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

Bethan Harris

Court of Protection | Monday 31 July 2017

S21A MCA 2005 not appropriate where the central issue was whether CANH life-sustaining treatment was in a person’s best interests

Director of Legal Aid Casework (1) Secretaries of State for Health and for Justice (2) The Official Solicitor (3) v Briggs [2017] EWCA Civ 1169, 31 July 2017, President of the Queen’s Bench Division (Sir Brian Leveson), Lady Justice King and Lord Justice

Gráinne Mellon

Children | Monday 31 July 2017

High Court finds local authority breached Children Act 1989 for failing to carry out lawful assessment of autistic child

R (on the application of AC and SH) v London Borough of Lambeth Council [2017] EWHC 1796 (Admin) Case NO: CO/84/2017, 14 July 2017 The High Court has found that Lambeth London Borough Council failed to carry out a sufficiently wide, statutory guidance-

Desmond Rutledge

Welfare benefits | Monday 31 July 2017

The need for balance when assessing the claimant’s evidence

VS v Secretary of State for Work and Pensions (ESA): [2017] UKUT 274 (AAC) (Upper Tribunal Judge E. Jacobs) 30 June 2017

Desmond Rutledge

Welfare benefits | Monday 31 July 2017

Citizens Advice and National Federation of ALMOs call on the Government to pause the roll-out of Universal Credit

In their report ‘Delivering Universal Credit’, Citizens Advice ask the Government to pause the roll-out of full service Universal Credit (UC) to enable time to fix the problems that have become evident in full service UC areas.

Tim Baldwin

Adult social care | Sunday 30 July 2017

Cutting personal budgets for care

Davey, R (On the Application Of) v Oxfordshire County Council [2017] EWHC 354 (Admin) 27 February 2017. The claimant has quadriplegic cerebral palsy and severe visual impairment. He is dependent on a wheelchair, needed assistance with all his personal

Connor Johnston

Housing | Thursday 6 July 2017

Distinction between improvements and repairs

Dodd v Raebarn Estates Ltd [2017] EWCA Civ 439, 21 June 2017

Connor Johnston

Housing | Wednesday 5 July 2017

Service occupiers: exclusion from security of tenure regime compatible with ECHR

Hertfordshire County Council v Davies [2017] EWHC 1488 (QB), 21 June 2017

Connor Johnston

Housing | Wednesday 5 July 2017

Allocations: local lettings and undisclosed policies

R(C) v Islington London Borough Council [2017] EWHC 1288 (Admin), 31 May 2017

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