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

Helen Curtis

Court of Protection, Mental health | Thursday 25 May 2017

Deprivation of liberty and Community Treatment Orders (CTOs): MM and PJ decided

SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194, [2017] MHLO 16, 29 March 2017. A Community Treatment Order can be a statutory alternative to compulsory detention even though it amounts to an objective deprivation of liberty, but a capacitous patie

Maria Moodie

Children | Wednesday 17 May 2017

LAG: Protecting missing child victims of trafficking

A number of cases have highlighted that not enough is being done to protect trafficked children at risk of going missing. Maria Moodie and Silvia Nicolaou Garcia discuss the legal protections available in England and Wales and report on the wider problems

Connor Johnston

Housing | Thursday 6 April 2017

Succession rules favouring married couples and civil partners not discriminatory

Turley v London Borough of Wandsworth & Anor [2017] EWCA Civ 189, 24 March 2017

Connor Johnston

Housing | Thursday 6 April 2017

Security of tenure: only or principal home

Dove v London Borough of Havering [2017] EWCA Civ 156, 22 March 2017

Connor Johnston

Housing | Friday 31 March 2017

Introductory tenancies: notice requirements

London Borough of Islington v Dyer [2017] EWCA Civ 150, 22 March 2017.

Connor Johnston

Housing | Friday 31 March 2017

Article 8 and canal boats

Jones v Canal and River Trust [2017] EWCA Civ 135, 7 March 2017.

Connor Johnston

Housing | Friday 31 March 2017

Allocation: reduced priority for overcrowded private sector tenants not unlawful

R (Osman) v London Borough of Harrow [2017] EWHC 274 (Admin), 21 February 2017.

Bethan Harris

Court of Protection | Wednesday 8 February 2017

Teresa Kirk appeal: order set aside as futile in the face of Ms Kirk’s refusal to comply

Teresa Kirk v Devon County Council [2017] EWCA Civ 34, Sir James Munby P, 30 January 2017 The court approved a consent order compromising the appeal of Teresa Kirk against the order requiring her to secure the return of MM from Portugal. For the facts

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