Latest Updates
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.
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)
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)
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)
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)
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
Adult social care, Health care | Thursday 17 December 2020
Social Welfare Update: Inherent jurisdiction in relation to vulnerable adults - Guidance on urgent applications
Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. Mazhar v Birmingham Community Healthcare Foundation NHS Trust [2020] EWCA Civ 1377
Adult social care, Health care | Thursday 17 December 2020
Social Welfare Update: Court of Appeal held NICE was right to use the Highly Specialised Drug procedure to appraise a new drug for treatment of phenylketonuria (PKU)
Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Cotter (A Child)) v National Institute for Health and Care Excellence (NICE) [2020] EWCA Civ 1037
