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 | Thursday 7 December 2017

Public law defence to possession proceedings

Ahern v Southern Housing Group [2017] EWCA 1934, 28 November 2017

Adult social care | Thursday 30 November 2017

A local authority had not breached its duty under s 5(1) & (2) of Care Act 2014 when making limited increases to fees it paid to care home operators

R. (on the application of Care England) v Essex CC  [2017] EWHC 3035 (Admin)

Connor Johnston

Housing | Thursday 30 November 2017

Possession proceedings – joint tenancies, agency, ratification, surrender and Art.8

Haringey London Borough Council v Ahmed [2017] EWCA Civ 1861, 21 November 2017

Desmond Rutledge

Welfare benefits | Friday 24 November 2017

UK required to pay Carer’s Allowance during dispute on whether another EEA state was responsible for paying that benefit

 Secretary of State for Work and Pensions v Fileccia [2017] EWCA Civ 1907: Sales, Lindblom and Asplin LJJ, 24 November 2017

Connor Johnston

Housing | Tuesday 21 November 2017

Possession orders, fraud and fresh evidence on appeal

Mavris v Xylia [2017] EWHC 2949 (Ch), 1 November 2017

Desmond Rutledge

Housing, Welfare benefits | Wednesday 15 November 2017

Zambrano carers: eligibility for welfare benefits and homelessness assistance

R (on the application of HC) v Secretary of State for Work and Pensions [2017] UKSC 73, Lady Hale and Lords Clarke, Wilson, Sumption and Carnwath, 15 November 2017

Helen Curtis

Adult social care, Mental health | Wednesday 15 November 2017

"Places of safety" under the Mental Health Act 1983 - new regulations

Changes to the powers under ss 135 and 136 of the Mental Health Act 1983 are being brought in by ss 80–83 of the Policing and Crime Act 2017 with effect from 11 December 2017.

Tim Baldwin

Adult social care, Mental health | Friday 10 November 2017

Recovery of damages for future care costs does not disentitle a person to after-care services under Mental Health Act 1983

Tinsley v Manchester City Council (1) South Manchester CCG (2) and Local Government Association (Intervener) [2017] EWCA Civ 1704, 1 November 2017

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