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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

Rachel Schon

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

Social Welfare Update: Capacity and best interests in relation to Covid-19 Vaccination

E (Vaccine) [2021] EWCOP 7, Mr Justice Hayden, 20th January 2021

Tim Baldwin

Capacity, Court of Protection | Friday 26 February 2021

Social Welfare Update: Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member?

SD v Royal Borough of Kensington and Chelsea [2021] EWCOP 14

Desmond Rutledge

Welfare benefits | Friday 26 February 2021

Social Welfare Update: Suspension of DLA after 28 days in hospital did not violate Article 14 ECHR, in case of an adult patient with severe learning disabilities

MOC (by MG) v SSWP (DLA) [2020] UKUT 134 (AAC)

Desmond Rutledge

Welfare benefits | Friday 26 February 2021

Social Welfare Update: Denial of bereavement support payment to family of a deceased woman who had been unable to work and pay NI contributions due to severe disability breached ECHR

O'Donnell v Department For Communities [2020] NICA 36

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 QC Miranda Butler

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

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