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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Connor Johnston

Housing | Friday 20 July 2018

Rent arrears, housing benefit problems and intentional homelessness

Oduneye v London Borough of Brent [2018] EWCA Civ 1595, 5 July 2018

Connor Johnston

Housing | Friday 20 July 2018

Homelessness: whether ‘minded to’ letter must offer face-to-face interview

Kamara v London Borough of Southwark, Leach v St Albans City and District Council, Piper v South Bucks District Council [2018] EWCA Civ 1616, 12 July 2018

Emma Fitzsimons

Children | Friday 20 July 2018

When will damages awarded under the HRA for breaches of duty by Local Authorities following care proceedings be subject to the statutory charge?

Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC1628 (Fam), 5 June 2018

Emma Fitzsimons

Children, Migrant support | Friday 20 July 2018

High Court gives guidance on the relationship between applications in the family court for FGM protection orders for children and existing immigration proceedings in the Tribunal

BA, AA and JA, AA (Female Genital Mutilation Protection Orders and Immigration Appeals) [2018] EWHC 1754 (Fam), 3 July 2018

Connor Johnston

Housing | Friday 22 June 2018

Suspended possession orders: procedure for enforcement and proleptic discharge provisions

The appellant, Mr Armstrong, was the secure tenant of the Respondent, Ashfield DC. In June 2013, following a trial, a suspended possession order was made in respect of Mr Armstrong’s home.

Connor Johnston

Capacity, Housing | Friday 22 June 2018

Capacity to make a homeless application

WB (a protected party through her litigation friend the Official Solicitor) v W District Council [2018] EWCA Civ 928, 26 April 2018

Connor Johnston

Housing | Friday 22 June 2018

Damages for unlawful eviction

Mr Smith was the assured shorthold tenant of Mr Khan. The tenancy commenced in June 2014. It was for a fixed term of 12 months.

Connor Johnston

Housing | Friday 22 June 2018

Whether to award ECHR damages for breach of homelessness duties

The claimant, M, was an Irish national with three children. The middle child, T, had spastic quadriplegic cerebral palsy and bilateral hip dislocation and relied on a wheelchair to mobilise.

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