Our social welfare pages provide bite-sized updates on recent case law and policy, brought to you by Garden Court barristers specialising in adult social care, children’s services, Court of Protection, social housing and welfare benefits.
9 August 2017, by Tim Baldwin
R (on the application of SB) v NHS England  EWHC 2000 (Admin), 08 August 2017
The family of a seven-year-old boy whose condition could cause brain damage have won a Judicial Review challenge over an NHS decision not to fund provision of a drug called Kuvan.
NHS in England has announced it will fund prescribing PrEP to reduce the risk of being infected with HIV from September
9 August 2017, by Tim Baldwin
NHS England fought a court case against funding the prescription of PrEP, arguing responsibility for paying for it should fall to local authorities not the NHS. Following defeat in the Courts on 3 August 2017, NHS England announced it will fund the drug from September 2017.
Sir James Munby: The nation will have “blood on our hands” if an NHS bed cannot be found for a teenager with acute mental health issues
3 August 2017, by Tim Baldwin
Re X (A Child) (No 3)  EWHC 2036 (Fam), 3 August 2017
Garden Court Chambers Housing Team respond to the consultation of Terms of Reference of the Grenfell Tower Inquiry
3 August 2017, by Liz Davies
The response addresses the interim report, the second stage of the inquiry, the importance of the views of the residents and the structure and make up of the inquiry.
Local Health Boards in Wales were wrong not to fund registered nurse in care home where care may involve provision of social care
2 August 2017, by Tim Baldwin
R (on the application of Forge Care Homes Ltd and others) (Appellants) v Cardiff and Vale University Health Board and others (Respondents)  UKSC 56 on appeal from  EWCA Civ 26, 2 August 2017
2 August 2017, by Connor Johnston
Jamila Afonso da Trindade v Hackney London Borough Council  EWCA CA Civ 942, 6 July 2017
The appellant, T, was from the island of Sao Tomé off the west coast of central Africa. In February 2013, upon her sister’s suggestion, she gave up her tenancy and came to the UK in order to access better medical treatment for her disabled daughter. Upon arrival in the UK, they stayed with T’s sister in a property which she rented in North London.
1 August 2017, by Connor Johnston
R (E) v Islington London Borough Council  EWHC 1440 (Admin), 30 June 2017
1 August 2017, by Tim Baldwin
JF, R (on the application of JF acting through his mother and litigation friend KF) v The London Borough of Merton (Rev 1)  EWHC 1519 (Admin), 30 June 2017
1 August 2017, by Mai-Ling Savage
Djaba v West London Mental Health Trust & Anor  EWCA Civ 436, 28 June 2017
The appeal concerned the narrow issue of whether the statutory tests within ss 72, 73 and 145 of the MHA required a “proportionality assessment” to be conducted, pursuant to Articles 5 and/or 8 of the European Convention of Human Rights and Fundamental Freedoms (ECHR) and the Human Rights Act 1998, taking into account the conditions of Mr Djaba’s detention.
S21A MCA 2005 not appropriate where the central issue was whether CANH life-sustaining treatment was in a person’s best interests
31 July 2017, by Bethan Harris
Director of Legal Aid Casework (1) Secretaries of State for Health and for Justice (2) The Official Solicitor (3) v Briggs  EWCA Civ 1169, 31 July 2017, President of the Queen’s Bench Division (Sir Brian Leveson), Lady Justice King and Lord Justice Burnet