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

Desmond Rutledge

Welfare benefits | Monday 5 March 2018

High Court rules 'blatantly discriminatory' amendments to PIP criteria unlawful

RF v Secretary of State for Work and Pensions [2017] EWHC 3375 (Admin) Mostyn J, 21 December 2017

Children, Housing | Monday 5 March 2018

Possession proceedings – no such thing as a ‘relevant breach’

Teign Housing v Lane [2018] EWHC 40 (QB), 16 January 2018

Bethan Harris

Court of Protection | Wednesday 17 January 2018

Court of Protection Visitors’ reports can provide the necessary procedural safeguards for the incapacitated person in the streamlined procedure for authorisation of deprivation of liberty; increase in government funding for such reports

Re KT, DR, KH and DC [2018] EWCOP 1, 15 January 2018, Charles J

Bethan Harris

Capacity, Court of Protection | Monday 15 January 2018

NICE consultation on draft guidance on decision-making and mental capacity

The National Institute for Health and Care Excellence (NICE) is consulting on its draft guideline until 5th February 2018, with an expected publication date for the guideline of 16 May 2018.

Connor Johnston

Children, Housing | Thursday 4 January 2018

Accommodation needs of vulnerable young family – the interplay between s17 CA 1989 and Parts 6 and 7 Housing Act 1996

R (J and L) v Hillingdon LBC [2017] EWHC 3411 (Admin), 21 December 2017

Connor Johnston

Housing | Thursday 21 December 2017

Home office policy of removing EEA national rough sleepers found to be unlawful

R (Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin), 14 December 2017

Tim Baldwin

Adult social care | Wednesday 20 December 2017

Section 117 Mental Health Act 1983 after-care: A claim for restitution against two public authorities for payment of after-care services was a private law claim

Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998 (12 December 2017) 

Desmond Rutledge

Welfare benefits | Wednesday 20 December 2017

Self-employed EU citizens can retain that status under Article 7(3)(b) Directive 2004/38

Florea Gusa v Minister for Social Protection, Ireland, Attorney General, Case C‑442/16, J.L. da Cruz Vilaça, A. Tizzano, E. Levits, A. Borg Barthet and M. Berger, CJEU (Fifth Chamber), 20 December 2017

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