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.

Filter by:

Latest Updates

Tim Baldwin

Adult social care | Friday 10 November 2017

Ordinary residence – whether duty arose under 21 National Assistance Act 1948 – s 21 a duty of last resort (a pre- Care Act 2014 case)

R. (on the application of Barking and Dagenham LBC) v Secretary of State for Health (1) London Borough of Redbridge (2) HR (Interested parties) [2017] EWHC 2449 (Admin),

Tim Baldwin

Adult social care | Friday 10 November 2017

Local authority decisions on level of fees they will pay for residential care under National Assistance Act 1948 (pre-Care Act 2014)

Torbay Council v Torbay Quality Care Forum Limited [2017] EWCA Civ 1605, 19 October 2017

Connor Johnston

Housing | Friday 10 November 2017

The mandatory ground of possession under Housing Act 1985: out of time reviews

Harris  v Hounslow London Borough Council [2017] EWCA Civ 1476, 5 October 2017

Connor Johnston

Housing | Friday 10 November 2017

‘Significantly more vulnerable’: the Court of Appeal explains

Panayiotou v Waltham Forest London Borough Council; Smith v Haringey London Borough Council [2017] EWCA Civ 1624, 19 October 2017

Connor Johnston

Housing | Friday 10 November 2017

Intentional homelessness: whether 2-years renting amounted to settled accommodation

Doka v London Borough of Southwark [2017] EWCA Civ 1532, 17 October 2017

Desmond Rutledge

Housing, Welfare benefits | Friday 10 November 2017

Ombudsman rules on delay in council passing a housing benefit appeal to the Tribunal

The claimant applied for Housing Benefit. This was refused on the basis that her self-employment “was not effective” such that she did not have a right to reside for benefit purposes.

Bethan Harris

Court of Protection | Friday 10 November 2017

Court of Appeal overturns Birmingham CC v D: 16-17 year olds who lack capacity not deprived of their liberty within Art 5 where parents consent to their confinement

Re D (A Child) [2017] EWCA Civ 1695, Sir James Munby, President of the Court of Protection, David Richards and Irwin LJJ, 31 October 2017

Bethan Harris

Capacity, Health care | Friday 10 November 2017

Out of hours order under High Court’s jurisdiction in relation to vulnerable adults for removal from home and detention in hospital – no claim under HRA 1998 in respect of judicial act

Aamir Mazhar v The Lord Chancellor [2017] EWHC 2536 (Fam), Sir Ernest Ryder, Senior President of Tribunals, 12 October 2017 

We are top ranked by independent legal directories and consistently win awards.

+ View more awards