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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Connor Johnston

Housing | Friday 23 September 2016

Scope of variation clause in possession order

Chatsworth Court v Sartipy (Ch D), unreported, 26 July 2016. The defendant, Ms Sartipy, had been ordered to pay service charge arrears. The claimant, Chatsworth Court, obtained a charging order to try and enforce that judgment.

Connor Johnston

Housing | Friday 23 September 2016

Concurrent criminal and committal proceedings

Gill v Birmingham City Council [2016] EWCA Civ 608, [2016] HLR 29, 28 June 2016. The appellant, Mr Gill, had been committed to prison for a term of 14 months and 23 days having been found, following a contested trial, to have breached the provisions of

Connor Johnston

Housing | Friday 23 September 2016

Possession claim against a vulnerable trespasser: Article 8, alternative remedies and relief from sanctions

R (Plant) v Somerset CC and Taunton Deane Borough Council [2016] EWHC 1245 (Admin), [2016] HLR 24, 26 May 2016.

Bethan Harris

Court of Protection | Thursday 1 September 2016

Jurisdiction to protect vulnerable adults exercised to order that father facilitates daughter's return from Saudi Arabia

Amina Al-Jeffery v Mohammed Al-Jeffery [2016] EWHC 2151 (Fam), Holman J, 3 August 2016. The jurisdiction to protect vulnerable adults was exercised to order that a father facilitate the return of his daughter, Amina Al-Jeffery, from Saudi Arabia to Eng

Bethan Harris

Court of Protection | Thursday 1 September 2016

Not-for-profit organisation’s “bulk application” in relation to deputyship remuneration

The Friendly Trust’s Bulk Application [2016] EWCOP 40, DJ Eldergill, 29 July 2016. The Trust made a “bulk application” in respect of a number of property and affairs deputyship orders under which its office-holders were appointed as deputies.

Bethan Harris

Court of Protection | Thursday 1 September 2016

Court recognises importance of pet dog in life of a person lacking mental capacity

Mrs P (by her litigation friend, the Official Solicitor) v Rochdale BC (1) NHS North, Central and South Manchester CCG (2) [2016] EWCOP B1, DJ Matharu, 18 July 2016. The court highlighted the importance of a pet in the life of the person lacking mental

Connor Johnston

Housing | Wednesday 31 August 2016

Allocations Part 3: succession

R (Jack Jones) v Luton Borough Council [2016] EWHC 2036 (Admin), 3 August 2016. In May 2015, JJ’s father passed away. Luton swiftly served a notice to quit bringing the subsisting contractual tenancy to an end. JJ then applied to Luton for a tenancy of

Connor Johnston

Housing | Tuesday 30 August 2016

Allocations Part 2: the welfare of the child

R (Woolfe) v Islington London Borough Council [2016] EWHC 1907 (Admin), 15 July 2016. Ms Woolfe lived with her baby daughter in a studio provided by Islington, as a homeless person. Shortly after applying to Islington as homeless, Ms Woolfe also applie

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