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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Connor Johnston

Capacity, Housing | Friday 22 June 2018

Capacity to make a homeless application

WB (a protected party through her litigation friend the Official Solicitor) v W District Council [2018] EWCA Civ 928, 26 April 2018

Connor Johnston

Housing | Friday 22 June 2018

Damages for unlawful eviction

Mr Smith was the assured shorthold tenant of Mr Khan. The tenancy commenced in June 2014. It was for a fixed term of 12 months.

Connor Johnston

Housing | Friday 22 June 2018

Whether to award ECHR damages for breach of homelessness duties

The claimant, M, was an Irish national with three children. The middle child, T, had spastic quadriplegic cerebral palsy and bilateral hip dislocation and relied on a wheelchair to mobilise.

Connor Johnston

Housing, Migrant support | Friday 22 June 2018

Young people brought to UK under ‘Dubs amendment’ to be eligible for homelessness assistance and allocation of social housing

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018, SI 2018/730

Connor Johnston

Housing, Migrant support | Friday 22 June 2018

Trafficking victims: suitable accommodation and damages

XPQ v Hammersmith and Fulham London Borough Council [2018] EWHC 1391 (QB), 7 June 2018

Bethan Harris

Housing | Friday 22 June 2018

Housing and disabled people - Britain's hidden crisis: an inquiry by the Equality and Human Rights Commission

“I have not been outside since 2011 except for essential hospital stays. My flat is on the second floor with no lift; it is not wheelchair accessible, and although I have and need a power wheelchair, I cannot even use it indoors as the flat is not adapted

Desmond Rutledge

Welfare benefits | Friday 22 June 2018

EU co-ordination rules do not provide for entitlement to child benefit in respect of a step child resident in another Member State

Her Majesty's Revenue and Customs v MB: [2018] UKUT 162 (AAC), Judge Jacobs, 8 May 2018

Desmond Rutledge

Welfare benefits | Friday 22 June 2018

A child’s right to education and a parent's derivative right to reside is dependent on a common period of residence when the parent was a worker

In Bolton Metropolitan Borough Council v HY (HB): [2018] UKUT 103 (AAC), Judge Ward, 23 March 2018, the claimant, HY, a Dutch national, had moved to the UK in December 2012. 

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