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.
Section 117 Mental Health Act 1983 after-care: A claim for restitution against two public authorities for payment of after-care services was a private law claim
20 December 2017, by Tim Baldwin
Richards v Worcestershire County Council & Anor  EWCA Civ 1998 (12 December 2017)
7 December 2017, by Connor Johnston
Ahern v Southern Housing Group  EWCA 1934, 28 November 2017
A local authority had not breached its duty under s 5(1) & (2) of Care Act 2014 when making limited increases to fees it paid to care home operators
30 November 2017, by Tim Baldwin
R. (on the application of Care England) v Essex CC  EWHC 3035 (Admin)
30 November 2017, by Connor Johnston
Haringey London Borough Council v Ahmed  EWCA Civ 1861, 21 November 2017
UK required to pay Carer’s Allowance during dispute on whether another EEA state was responsible for paying that benefit
24 November 2017, by Desmond Rutledge
Secretary of State for Work and Pensions v Fileccia  EWCA Civ 1907: Sales, Lindblom and Asplin LJJ, 24 November 2017
21 November 2017, by Connor Johnston
Mavris v Xylia  EWHC 2949 (Ch), 1 November 2017
15 November 2017, by Desmond Rutledge
R (on the application of HC) v Secretary of State for Work and Pensions  UKSC 73, Lady Hale and Lords Clarke, Wilson, Sumption and Carnwath, 15 November 2017
15 November 2017, by Helen Curtis
Changes to the powers under ss 135 and 136 of the Mental Health Act 1983 are being brought in by ss 80–83 of the Policing and Crime Act 2017 with effect from 11 December 2017.
10 November 2017, by Desmond Rutledge
The claimant applied for Housing Benefit. This was refused on the basis that her self-employment “was not effective” such that she did not have a right to reside for benefit purposes.
10 November 2017, by Connor Johnston
Harris v Hounslow London Borough Council  EWCA Civ 1476, 5 October 2017