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

Liz Davies KC

Housing | Wednesday 8 February 2017

‘Fixing our broken housing market’: Housing White Paper

In its Housing White Paper published yesterday, the Government concedes that the UK’s housing market is “broken” and promises a fresh wave of home-building and affordable housing to buy and rent.

Helen Curtis

Court of Protection, Mental health | Tuesday 7 February 2017

When gaps don’t breach Convention rights

R (OK) v FTT [2017] UKUT 22 (AAC), MHLO 3, 12 January 2017 Application signed by solicitor on behalf of patient lacking capacity is struck out.

Bethan Harris

Court of Protection | Tuesday 7 February 2017

A person who died in an intensive care unit, who had lacked capacity to consent to their treatment there, was not in “state detention” at the time of their death

Ferreira, R (On the Application Of) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31, Arden and McFarlane LJJ and Cranston J, 26 January 2017 Maria Ferreira (Maria), who had Down’s syndrome and learning difficulties, died in an intensive c

Court of Protection | Tuesday 7 February 2017

Court of Protection Committal: Court of Appeal allows appeal against committal to prison

Devon County Council v Teresa Kirk [2016] EWCA Civ 1221, Sir James Munby P, Black , McFarlane LJJ, 5 December 2016

Maria Moodie

Children | Tuesday 7 February 2017

Interim Statutory Guidance published on Independent Child Trafficking Advocates (‘ICTA’)

Interim Statutory Guidance published on Independent Child Trafficking Advocates (‘ICTA’) The statutory guidance is published pursuant to s.49 of the Modern Slavery Act 2015 and is effective from January 2017. It provides guidance to the three Early Ado

Desmond Rutledge

Welfare benefits | Tuesday 7 February 2017

Guidance on whether a self-employed EEA national who gives birth continues in self-employment: Can the self-employed rely on Saint Prix C-507/12?

Revenue and Customs v HD and GP (CHB) (Benefits for children - other) [2017] UKUT 11 (AAC) (Judge Ward), 12 January 2017 The Upper Tribunal considers two test cases examining whether EU national women who were engaged in self-employed activity until so

Desmond Rutledge

Welfare benefits | Monday 6 February 2017

The EU coordination rules: Aggregation and the Past Presence Test for Attendance Allowance and Disability Living Allowance

Secretary of State for Work and Pensions v MM (AA) EC and (EC) 883/2004) [2016] UKUT 547 (AAC) (Judge Jacobs), 12 December 2016)

Desmond Rutledge

Welfare benefits | Friday 3 February 2017

Right to Reside: Proportionality arguments following the Supreme Court decision in Mirga

Secretary of State for Work and Pensions v PS-B (IS) (Residence and presence conditions : right to reside) [2016] UKUT 511 (AAC) (Judge Jacobs), 12 December 2016

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