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 | 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 | 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 | 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 […]

Garden Court Chambers | Monday 30 August 2010

Practice Note: deprivations of liberty by private individuals and the local authority role

On the 4th May 2010 Lord Justice Munby handed down judgment in the case of In the matter of A (dob 19.6.2001), A Local Authority v A and others [2010] EWHC 978 Fam. The issue in the case was in what circumstances could there be a deprivation of liberty (“DOL”), engaging the protection of Article […]

Garden Court Chambers | Thursday 26 August 2010

Dowry Payments

A number of relatively complex issues can arise in relation to “dowry payments” and, more generally, in relation to NHS funding for social services expenditure on former NHS patients. The expression “dowry payment” generally refers to the payments that an NHS body has agreed to pay in respect of the cost, to a social services […]

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