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 | Friday 30 April 2021

Social Welfare Update: Circumstances in which court will grant mandatory order requiring local authority to provide ‘suitable’ accommodation

Blog post by Connor Johnston of the Garden Court Housing Team. R (Imam) v The London Borough of Croydon [2021] EWHC 739 (Admin), 26 March 2021

Desmond Rutledge

Welfare benefits | Friday 30 April 2021

Social Welfare Update: Person subject to immigration control cannot claim Carer’s Allowance as a family member of a British national who has not exercised freedom of movement rights

Blog post by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Team. Secretary of State for Work and Pensions v AS (CA) [2021] UKUT 24 (AAC)

Connor Johnston Liz Davies KC Adrian Berry

Housing, Migrant support | Friday 30 April 2021

Social Welfare Update: Local authority powers to accommodate rough sleepers during the pandemic

Tim Baldwin

Adult social care | Friday 30 April 2021

Social Welfare Update: Secretary of State was correct as to the responsibility for funding accommodation at Transitional Rehabilitation Unit when determining ordinary residence under National Assistance Act 1948

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Lancashire County Council) v Secretary of State for Health and Social Care, v JM and St Helens Council [2021] EWHC 268 (admin); HHJ Eyre QC

Gráinne Mellon

Children, Migrant support | Friday 30 April 2021

Social Welfare Update: High Court confirms urgency - and mandatory obligations - for Local Authorities to progress EUSS applications on behalf of children and care leavers

Blog post by Gráinne Mellon of the Garden Court Chambers Community Care Team. Re W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam), 31 March 2021

Tim Baldwin

Adult social care | Friday 30 April 2021

Social Welfare Update: High Court holds a patient was "ordinarily resident", for the purposes of funding s 117 aftercare, in second local authority's area immediately before second period of detention

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2021] EWHC 682 (Admin): Linden J

Ollie Persey

Children, Health care | Friday 30 April 2021

Social Welfare Update: Parental responsibility and access to puberty blockers for transgender children

Blog post by Ollie Persey of the Garden Court Chambers Community Care Team. AB v CD & Ors [2021] EWHC 741 (Fam)

Rachel Schon

Adult social care, Capacity, Court of Protection | Friday 26 February 2021

Social Welfare Update: Capacity and best interests in relation to Covid-19 Vaccination

E (Vaccine) [2021] EWCOP 7, Mr Justice Hayden, 20th January 2021

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