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

Court of Protection | Monday 31 July 2017

Applications before the court concerning the degree to which a person without capacity should be assisted in observing Islamic religious custom and practice in a supported care home

IH (Observance of Muslim Practice) [2017] EWCOP 9, 12 June 2017, Cobb J The first application was in respect of adherence to fasting during Ramadan and the second in respect of the trimming of IH’s axillary and pubic hair in accordance with Islamic cul

Bethan Harris

Court of Protection | Monday 31 July 2017

S21A MCA 2005 not appropriate where the central issue was whether CANH life-sustaining treatment was in a person’s best interests

Director of Legal Aid Casework (1) Secretaries of State for Health and for Justice (2) The Official Solicitor (3) v Briggs [2017] EWCA Civ 1169, 31 July 2017, President of the Queen’s Bench Division (Sir Brian Leveson), Lady Justice King and Lord Justice

Gráinne Mellon

Children | Monday 31 July 2017

High Court finds local authority breached Children Act 1989 for failing to carry out lawful assessment of autistic child

R (on the application of AC and SH) v London Borough of Lambeth Council [2017] EWHC 1796 (Admin) Case NO: CO/84/2017, 14 July 2017 The High Court has found that Lambeth London Borough Council failed to carry out a sufficiently wide, statutory guidance-

Desmond Rutledge

Welfare benefits | Monday 31 July 2017

The need for balance when assessing the claimant’s evidence

VS v Secretary of State for Work and Pensions (ESA): [2017] UKUT 274 (AAC) (Upper Tribunal Judge E. Jacobs) 30 June 2017

Desmond Rutledge

Welfare benefits | Monday 31 July 2017

Citizens Advice and National Federation of ALMOs call on the Government to pause the roll-out of Universal Credit

In their report ‘Delivering Universal Credit’, Citizens Advice ask the Government to pause the roll-out of full service Universal Credit (UC) to enable time to fix the problems that have become evident in full service UC areas.

Tim Baldwin

Adult social care | Sunday 30 July 2017

Cutting personal budgets for care

Davey, R (On the Application Of) v Oxfordshire County Council [2017] EWHC 354 (Admin) 27 February 2017. The claimant has quadriplegic cerebral palsy and severe visual impairment. He is dependent on a wheelchair, needed assistance with all his personal

Connor Johnston

Housing | Thursday 6 July 2017

Distinction between improvements and repairs

Dodd v Raebarn Estates Ltd [2017] EWCA Civ 439, 21 June 2017

Connor Johnston

Housing | Wednesday 5 July 2017

Service occupiers: exclusion from security of tenure regime compatible with ECHR

Hertfordshire County Council v Davies [2017] EWHC 1488 (QB), 21 June 2017

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