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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Desmond Rutledge

Welfare benefits | Tuesday 11 September 2018

Zambrano carer entitled to Child Benefit and Child Tax Credit based on an Agreement between the EU and Morocco

Her Majesty's Revenue and Customs v HEH and Secretary of State for Work and Pensions (TC and CHB): [2018] UKUT 237 (AAC) Judge Ward, 17 July 2018

Bethan Harris

Capacity, Children | Tuesday 11 September 2018

Deprivation of liberty and local authority care arrangements for children

Re A-F (Children) (No. 2) [2018] EWHC 2129 (Fam), Sir James Munby, 8 August 2018

Bethan Harris

Adult social care | Tuesday 11 September 2018

Care Act 2014: reduction in care package for woman with multiple sclerosis upheld

R (on the application of) VI v London Borough of Lewisham [2018] EWHC 2180 (Admin), Andrew Henshaw QC (sitting as a Judge of the High Court), 15 August 2018

Court of Protection | Tuesday 11 September 2018

Cost orders and the Court of Protection

(London Borough of Lambeth v MCS (by her litigation friend the Official Solicitor) (1) Lambeth CCG (2) [2018] EWCOP 14;  and London Borough of Lambeth v MCS (by her litigation friend the Official Solicitor) (1); and Lambeth CCG (2)[2018] EWCOP 20)

Emma Fitzsimons

Children | Tuesday 11 September 2018

The Supreme Court finds that the requirement that parents be married or in a civil partnership in order to claim Widowed Parent’s Allowance is incompatible with Article 14 ECHR read with Article 8 ECHR and A1P1

Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48 – 30 August 2018

Emma Fitzsimons

Children | Wednesday 5 September 2018

Successful judicial review challenge to council’s decision to reduce special education needs funding by £5 million

R (on the application of (1) KE; (2) IE; and (3) CH) v Bristol City Council [2018] EWHC 2103 (Admin) – 3 August 2018

Connor Johnston

Housing | Wednesday 5 September 2018

Application of public sector equality duty to whether accommodation ‘reasonable to continue to occupy’

Lomax v Gosport BC [2018] EWCA Civ 1846, 01 August 2018

Connor Johnston

Housing | Tuesday 4 September 2018

Circumstances in which local authority may reconsider homelessness decision

R (Sambotin) v London Borough of Brent [2018] EWCA Civ 1826, 31 July 2018

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