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Social Welfare Update: Court of Appeal rules that evidence of a person’s motives, intentions and expectations was not to be ignored when deciding the ‘genuine and sufficient link’ test for disability benefits

Wednesday 29 May 2019

…here: Kavanagh & Anor v The Secretary of State for Work and Pensions [2019] EWCA Civ 272 Desmond Rutledge is a member of the Garden Court Chambers Welfare Benefits team….

Kinship Care – Statutory Guidance

Monday 16 Dec 2024

In October 2024, the Department for Education published statutory guidance for local authorities on kinship care. It replaces and updates the 2010 Family and Friends Care guidance and is issued…

Family Law Update: ‘Placement in Ghana: proportionality, human rights and the guardian’

Tuesday 2 Apr 2019

…from an independent social worker about the positivity of the placement with the family members (Mr and Mrs H) that none of the advocates sought to challenge. Yet once this…

Social Welfare Update: Application of notice requirement under s21(1B) Housing Act 1988 during probationary period of AST

Tuesday 16 Jul 2019

SB was the assured shorthold tenant of Livewest, a private registered provider of social housing. She was first granted a tenancy on 20 January 2015, for a fixed term expiring…

Social Welfare Update: Someone who is appealing a decision to refuse an application to vary leave is classified as a person subject to immigration control under s.115(9)(d) of the Immigration and Asylum Act 1999 and therefore excluded from benefits

Tuesday 28 May 2019

…here: EE v City of Cardiff (HB) [2018] UKUT 418 (AAC), 11 December 2018, UTJ R Poynter Desmond Rutledge is a member of the Garden Court Chambers Welfare Benefits team….

Social Welfare Update: Court of Protection – Best interests decisions in respect of a person suffering from end stage dementia

Tuesday 23 Apr 2019

…of self-determination; she had identified that the sanctity of life was a strong but not an absolute principle, she had approached the issue of RW’s welfare in accordance with the…

Social Welfare Update: PSED and possession claims

Tuesday 16 Jul 2019

The Appellant, Mr Patrick, was the assured tenant of the Respondent, L&Q. In October 2017, following incidences of anti-social behaviour toward one of his neighbours and toward L&Q staff, L&Q…

Social Welfare Update: PSED and possession proceedings

Wednesday 23 Oct 2019

Aldwyck sought possession of Mr Forward’s home under grounds 12 and 14 Part 2, Schedule 2 Housing Act 1988 relying on allegations of nuisance and anti-social behaviour. It was said…

Social Welfare Update: Notice requirements in ground 15A cases

Monday 28 Oct 2019

Kemal Yildiz, the Appellant’s father, was the secure tenant of the respondent, the London Borough of Hackney. He occupied a four-bedroom house together with his son, the appellant, Yavuz Yildiz….

Social Welfare Update: Discrimination arguments in homelessness appeals

Monday 28 Oct 2019

The Appellant, Ms Adesotu, applied to the Respondent, Lewisham LBC, for homelessness assistance. Lewisham accepted that she was owed the main housing duty and made her an offer of accommodation….

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