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

Maria Moodie

Children, Migrant support, Welfare benefits | Monday 25 July 2016

Southwark’s approach to accommodation and financial support of a migrant family pursuant to section 17 Children Act 1989 was not unlawful

R. (on the application of C, T, M and U) v Southwark LBC & Coram Children’s Legal Centre (Intervening) [2016] EWCA Civ 707, 12 July 2016. In dismissing the appeal, the Court of Appeal accepted that Southwark was not operating an irrational or inflexible p

Maria Moodie

Education | Monday 25 July 2016

School out of time to challenge an OFSTED report

R (Dawatul Islam UK & Eire) v OFSTED, unreported, 13 July 2016. A school that sought to challenge the contents of an OFSTED report was refused permission on the basis that the claim was out of time.

Maria Moodie

Children | Monday 25 July 2016

Child refusing to eat should not have been made the subject of a Child Protection Plan

R. (on the application of O) v Peterborough City Council & Cambridgeshire and Peterborough NHS Foundation Trust (Interested Party), QBD, Administrative Court, unreported, 23 June 2016.

Connor Johnston

Housing | Friday 15 July 2016

When to suspend a possession order

City West Housing Trust v Lindsey Massey, Manchester and District Housing Association v Roberts [2016] EWCA Civ 704, 7 July 2016

Liz Davies KC

Housing | Friday 15 July 2016

Duty to accept repeat homeless application

R (H) v London Borough of Southwark [2016] EWHC 1665 (Admin), 8 July 2016

Connor Johnston

Housing | Friday 15 July 2016

Whether lengthy period in temporary accommodation is ‘settled accommodation’

Huda v London Borough of Redbridge [2016] EWCA Civ 709, 12 July 2016

Connor Johnston

Housing | Friday 15 July 2016

Disrepair: whether footpath is part of exterior

Edwards v Kumarasamy [2016] UKSC 40, 13 July 2016

Connor Johnston

Housing, Mental health | Friday 15 July 2016

Article 8 as a defence against a private sector possession claim

McDonald v McDonald [2016] UKSC 28, 15 June 2016

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