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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

Tim Baldwin

Adult social care, Children, Health care, Mental health | Thursday 1 July 2021

High Court orders fresh assessment of 16-year-old's needs after Discharge Care Programme Approach document under s117 MHA 1983 deemed unlawful

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R. (on the application of AK, by her mother and litigation friend GK) v Islington LBC, North Central London Clinical Commissioning Group [2021] EWHC 301 (Admin)

Connor Johnston

Housing | Friday 30 April 2021

Social Welfare Update: Security of tenure for person accommodated by local authority under Everyone In

Blog post by Connor Johnston of the Garden Court Housing Team. R (Abudah Ali Ibrahim) v Haringey LBC and Capital Home Services Ltd [2021] EWHC 731 (QB), 30 March 2021

Tim Baldwin

Adult social care, Welfare benefits | Friday 30 April 2021

Social Welfare Update: Norfolk Council’s policy on charging for services unlawfully discriminated against severely disabled service-users and breached their Human Rights

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R (SH acting through her mother and litigation friend MH) v Norfolk CC [2020] EWHC 3436 (Admin): Griffiths J

Bethan Harris

Capacity, Court of Protection | Friday 30 April 2021

Social Welfare Update: Making arrangements for paid for sexual services for a person who lacked capacity to make those arrangements was not an offence under s 39 Sexual Offences Act 2003

Blog post by Bethan Harris of the Garden Court Chambers Court of Protection Team. A Local Authority -and- C (by his litigation friend, AB), A Clinical Commissioning Group and Secretary of State for Justice [2021] EWCOP 25, Hayden J, 26 April 2021

Connor Johnston

Housing | Friday 30 April 2021

Social Welfare Update: Circumstances in which court will grant mandatory order requiring local authority to provide ‘suitable’ accommodation

Blog post by Connor Johnston of the Garden Court Housing Team. R (Imam) v The London Borough of Croydon [2021] EWHC 739 (Admin), 26 March 2021

Desmond Rutledge

Welfare benefits | Friday 30 April 2021

Social Welfare Update: Person subject to immigration control cannot claim Carer’s Allowance as a family member of a British national who has not exercised freedom of movement rights

Blog post by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Team. Secretary of State for Work and Pensions v AS (CA) [2021] UKUT 24 (AAC)

Connor Johnston Liz Davies Adrian Berry

Housing, Migrant support | Friday 30 April 2021

Social Welfare Update: Local authority powers to accommodate rough sleepers during the pandemic

Tim Baldwin

Adult social care | Friday 30 April 2021

Social Welfare Update: Secretary of State was correct as to the responsibility for funding accommodation at Transitional Rehabilitation Unit when determining ordinary residence under National Assistance Act 1948

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Lancashire County Council) v Secretary of State for Health and Social Care, v JM and St Helens Council [2021] EWHC 268 (admin); HHJ Eyre QC

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