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

Tessa Buchanan

Housing | Friday 26 February 2021

Social Welfare Update: Council misapplied its Allocation Scheme by treating a “preference” given to families with children as an automatic decision in their favour

R (Nur) v Birmingham City Council [2020] EWHC 3526 (Admin)

Amanda Weston KC

Migrant support | Friday 26 February 2021

Social Welfare Update: Lacuna in leave to remain policy arising from delays in identification of victims of trafficking

EOG v SSHD [2020] EWHC 3310 (Admin)

Connor Johnston

Housing | Friday 26 February 2021

Social Welfare Update: Repeat homelessness applications and local connection

R (Minott) v Cambridge City Council (2021) EWHC 211 (Admin)

Helen Curtis

Adult social care, Capacity, Court of Protection | Friday 26 February 2021

Social Welfare Update: Damages of £143,000 for unlawful deprivation of liberty of incapacitous care home resident upheld

London Borough of Haringey v Emile [2020] County Court at Central London, 18 December 2020, HHJ Saggerson

Tim Baldwin

Adult social care, Health care | Friday 26 February 2021

Social Welfare Update: Health Secretary acted unlawfully by not publishing details of pandemic contracts within stipulated period breaching his own Transparency Policy

Good Law Project Ltd & Ors, R. (On Application of) v Secretary of State for Health And Social Care

Desmond Rutledge

Welfare benefits | Friday 26 February 2021

Social Welfare Update: Court of Appeal rules that the exclusion of EEA citizens with ‘Pre-settled Status’ from accessing Universal Credit is unlawful

R (Fratila & Tanase) v Secretary of State for Work and Pensions [2020] EWCA Civ 1741

Stephanie Harrison KC Ronan Toal Gemma Loughran Ella Gunn

Migrant support | Friday 26 February 2021

Social Welfare Update: Provision of support to trafficking victims following a negative conclusive grounds decision

MN v SSHD [2020] EWCA Civ 1746

Connor Johnston

Housing | Friday 26 February 2021

Social Welfare Update: Breach of Public Sector Equality Duty in bringing possession proceedings cured by subsequent compliance

Taylor v Slough BC [2020] EWHC 3520 (Ch)

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