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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

Edward Fitzpatrick Connor Johnston

Housing | Wednesday 23 December 2020

Social Welfare Update: Overcrowding caused by children getting older not a “deliberate act” for purposes of housing allocation

Blog by Connor Johnston of the Garden Court Housing Team. Ed Fitzpatrick of the Garden Court Housing Team represented Mr Flores.

Liz Davies Nick Bano Connor Johnston

Housing | Wednesday 23 December 2020

Social Welfare Update: Settled accommodation – Doka revisited

Blog by Connor Johnston. Liz Davies and Nick Bano of the Garden Court Housing Team acted for the Respondent Ms Broderick.

Edward Fitzpatrick Sophie Caseley Connor Johnston

Housing | Wednesday 23 December 2020

Social Welfare Update: No “temporal leeway” in considering out of borough placement

Blog by Connor Johnston. Ed Fitzpatrick and Sophie Caseley of the Garden Court Housing Team acted for the Respondent Ms Broderick.

Tim Baldwin

Adult social care, Health care | Wednesday 23 December 2020

Social Welfare Update: Legality of Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 upheld; meaning of self-isolation

Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Francis) v Secretary of State for Health and Social Care [2020] EWHC 3287(Admin)

Desmond Rutledge

Welfare benefits | Wednesday 23 December 2020

Social Welfare Update: Extension of Past Presence Test for DLA breaches disabled children’s Art 14 ECHR rights

Blog by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Law Team on TS (by TS) v Secretary of State for Work and Pensions (DLA); EK (by MK) v Secretary of State for Work and Pensions (DLA) [2020] UKUT 284 (AAC)

Desmond Rutledge

Welfare benefits | Friday 18 December 2020

Social Welfare Update: Payments from discretionary trust did not disentitle claimant from income-related ESA

Blog by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Law Team. SM v Secretary of State for Work and Pensions (ESA) [2020] UKUT 265 (AAC)

Helen Curtis

Capacity, Court of Protection, Mental health | Friday 18 December 2020

Social Welfare Update: Mental Health Act 1983 conditional discharge and authorisation of deprivation of liberty under MCA 2005 Sch. A1 - whose decision is it anyway?

Blog by Helen Curtis of the Garden Court Chambers Mental Health Law Team. MC v Cygnet Behavioural Health Ltd and The Secretary of State for Justice [2020] UKUT 230 (AAC)

Tim Baldwin

Adult social care, Health care, Migrant support | Thursday 17 December 2020

Social Welfare Update: Advance payments for NHS Treatment and Foreign Nationals – guidance changes

Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of MP) v Secretary of State for Health and Social Care [2020] EWCA Civ 1634

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