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 | Wednesday 31 May 2017

A judicial review brought by local authorities challenging the government for failing to fund them to meet the extra costs of the deprivation of liberty safeguards after the UKSC decision in the Cheshire West case was dismissed.

R on the application of Liverpool CC (1) Nottinghamshire CC (2) LB of Richmond-upon-Thames (3) Shropshire Council -and- Secretary of State for Health, and Secretary for Communities and Local Government (Interested Party)[2017] EWHC 986 (Admin), Garnham J,

Children | Friday 26 May 2017

Corporate parenting enshrined in new Act

Children and Social work Act 2017 received Royal Assent

Desmond Rutledge

Welfare benefits | Friday 26 May 2017

Proportionality not relevant to refusal of right to reside for Greek claimant in the UK for 30 years - A lacuna in right to reside law must be found in EU law and not in domestic benefit law

Secretary of State for Work and Pensions v AC (UC): [2017] UKUT 130 (AAC),

Desmond Rutledge

Welfare benefits | Friday 26 May 2017

Periods of residence and a permanent right of residence

GE v Secretary of State for Work and Pensions (ESA) (Residence and presence conditions - right to reside) [2017] UKUT 145 (AAC)

Connor Johnston

Housing | Friday 26 May 2017

Licensing of HMOs: license conditions may specify who can occupy property

Nottingham City Council v Parr [2017] EWCA Civ 188, 29 March 2017

Connor Johnston

Housing | Friday 26 May 2017

Allocation: additional priority for working tenants and those making community contribution not unlawful

R (XC) v London Borough of Southwark [2017] EWHC 736 (Admin), 6 April 2017

Court of Protection | Friday 26 May 2017

The long-awaited decision of UKSC on what decisions on behalf of P the court will consider when a public body might not provide the option in question

N (Appellant) v ACCG and others (Respondents) [2017] UKSC 22

Helen Curtis

Court of Protection, Mental health | Thursday 25 May 2017

Deprivation of liberty and Community Treatment Orders (CTOs): MM and PJ decided

SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194, [2017] MHLO 16, 29 March 2017. A Community Treatment Order can be a statutory alternative to compulsory detention even though it amounts to an objective deprivation of liberty, but a capacitous patie

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