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

Adult social care, Children, Migrant support | Thursday 16 November 2023

Remedying past injustices: local authorities’ discretion to treat young people as former relevant children following flawed assessments

Blog post by Tessa Buchanan of the Garden Court Chambers Community Care Team.

Nadia O'Mara

Migrant support, Welfare benefits | Tuesday 10 October 2023

Home Office publishes new policy instruction on lifting NRPF conditions for those on student leave following concession in test case

Blog post by Nadia O'Mara of the Garden Court Chambers Immigration and Community Care Law Teams.

Sophie Caseley

Adult social care, Capacity, Mental health | Monday 21 August 2023

Which local authority must provide s117 duty after-care services after someone has been detained and discharged from hospital under the Mental Health Act 1983?

Blog post by Sophie Caseley of the Garden Court Chambers Mental Health Law and Community Care Teams. R (on the application of) Worcestershire County Council v Secretary of State for Health and Social Care [2023] UKSC 31 (10 August 2023)

Maria Moodie

Migrant support | Monday 31 July 2023

Home Office breached statutory duty to ensure provision of adequate accommodation for pregnant asylum seeker and children

Blog post by Maria Moodie of the Garden Court Chambers Community Care and Immigration Teams.

Tim Baldwin Alex Schymyck

Mental health | Tuesday 30 May 2023

Open Justice and the Mental Health Tribunal: Maher v FTT

Blog post by Tim Baldwin and Alex Schymyck of the Garden Court Chambers Public Law and Mental Health Teams.

Amanda Weston KC Maria Moodie

Adult social care, Children, Migrant support | Friday 20 January 2023

Human Rights Assessments: Local Authority concedes Children Act 1989 duties take precedence over residual & discretionary Immigration Act 1999 powers

The claimant, HTT, was represented by Amanda Weston KC and Maria Moodie of Garden Court Chambers. Counsel instructed by Verity Cannell of Bindmans LLP.

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

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