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

Helen Curtis

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

Social Welfare Update: Damages of £143,000 for unlawful deprivation of liberty of incapacitous care home resident upheld

London Borough of Haringey v Emile [2020] County Court at Central London, 18 December 2020, HHJ Saggerson

Tim Baldwin

Adult social care, Health care | Friday 26 February 2021

Social Welfare Update: Health Secretary acted unlawfully by not publishing details of pandemic contracts within stipulated period breaching his own Transparency Policy

Good Law Project Ltd & Ors, R. (On Application of) v Secretary of State for Health And Social Care

Desmond Rutledge

Welfare benefits | Friday 26 February 2021

Social Welfare Update: Court of Appeal rules that the exclusion of EEA citizens with ‘Pre-settled Status’ from accessing Universal Credit is unlawful

R (Fratila & Tanase) v Secretary of State for Work and Pensions [2020] EWCA Civ 1741

Stephanie Harrison KC Ronan Toal Gemma Loughran Ella Gunn

Migrant support | Friday 26 February 2021

Social Welfare Update: Provision of support to trafficking victims following a negative conclusive grounds decision

MN v SSHD [2020] EWCA Civ 1746

Connor Johnston

Housing | Friday 26 February 2021

Social Welfare Update: Breach of Public Sector Equality Duty in bringing possession proceedings cured by subsequent compliance

Taylor v Slough BC [2020] EWHC 3520 (Ch)

Helen Curtis

Adult social care, Capacity, Court of Protection | Wednesday 23 December 2020

Social Welfare Update: Contact for those in care homes – the need for an individualised and proactive approach

Blog by Helen Curtis of the Garden Court Chambers Court of Protection Team. Davies v Wigan Council & Anor [2020] EWCOP 60

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 KC 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.

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