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 | Friday 24 September 2010

Welfare Benefits

In a press release dated 22 April 2015, the Trussell Trust reported that: 97 per cent of foodbank managers reported that administrative delays in paying benefits were a significant factor in driving demand; 91 per cent cited benefit sanctions; and 84 per cent identified ‘stoppage’ of ESA; ‘low income’ referrals have grown from 20 percent […]

Garden Court Chambers | Friday 24 September 2010

Education

R (ER) v Commissioner for Local Administration (Local Government Ombudsman) and London Borough of Hillingdon [2014] EWCA Civ 1407 (LLJ Moore-Bick, Aikens, Bean): The Local Government Ombudsman had no jurisdiction to investigate the consequences of a local authority's decision if the investigation itself was excluded by the Local Goverment Act 1974 section 26(6). The judicial […]

Garden Court Chambers | Friday 24 September 2010

Incapacity

NM v Kent County Council [2015] UKUT 125 (AAC), Edward Jacobs, Upper Tribunal Judge: NM had diagnoses of learning disability with behavioural problems and paedophilic sexual interest. He was subject to guardianship under s. 7 Mental Health Act 1983 (MHA 1983) and also to a standard authorisation (DOLS) under MCA 2005 in respect of his […]

Garden Court Chambers | Sunday 19 September 2010

Practice Note: The Government’s view of reform of adult social care

On the 16 September 2010 the Department of Health, on behalf of the Government, responded to the Law Commission’s consultation paper “Adult Social Care” consultation paper 192 (click here to access the consultation paper). The Government stated, in addition to the response, the following: “The Government therefore agrees with the Law Commission that the legislative […]

Garden Court Chambers | Thursday 16 September 2010

Housing Benefit cuts – the proposed changes to local housing allowance in 2011

Changes to Housing Benefit paid in the private sector in the form of local housing allowance were first announced in the Emergency Budget in June 2010. From April 2010 the changes include: – local housing allowance levels will be restricted to the 4 bedroom rate; a new upper limit will be introduced for each property […]

Garden Court Chambers | Friday 10 September 2010

Age dispute challenges post A v Croydon in the Supreme Court

1. A decision on age for an unaccompanied young person is a gateway decision used for the purposes of determining eligibility for services and accommodation under sections 17 and 20 of the Children Act 1989 and has important legal implications on the way the UK Border Agency decides a young person’s immigration status. 2. Until […]

Garden Court Chambers | Friday 10 September 2010

Appeal tribunals’ power to reduce an existing award of DLA

An appeal tribunal’s jurisdiction to deal with an aspect of an award not put in issue between the parties, and the circumstances in which a tribunal may exercise its jurisdiction, can raise difficult questions of procedural fairness and has been the subject of a number of recent decisions of the Upper Tribunal. Claimants who have […]

Garden Court Chambers | Thursday 2 September 2010

Practice Note: Who is a former relevant child?

Certain young adults are entitled to continued support and, sometimes, accommodation from local authority children’s services. Colloquially, they are referred to as ‘care leavers’. In reality, it is by and large the group known as ‘former relevant children’ who are owed the widest range of powers and duties by local authority social services. The term […]

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