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Social Welfare Update: Capacity to consent to sex: does the test for capacity require an understanding of the need for the other person to consent?

Thursday 31 Oct 2019

…had expressed the wish to find a partner and develop a relationship with them, the care plan imposed restrictions on his ability to socialise freely in order to prevent him…

Social Welfare Update: High Court’s inherent jurisdiction for the protection of vulnerable adults used to prevent a person from returning home to a life-threatening situation

Tuesday 23 Apr 2019

…injunctions restraining KF from behaving in an aggressive and intimidating way towards health, social care or housing professionals and from interfering with repairs.  In December 2017 a care agency withdrew…

Housing Law

…the full range of accommodation and support issues concerning migrant welfare and asylum support. We are able to offer a complete service in social services, homelessness and connected Children Act…

Social Welfare Update: Vulnerability and medical evidence

Tuesday 29 Oct 2019

The appellant, TG, was a 23 year old man who suffered from a number of health conditions, both physical and mental. In relation to physical health, he was diagnosed with…

Social Welfare Update: Humnyntskyi – Home Office policy on Schedule 10 declared unlawful

Thursday 29 Oct 2020

…right criteria is applied. Regular updates should also be requested and preparation be made for litigation where necessary to challenge delays in decision making, failures to correctly apply the eligibility…

Social Welfare Update: Revised benefit cap does not discriminate against lone parents with children below school age under arts 14 and 8 ECHR nor does it breach art 3(1) UNCRC

Tuesday 28 May 2019

The benefit cap imposes a cap on the total amount of annual welfare benefits that a given household can receive. The legality of the previous scheme was upheld (by a…

Social Welfare Update: Court of Appeal decision on capacity to use social media, consent to sexual relations and residence warns against “silos” when analysing capacity

Thursday 31 Oct 2019

B, a woman aged 31, had learning difficulties and had considerable social care needs. She was a frequent user of social media, using sex chats and she came into contact…

Social Welfare Update: No looked-after needs under Care Act 2014 in absence of objective evidence of requirement for social worker support

Tuesday 3 Dec 2019

…it was incompatible with his rights under the European Convention on Human Rights (“the Convention”). SA argued that he had a need for social worker support to access food and medication…

Bethan Harris

Call: 1990

Bethan Harris is an experienced barrister specialising in community care law, social housing, Court of Protection and related areas of public law. Bethan was shortlisted for Court of Protection Barrister…

Kinship Care – Latest Developments

Monday 15 Dec 2025

…role by hospital services, schools, or employers. Following the 2022 Independent Review of Children’s Social Care, which adopted a proposal for a new legal definition of kinship care in June…

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