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 | Wednesday 30 November 2016

Housing and immigration: legislative updates (1)

Eligibility: the Immigration (European Economic Area) Regulations 2016 On 3 November 2016, the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 were laid before Parliament. The majority of the regulations come into force on 1 Februar

Connor Johnston

Housing | Monday 28 November 2016

Effect of public sector equality duty on the duty to make inquiries in homelessness cases

Birmingham City Council v Wilson [2016] EWCA Civ 1137, 17 November 2016

Connor Johnston

Housing | Monday 28 November 2016

Article 8 and possession proceedings

Holley v Hillingdon London Borough Council [2016] EWCA Civ 1052, 1 November 2016

Connor Johnston

Housing | Friday 18 November 2016

Possession proceedings: approach to proportionality under the Equality Act 2010

Birmingham City Council v Stephenson [2016] EWCA Civ 1029, 27 September 2016 The appellant, S, was an introductory tenant of Birmingham City Council. Following a number of complaints about S’s behaviour toward the end of 2014, primarily consisting of n

Tim Baldwin

Health care | Friday 11 November 2016

NHS loses appeal of the decision that it has the power to commission medication for HIV/AIDS (the PrEP case)

The issue on this appeal was whether NHS England, a commissioning body created by the Health and Social Care Act 2012 ("the 2012 Act") has the power to commission medication for HIV/AIDS PrEP; this stands for pre-exposure prophylaxis.

Bethan Harris

Court of Protection | Friday 4 November 2016

Court orders further consideration of the realistic options for P before proceeding with a full hearing

A Local Authority v X [2016] EWCOP 44, Holman J, 25 October 2016

Connor Johnston

Housing | Tuesday 1 November 2016

Duty to accept repeat homeless application

R (Abdulrahman) v London Borough of Hillingdon [2016] EWHC 2647 (Admin), 28 October 2016 From June 2012 the claimant, A, lived in a property in Hayes, Middlesex together with her husband and their nine children. They occupied the property under an ass

Housing | Tuesday 1 November 2016

Permission needed to seek warrant for breach of SPO

Cardiff County Council v Lee [2016] EWCA Civ 1034, 19 October 2016 The appellant, Mr Lee, was the secure tenant of Cardiff County Council. On 3 September 2013, the court made a two year SPO on the basis of nuisance behaviour, on terms that Mr Lee shoul

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