Latest Updates
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
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
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
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)
Housing, Migrant support | Friday 30 April 2021
Social Welfare Update: Local authority powers to accommodate rough sleepers during the pandemic
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
Children, Migrant support | Friday 30 April 2021
Social Welfare Update: High Court confirms urgency - and mandatory obligations - for Local Authorities to progress EUSS applications on behalf of children and care leavers
Blog post by Gráinne Mellon of the Garden Court Chambers Community Care Team. Re W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam), 31 March 2021
Adult social care | Friday 30 April 2021
Social Welfare Update: High Court holds a patient was "ordinarily resident", for the purposes of funding s 117 aftercare, in second local authority's area immediately before second period of detention
Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2021] EWHC 682 (Admin): Linden J
