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

Capacity, Court of Protection | Friday 19 October 2018

Court decides P has capacity to consent to sexual relations but contraception device is to remain in place without P’s knowledge

P (Sexual Relations and Contraception) v 2, [2018] EWCOP 10, 18 April 2018, Baker J

Desmond Rutledge

Welfare benefits | Tuesday 16 October 2018

Upper Tribunal confirms that making a claim for universal credit (UC) in itself will trigger a transfer to the UC universal credit system - even if the claimant later withdraws the UC claim

Her Majesty's Revenue and Customs v LD (TC): [2018] UKUT 306 (AAC), Judge Jacobs, 18 September 2018

Connor Johnston

Housing | Monday 15 October 2018

Who is an ‘aggrieved’ person for the purposes of EPA proceedings?

Watkins v Aged Merchant Seamen's Homes and Historic Property Restoration Limited [2018] EWHC 2410 (Admin), 17 April 2018

Connor Johnston

Housing | Monday 15 October 2018

Application of notice requirement under s21(1B) Housing Act 1988 during probationary period of AST

Livewest Homes Ltd v Bamber [2018] EWHC 2454 (QB), 27 September 2018

Connor Johnston

Housing | Monday 15 October 2018

Conditions imposed under HMO licence can be used to limit the class of persons for whom property is suitable

Nottingham City Council v Parr [2018] UKSC 51

Desmond Rutledge

Welfare benefits | Tuesday 11 September 2018

Zambrano carer entitled to Child Benefit and Child Tax Credit based on an Agreement between the EU and Morocco

Her Majesty's Revenue and Customs v HEH and Secretary of State for Work and Pensions (TC and CHB): [2018] UKUT 237 (AAC) Judge Ward, 17 July 2018

Bethan Harris

Capacity, Children | Tuesday 11 September 2018

Deprivation of liberty and local authority care arrangements for children

Re A-F (Children) (No. 2) [2018] EWHC 2129 (Fam), Sir James Munby, 8 August 2018

Bethan Harris

Adult social care | Tuesday 11 September 2018

Care Act 2014: reduction in care package for woman with multiple sclerosis upheld

R (on the application of) VI v London Borough of Lewisham [2018] EWHC 2180 (Admin), Andrew Henshaw QC (sitting as a Judge of the High Court), 15 August 2018

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