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

Nick Bano

Children, Housing, Migrant support | Thursday 29 October 2020

Social Welfare Update: High Court quashes Children Act assessment carried out by Southwark Council

AA was represented by Nick Bano of the Garden Court Chambers Community Care Team, instructed by Morrison Spowart solicitors. R (AA) v Southwark LBC [2020] EWHC 2587 (Admin).

Housing, Mental health, Migrant support | Thursday 29 October 2020

Social Welfare Update: Humnyntskyi – Home Office policy on Schedule 10 declared unlawful

Blog by Ubah Dirie of the Garden Court Community Care Team on case R (Humnyntskyi) v SSHD [2020] EWHC 1912 (Admin).

Connor Johnston

Adult social care, Children, Health care | Thursday 29 October 2020

Social Welfare Update: The Care Act 2014 easements: where are we now?

Connor Johnson and Tessa Buchanan of the Garden Court Community Care Team have prepared this update on the application of the Care Act 2014 easements.

Sophie Caseley Tim Baldwin

Adult social care, Migrant support | Thursday 23 April 2020

Social Welfare Update: How the Coronavirus Act affects migrants entitled to adult social care

Sophie Caseley and Tim Baldwin of the Garden Court Community Care Team drafted this briefing on how the Coronavirus Act 2020 may affect adult migrants with care and support needs and migrant children leaving care.

Stephen Simblet KC

Capacity, Court of Protection | Monday 20 April 2020

Social Welfare Update: Covid 19 - Family contact for care home resident - ECHR rights

Stephen Simblet QC of the Garden Court Chambers Court of Protection Team discusses the case of BP v Surrey County Council and RP [2020] EWCOP 17, 25 March 2020.

Helen Curtis

Capacity, Court of Protection | Friday 13 December 2019

Social Welfare Update: Fitting an intrauterine contraceptive device was the least restrictive option to protect AB, a woman with a moderate learning disability

An NHS Foundation Trust v (1) AB (by her litigation friend, the Official Solicitor) (2) CD (3) A Local Authority [2019] EWCOP 45, MacDonald J, 21 October 2019.

Adult social care | Tuesday 3 December 2019

Social Welfare Update: No looked-after needs under Care Act 2014 in absence of objective evidence of requirement for social worker support

R (Aburas) v London Borough of Southwark [2019] EWHC 2754 (Admin)

Children | Thursday 31 October 2019

Social Welfare Update: UKSC rules it is not within the scope of parental responsibility to consent to living arrangements for a 16-17 year old which would otherwise amount to a deprivation of liberty under Article 5

In the matter of D (A Child) [2019] UKSC 42, 26 September 2019

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