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

Connor Johnston

Housing | Monday 3 September 2018

Reliance on Equality Act defence at warrant stage

Paragon Asra Housing Ltd v Neville [2018] EWCA Civ 1712, 26 July 2018

Connor Johnston

Housing | Sunday 2 September 2018

Allocation of social housing (1): challenge to 10-year residence requirement

R (Gullu) v London Borough of Hillingdon [2018] EWHC 1937 (Admin), 26 July 2018

Bethan Harris

Adult social care, Capacity, Court of Protection, Health care | Friday 20 July 2018

Mental Capacity (Amendment) Bill starts its journey through Parliament: the replacement of DoLS

The Bill introduces a new administrative scheme for authorisation of deprivation of liberty arising from arrangements for care or treatment of persons lacking capacity to consent to those arrangements.

Connor Johnston

Housing | Friday 20 July 2018

Rent arrears, housing benefit problems and intentional homelessness

Oduneye v London Borough of Brent [2018] EWCA Civ 1595, 5 July 2018

Connor Johnston

Housing | Friday 20 July 2018

Homelessness: whether ‘minded to’ letter must offer face-to-face interview

Kamara v London Borough of Southwark, Leach v St Albans City and District Council, Piper v South Bucks District Council [2018] EWCA Civ 1616, 12 July 2018

Emma Fitzsimons

Children | Friday 20 July 2018

When will damages awarded under the HRA for breaches of duty by Local Authorities following care proceedings be subject to the statutory charge?

Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC1628 (Fam), 5 June 2018

Emma Fitzsimons

Children, Migrant support | Friday 20 July 2018

High Court gives guidance on the relationship between applications in the family court for FGM protection orders for children and existing immigration proceedings in the Tribunal

BA, AA and JA, AA (Female Genital Mutilation Protection Orders and Immigration Appeals) [2018] EWHC 1754 (Fam), 3 July 2018

Connor Johnston

Housing | Friday 22 June 2018

Suspended possession orders: procedure for enforcement and proleptic discharge provisions

The appellant, Mr Armstrong, was the secure tenant of the Respondent, Ashfield DC. In June 2013, following a trial, a suspended possession order was made in respect of Mr Armstrong’s home.

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