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

Desmond Rutledge

Welfare benefits | Tuesday 28 May 2019

Social Welfare Update: Revised benefit cap does not discriminate against lone parents with children below school age under arts 14 and 8 ECHR nor does it breach art 3(1) UNCRC

R (DA & Ors) v Secretary of State for Work and Pensions [2019] UKSC 21, Lady Hale PSC, Lord Reed DPSC, Lord Kerr JSC, Lord Wilson JSC, Lord Carnwath JSC, Lord Hughes JSC, Lord Hodge JSC, 15 May 2019

Bethan Harris

Adult social care, Capacity, Court of Protection | Tuesday 28 May 2019

Social Welfare Update: Court of Protection: Personal health budget with third-party brokerage; lack of alternative options

Harrow CCG v IPJ, IJJ and AJ (by his litigation friend, the Official Solicitor)[2018] EWCOP 44, HHJ Hilder, 20 April 2019

Connor Johnston

Housing | Tuesday 28 May 2019

Social Welfare Update: Looking to the future when considering whether applicant homeless at home, and procedural fairness in review process

Safi v Sandwell MBC [2018] EWCA Civ 2876, 21 December 2018

Connor Johnston

Tuesday 28 May 2019

Social Welfare Update: Children Act 1989 s17 - flawed assessment of destitution

R (JA, GA, and EF (by their mother/aunt and litigation friend AA) v Bexley LBC [2019] EWHC 130 (Admin), 1 February 2019

Bethan Harris

Capacity, Court of Protection | Tuesday 23 April 2019

Social Welfare Update: Court of Protection - Best interests decisions in respect of a person suffering from end stage dementia

Hounslow CCG v RW (by his litigation friend, the Official Solicitor) and Others [2019] EWCOP 12, Hayden J, Vice President of the Court of Protection, 29 March 2019 PW v (1) Chelsea and Westminster Hospital NHS Foundation Trust and (2) RW (by his litigati

Bethan Harris

Capacity, Court of Protection | Tuesday 23 April 2019

Social Welfare Update: High Court's inherent jurisdiction for the protection of vulnerable adults used to prevent a person from returning home to a life-threatening situation

Southend-on-Sea Borough Council v Mr Meyers [2019] EWHC 399 (Fam), Hayden J, 20 February 2019

Bethan Harris

Capacity, Court of Protection | Tuesday 23 April 2019

Social Welfare Update: Assessing capacity to make decisions on use of internet and social media

Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2, 21 February 2019, Cobb J Re B (Capacity: Social Media: Care and Contact) [2019] EWCOP 3, 21 February 2019, Cobb J

Bethan Harris

Capacity, Court of Protection | Tuesday 23 April 2019

Social Welfare Update: High Court's inherent jurisdiction for the protection of vulnerable adults - permission to appeal refused against interim order requiring a person to reside in a care home

A Local Authority v BF [2018] EWCA Civ 2962, Baker LJ, 1 December 2018

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