tenure. The caretaker’s 19-year old daughter, who lived with her parents in the property, had cerebral palsy. The property had […]

Garden Court Chambers | Thursday 1 September 2011

2011 08 Incapacity

Manchester City Council v G, E (by his litigation friend the Official Solicitor) and F [2011] EWCA Civ 930 (Mummery LJ, Hooper LJ, McFarlane J): E was a 20-year old man who had tuberous sclerosis and serious learning difficulties. He lacked capacity. He had been in the care of F between 1995 and 2009. G […]

Garden Court Chambers | Thursday 1 September 2011

2011 08 Mental Health

MB v BEH MH NHS Trust (2011) UKUT 328 (AAC) (Judge Levenson): The upper tribunal held that following the Responsible Clinician’s evidence and without hearing any other witnesses or submissions on the law and evidence, the First Tier Tribunal judge stated that the patient could not obtain a conditional discharge and invited the patient to […]

Garden Court Chambers | Thursday 1 September 2011

2011 08 Children

Just after the updates were sent out two new cases relevant to migrant children: R (AN) v Secretary of State for the Home Department; R (FA) v Secretary of State for the Home Department, extempore judgment 27/7/2011 (Mitting J): The linked representative claims challenged the SSHD's conduct of illegal entry interviews at port on unaccompanied […]

Garden Court Chambers | Thursday 1 September 2011

2011 08 Adult Care

R (SL) v City of Westminster [2011] EWCA Civ 954 (Laws, Richards and Rimer LJJ): the Court of Appeal held that SL, a failed asylum-seeker, had been entitled to residential accommodation, on the basis that he suffered from PTSD and depression and required weekly monitoring by his care co-ordinator as well as some help by […]

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