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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Tim Baldwin

Health care | Wednesday 9 August 2017

PKU funding battle: Family wins High Court challenge

R (on the application of SB) v NHS England [2017] EWHC 2000 (Admin), 08 August 2017 The family of a seven-year-old boy whose condition could cause brain damage have won a Judicial Review challenge over an NHS decision not to fund provision of a drug ca

Tim Baldwin

Children, Health care, Mental health | Thursday 3 August 2017

Sir James Munby: The nation will have “blood on our hands” if an NHS bed cannot be found for a teenager with acute mental health issues

Re X (A Child) (No 3) [2017] EWHC 2036 (Fam), 3 August 2017

Housing | Thursday 3 August 2017

Garden Court Chambers Housing Team respond to the consultation of Terms of Reference of the Grenfell Tower Inquiry

The response addresses the interim report, the second stage of the inquiry, the importance of the views of the residents and the structure and make up of the inquiry.

Tim Baldwin

Adult social care | Wednesday 2 August 2017

Local Health Boards in Wales were wrong not to fund registered nurse in care home where care may involve provision of social care

R (on the application of Forge Care Homes Ltd and others) (Appellants) v Cardiff and Vale University Health Board and others (Respondents) [2017] UKSC 56 on appeal from [2016] EWCA Civ 26, 2 August 2017

Connor Johnston

Housing | Wednesday 2 August 2017

Intentional homelessness: unaware of a relevant fact

Jamila Afonso da Trindade v Hackney London Borough Council [2017] EWCA CA Civ 942, 6 July 2017 The appellant, T, was from the island of Sao Tomé off the west coast of central Africa. In February 2013, upon her sister’s suggestion, she gave up her tena

Tim Baldwin

Adult social care | Tuesday 1 August 2017

Failure to apply the ‘well-being principle’ in the Care Act 2014

JF, R (on the application of JF acting through his mother and litigation friend KF) v The London Borough of Merton (Rev 1) [2017] EWHC 1519 (Admin), 30 June 2017

Mental health | Tuesday 1 August 2017

Court of Appeal finds conditions of detention are not within the Tribunal’s jurisdiction

Djaba v West London Mental Health Trust & Anor [2017] EWCA Civ 436, 28 June 2017 The appeal concerned the narrow issue of whether the statutory tests within ss 72, 73 and 145 of the MHA required a "proportionality assessment" to be conducted, pursu

Connor Johnston

Education, Housing | Tuesday 1 August 2017

Out of borough placements and the right to education

R (E) v Islington London Borough Council [2017] EWHC 1440 (Admin), 30 June 2017

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