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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Maria Moodie

Children | Tuesday 4 October 2016

Cross-border secure accommodation orders pursuant to Section 25 of the Children Act 1989

X (A child) and Y (A child) [2016] EWHC 2271 (Fam), 12 September 2016 The practice of local authorities and courts making use of secure accommodation units available in Scotland to address the shortage of such accommodation in England has raised cross-

Maria Moodie

Children | Tuesday 4 October 2016

Discharge of Section 20 Children Act 1989 duty to provide accommodation to a 17-year-old boy who repeatedly refused to be placed

R (on the application of A) v Haringey LBC, unreported, Queen’s Bench Division (Administrative Court), 16 September 2016 A local authority had done all that was reasonably practicable to discharge its duty pursuant to s.20 of the Children Act 1989 to p

Bethan Harris

Court of Protection | Tuesday 4 October 2016

Inherent jurisdiction for vulnerable adults does not include power of arrest

Re FD (Inherent Jurisdiction: Power of Arrest), HHJ Clifford Bellamy, sitting as a High Court Judge, 28 September 2016 The issue was whether a power of arrest may be attached to an injunction granted by the High Court under its inherent jurisdiction in

Desmond Rutledge

Welfare benefits | Tuesday 4 October 2016

Whether an EEA national could rely on an European Health Insurance Card (EHIC) as comprehensive sickness insurance cover

Secretary of State for Work and Pensions v GS (PC) [2016] UKUT 394 (AAC), 16 August 2016 The claimant was an Italian National who had lived and worked in the UK for several periods over many years. During his most recent period of residence from 2004 h

Maria Moodie

Education | Monday 3 October 2016

Article 9 ECHR proportionality assessment in the context of removal from the register of Independent Education Institutions in England

Cityside Primary Trust v Secretary of State for Education [2016] 2600.INS, 6 August 2016 Cityside Primary Trust appealed against the decision of the Secretary of State to remove Ayasofia Primary School from the register of Independent Education Instit

Connor Johnston

Housing | Monday 3 October 2016

Amendment to rules on eligibility for homelessness assistance

Today the Government has laid the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 before Parliament. These regulations will amend the Allocation of Housing and Homelessness (Eligibility) (England) Regulations

Desmond Rutledge

Welfare benefits | Thursday 29 September 2016

Overcoming the gap between the end of employment and claiming JSA

Secretary of State for Work and Pensions (IS) v MM [2015] UKUT 128 (AAC) (Judge White), 18 March 2015 Addressing the delay between the end of employment and claiming JSA in a case where the claimant’s employment ended on 8 April 2011 and JSA was not cl

Tim Baldwin

Health care | Thursday 29 September 2016

Junior doctors lose their judicial review challenge to Jeremy Hunt’s new contract

The claimant group, Justice for Health, brought the claim for judicial review arguing the new contract was "unsafe and unsustainable" and that Jeremy Hunt did not have the power to impose it. However, Mr Justice Green ruled the Health Secretary had acted

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