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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Desmond Rutledge

Welfare benefits | Friday 26 August 2016

Universal Credit delays forcing people to food banks, says MP

Frank Field, Labour MP and the Chair of the Commons Work and Pensions Select Committee, says that the built-in delays in processing universal credit (a minimum of six-weeks) has led to reliance on emergency food parcels, triggered debt and rent arrears, a

Desmond Rutledge

Migrant support, Welfare benefits | Friday 26 August 2016

Document certifying permanent residence does not create a right to reside

MD v Secretary of State for Work and Pensions (SPC) (Residence and presence conditions: right to reside) [2016] UKUT 319 (AAC) (Judge Rowland), 7 July 2016.

Desmond Rutledge

Welfare benefits | Thursday 25 August 2016

Ability to mobilise to "an acceptable standard" must include an assessment of the effects of pain

PS v Secretary of State for Work and Pensions (PIP) (Personal independence payment – mobility activities : Mobility activity 2: moving around) [2016] UKUT 326 (AAC) (Judge K Markus QC), 11 July 2016.

Tim Baldwin

Health care | Wednesday 17 August 2016

Is judicial review an adequate remedy for flawed assessments by regulators?

R (on the application of SSP Health Ltd) v Care Quality Commission [2016] EWHC 2086 (Admin), 12 August 2016.

Tim Baldwin

Health care | Tuesday 2 August 2016

High Court rules NHS England can fund "game-changing" PrEP HIV drug

National Aids Trust v National Health Service Commissioning Board (NHS England) and The Secretary of State for Health and The Local Government Association [2016] EWHC 2005 (Admin): Mr Justice Green, 2 August 2016. The National Aids Trust has won a high co

Tim Baldwin

Adult social care | Monday 1 August 2016

The interplay between The Care Act 2014 and The Localism Act 2011 in the case of GS

The Queen (on the application of GS by her litigation friend the Official Solicitor) v London Borough of Camden [2016] EWHC 1762 (Admin) (DHJ Peter Marquand), 27 July 2016. This is a challenge of the Defendant's decision of 26 October 2015 not to provide

Helen Curtis

Mental health | Monday 1 August 2016

The lawfulness of a patient’s recall

Lee-Hirons v Secretary of State for Justice [2016] UKSC 46, 27 July 2016. The appellant, initially subject to detention under ss37 and 41 of the Mental Health Act 1983 had been conditionally discharged and therefore subject to recall.

Helen Curtis

Mental health | Monday 1 August 2016

NHS Foundation Trust challenges its Hospital Managers’ decision

(1) South Staffordshire and Shropshire Healthcare NHS Foundation Trust, (2) Dr Whitworth v The Hospital Managers of St George’s Hospital & AU (Interested Party) [2016] EWHC 1196 (Admin) (Cranston J), 17 May 2016. The NHS Foundation Trust had capacity to b

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