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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

Helen Curtis

Capacity, Court of Protection | Friday 13 December 2019

Social Welfare Update: Fitting an intrauterine contraceptive device was the least restrictive option to protect AB, a woman with a moderate learning disability

An NHS Foundation Trust v (1) AB (by her litigation friend, the Official Solicitor) (2) CD (3) A Local Authority [2019] EWCOP 45, MacDonald J, 21 October 2019.

Tessa Buchanan

Adult social care | Tuesday 3 December 2019

Social Welfare Update: No looked-after needs under Care Act 2014 in absence of objective evidence of requirement for social worker support

R (Aburas) v London Borough of Southwark [2019] EWHC 2754 (Admin)

Ann Osborne

Children | Thursday 31 October 2019

Social Welfare Update: UKSC rules it is not within the scope of parental responsibility to consent to living arrangements for a 16-17 year old which would otherwise amount to a deprivation of liberty under Article 5

In the matter of D (A Child) [2019] UKSC 42, 26 September 2019

Bethan Harris

Capacity, Court of Protection | Thursday 31 October 2019

Social Welfare Update: Court of Appeal decision on capacity to use social media, consent to sexual relations and residence warns against “silos” when analysing capacity

B (by her litigation friend, the Official Solicitor) v A Local Authority [2019] EWCA Civ 913, 11 June 2019

Miranda Butler

Court of Protection | Thursday 31 October 2019

Social Welfare Update: Capacity to consent to sex: does the test for capacity require an understanding of the need for the other person to consent?

JB (Capacity: Consent to sexual relations and contact with others) [2019] EWCOP 39, Roberts J, 17 September 2019

Connor Johnston

Housing, Mental health | Tuesday 29 October 2019

Social Welfare Update: Vulnerability and medical evidence

Guiste v Lambeth LBC [2019] EWCA Civ 1758, 22 October 2019

Connor Johnston

Housing | Monday 28 October 2019

Social Welfare Update: Discharge of homelessness duties

R (SH) v Waltham Forest BC [2019] EWHC 2618 (Admin), 11 October 2019

Connor Johnston

Housing, Mental health | Monday 28 October 2019

Social Welfare Update: Discrimination arguments in homelessness appeals

Adesotu v Lewisham LBC [2019] EWCA Civ 1405, 2 August 2019

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