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

Court of Protection | Tuesday 11 September 2018

Cost orders and the Court of Protection

(London Borough of Lambeth v MCS (by her litigation friend the Official Solicitor) (1) Lambeth CCG (2) [2018] EWCOP 14;  and London Borough of Lambeth v MCS (by her litigation friend the Official Solicitor) (1); and Lambeth CCG (2)[2018] EWCOP 20)

Emma Fitzsimons

Children | Tuesday 11 September 2018

The Supreme Court finds that the requirement that parents be married or in a civil partnership in order to claim Widowed Parent’s Allowance is incompatible with Article 14 ECHR read with Article 8 ECHR and A1P1

Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48 – 30 August 2018

Emma Fitzsimons

Children | Wednesday 5 September 2018

Successful judicial review challenge to council’s decision to reduce special education needs funding by £5 million

R (on the application of (1) KE; (2) IE; and (3) CH) v Bristol City Council [2018] EWHC 2103 (Admin) – 3 August 2018

Connor Johnston

Housing | Wednesday 5 September 2018

Application of public sector equality duty to whether accommodation ‘reasonable to continue to occupy’

Lomax v Gosport BC [2018] EWCA Civ 1846, 01 August 2018

Connor Johnston

Housing | Tuesday 4 September 2018

Circumstances in which local authority may reconsider homelessness decision

R (Sambotin) v London Borough of Brent [2018] EWCA Civ 1826, 31 July 2018

Connor Johnston

Housing | Monday 3 September 2018

Reliance on Equality Act defence at warrant stage

Paragon Asra Housing Ltd v Neville [2018] EWCA Civ 1712, 26 July 2018

Connor Johnston

Housing | Sunday 2 September 2018

Allocation of social housing (1): challenge to 10-year residence requirement

R (Gullu) v London Borough of Hillingdon [2018] EWHC 1937 (Admin), 26 July 2018

Bethan Harris

Adult social care, Capacity, Court of Protection, Health care | Friday 20 July 2018

Mental Capacity (Amendment) Bill starts its journey through Parliament: the replacement of DoLS

The Bill introduces a new administrative scheme for authorisation of deprivation of liberty arising from arrangements for care or treatment of persons lacking capacity to consent to those arrangements.

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