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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

Mai-Ling Savage

Capacity, Court of Protection | Thursday 1 July 2021

Capacity and best interests: agoraphobia, pregnancy and transfer to hospital

Blog post by Mai-Ling Savage of the Garden Court Chambers Court of Protection Team. A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33, Holman J, 13 May 2021

Helen Curtis

Capacity, Court of Protection | Thursday 1 July 2021

Capacity to decide to engage in sexual relations – application for a prospective declaration of incapacity rejected

Blog post by Helen Curtis of the Garden Court Chambers Court of Protection Team. A Local Authority v A Mother and A Father and DY [2021] EWCOP 28 (Knowles J) 10 May 2021

Tim Baldwin Adrian Berry

Migrant support | Thursday 1 July 2021

Home Office dispersal of asylum seekers in Bristol - failure of Secretary of State to lawfully apply her own policy

Adrian Berry and Tim Baldwin acted in the case R (on the application of IO) v The Secretary of State for the Home Department. Blog post by Tim Baldwin.

Tim Baldwin

Adult social care, Housing, Mental health | Thursday 1 July 2021

Proposed return to sheltered accommodation did not breach Local Authority and CCG’s duties under s117 MHA 1983

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R. (on the application of ZK, by her litigation friend, JU) v Norfolk County Council, Norfolk and Waveney CCG and LB Camden [2021] EWHC 1249 (Admin)

Desmond Rutledge

Welfare benefits | Thursday 1 July 2021

Universal credit policy on deductions for court fines unlawful as it did not contain exception for financial hardship

Blog by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Law Team. R (Blundel & Ors) v Secretary of State for Work and Pensions [2021] EWHC 608 (Admin)

Sonali Naik QC Ali Bandegani Connor Johnston

Migrant support | Thursday 1 July 2021

Napier barracks not ‘adequate’ accommodation for asylum-seekers

Sonali Naik QC and Ali Bandegani of Garden Court Chambers represented interveners JCWI. Blog post by Connor Johnston of the Garden Court Chambers Community Care Team.

Edward Fitzpatrick Matthew Ahluwalia

Housing | Thursday 1 July 2021

Court of Appeal considers affordability of accommodation in appeal concerning intentional homelessness

Edward Fitzpatrick and Matthew Ahluwalia, both of the Garden Court Chambers Housing Team, acted for the Appellant, instructed by Kevin Long of Hackney Community Law Centre.

Matthew Ahluwalia

Welfare benefits | Thursday 1 July 2021

Change to DWP guidance on recovering hardship payments for sanctioned Universal Credit claimants

Matthew Ahluwalia of the Garden Court Chambers Welfare Benefits Team was one of the counsel in the case. He was instructed by Sarah Clarke and Emma Vincent Miller of Public Law Project.

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