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 | Tuesday 3 October 2017

Mistake of fact giving rise to unfairness

CF v Secretary of State for Work and Pensions (PIP): [2017] UKUT 356 (AAC), UT Judge Gray, 29 August 2017

Desmond Rutledge

Welfare benefits | Tuesday 3 October 2017

Why all the fuss over Universal Credit?

The media reports highlight the human impact of the scheme and the politics, but one only has to recall the following basic information about Universal Credit to understand why it is running into trouble.

Desmond Rutledge

Welfare benefits | Monday 2 October 2017

“Yet another sorry tale of HMRC institutional incompetence and inefficiency”

VO v Her Majesty's Revenue and Customs (TC): [2017] UKUT 343 (AAC), UT Judge Wikeley, 18 August 2017

Bethan Harris

Capacity, Court of Protection | Friday 8 September 2017

Damages under HRA 1998 for loss of conjugal relations during delay in implementing proposed sex education

CH (by his litigation friend, the Official Solicitor) v A Metropolitan Council [2017] EWCOP 12, Sir Mark Hedley sitting as  Judge of the Court of Protection, 28 July 2017

Bethan Harris

Capacity, Court of Protection | Friday 8 September 2017

Company discharged as deputy for breach of fiduciary duty

The Public Guardian v Matrix Deputies Limited (1) LB Enfield (2) [2017] EWCOP 14, HHJ Hilder, 19 July 2017

Bethan Harris

Capacity, Court of Protection | Friday 8 September 2017

Best interests: preventing person with Korsakoff's Syndrome from drinking alcohol

DM v Y City Council [2017] EWCOP 13, Bodey J, 15 June 2017

Bethan Harris

Capacity, Court of Protection | Friday 8 September 2017

Extension of the Transparency, Case Management and s 49 pilots

The pilots have been extended (by amendment to each of the relevant pilot practice directions). 

Bethan Harris

Capacity, Court of Protection | Friday 8 September 2017

Best interests and serious medical treatment where the person lacking capacity has delusional beliefs

NHS Foundation Trust v QZ (by her litigation friend, the Official Solicitor) [2017] EWCOP 11, 6 June 2017, Hayden J

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