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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

Gráinne Mellon

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

Tim Baldwin

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

Ollie Persey

Children, Health care | Friday 30 April 2021

Social Welfare Update: Parental responsibility and access to puberty blockers for transgender children

Blog post by Ollie Persey of the Garden Court Chambers Community Care Team. AB v CD & Ors [2021] EWHC 741 (Fam)

Rachel Schon

Adult social care, Capacity, Court of Protection | Friday 26 February 2021

Social Welfare Update: Capacity and best interests in relation to Covid-19 Vaccination

E (Vaccine) [2021] EWCOP 7, Mr Justice Hayden, 20th January 2021

Tim Baldwin

Capacity, Court of Protection | Friday 26 February 2021

Social Welfare Update: Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member?

SD v Royal Borough of Kensington and Chelsea [2021] EWCOP 14

Desmond Rutledge

Welfare benefits | Friday 26 February 2021

Social Welfare Update: Suspension of DLA after 28 days in hospital did not violate Article 14 ECHR, in case of an adult patient with severe learning disabilities

MOC (by MG) v SSWP (DLA) [2020] UKUT 134 (AAC)

Desmond Rutledge

Welfare benefits | Friday 26 February 2021

Social Welfare Update: Denial of bereavement support payment to family of a deceased woman who had been unable to work and pay NI contributions due to severe disability breached ECHR

O'Donnell v Department For Communities [2020] NICA 36

Tessa Buchanan

Housing | Friday 26 February 2021

Social Welfare Update: Council misapplied its Allocation Scheme by treating a “preference” given to families with children as an automatic decision in their favour

R (Nur) v Birmingham City Council [2020] EWHC 3526 (Admin)

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