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

Children, Housing | Monday 2 April 2018

Public law defences to possession proceedings

Davies v Hertfordshire County Council [2018] EWCA Civ 379, 6 March 2018

Bethan Harris

Adult social care | Tuesday 27 March 2018

Care Act 2014 personal budgets must be transparent; family care not to be assumed; Unjust enrichment claim was “against public policy”

CP v North East Lincolnshire Council [2018] EWHC 220 (Admin), 9 February 2018 HHJ Graham Wood QC

Connor Johnston

Housing | Tuesday 27 March 2018

Green light to discrimination challenge to statutory succession rules

Haringey London Borough Council v Simawi [2018] EWHC 290 (QB), 19 February 2018

Desmond Rutledge

Children, Welfare benefits | Monday 26 March 2018

Upper Tribunal considers what evidence is required to accompany an application for a national insurance number

OM v Her Majesty's Revenue and Customs (CHB) (Benefits for children - other) [2018] UKUT 50 (AAC)

Court of Protection | Monday 5 March 2018

Joint Committee on Human Rights: reform of Deprivation of Liberty Safeguards

Emma Fitzsimons

Capacity, Children | Monday 5 March 2018

Guidance on Article 5 compliance when a child in local authority care is deprived of their liberty

Re A-F (Children) (Care Orders: Restrictions on Liberty) [2018] EWHC 138 (Fam), Sir James Munby P, 31 January 2018

Court of Protection | Monday 5 March 2018

Islamic marriage (nikkah) was valid as presumption of capacity not rebutted; declaration of non-marriage under English law

AB v HT, LB Hammersmith & Fulham, M (by her litigation friend the Official Solicitor) and MS [2018] EWCOP 2, Baker J, 26 January 2018

Desmond Rutledge

Welfare benefits | Monday 5 March 2018

High Court rules 'blatantly discriminatory' amendments to PIP criteria unlawful

RF v Secretary of State for Work and Pensions [2017] EWHC 3375 (Admin) Mostyn J, 21 December 2017

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