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

Mental health | Monday 1 August 2016

NHS Foundation Trust challenges its Hospital Managers’ decision

(1) South Staffordshire and Shropshire Healthcare NHS Foundation Trust, (2) Dr Whitworth v The Hospital Managers of St George’s Hospital & AU (Interested Party) [2016] EWHC 1196 (Admin) (Cranston J), 17 May 2016. The NHS Foundation Trust had capacity to b

Tim Baldwin

Health care | Friday 29 July 2016

Five big issues for health and social care after the Brexit vote

A report from the King’s Fund of health and social care after Brexit, released 30 June 2016.

Tim Baldwin

Health care | Friday 29 July 2016

Joint review of partnerships and investment in voluntary, community and social enterprise organisations in the health and care sector

This is a joint Department of Health, Public Health England and NHS England review of partnerships and investment in voluntary, community and social enterprise (VCSE) organisations in the health and care sector.

Bethan Harris

Capacity, Children | Friday 29 July 2016

Removal of respiratory support for child in minimally conscious state

Re A (A Child) [2016] EWCA Civ 759, 13 July 2016. The Court of Appeal upheld the first instance decision that it was in A’s best interests to remove respiratory support.

Bethan Harris

Capacity | Friday 29 July 2016

Guidance on covert administration of medication

AG (by her litigation friend, the Official Solicitor) v BMBC and SNH [2016] EWCOP 37, 6 July 2016, District Judge Bellamy. Having considered, amongst other things, the NICE guidelines on covert administration of medication, the court issued guidance for f

Bethan Harris

Capacity | Friday 29 July 2016

Court of Protection Practice Direction updates: Case Management Pilot; s 49 Reports Pilot; Extension of the Transparency Pilot

Court of Protection Practice Direction updates: Case Management Pilot; s 49 Reports Pilot; and the extension of the Transparency Pilot

Desmond Rutledge

Welfare benefits | Friday 29 July 2016

Past presence test – ‘Genuine and sufficient link’ to the UK

In PB v Secretary of State for Work and Pensions (DLA) [2016] UKUT 280 (AAC), 15 June 2016, the Upper Tribunal considered whether the First-tier tribunal had failed to address whether the claimant was exempt from the need to be present in the UK for two y

Desmond Rutledge

Welfare benefits | Friday 29 July 2016

Right to reside - Work as a Big Issue vendor

In Revenue and Customs v IT (CTC) [2016] UKUT 252 (AAC) (Judge Wright), 24 May 2016, the Upper Tribunal considered a claim made by a Romanian national for working and child tax credit in May 2009 on the basis that the claimant was engaged in self-employed

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