Kate Markus

Kate Markus has a public law and human rights practice which involves community care, mental health, health services, asylum support, children, housing, education and prisoners rights. She is presently acting in a number of control order cases under the Prevention of Terrorism Act. She also acts in Court of Protection cases.

She also acts in a range of other public law cases: planning and environment, local government, and community issues such as tenant consultation rights, voluntary sector funding and local service provision.

She is listed as a leading junior in Administrative and Public law, Civil Liberties and Social Housing in the Chambers and Partners directory 2010, Legal 500 2008 and Legal Experts directories.

Recent cases include:

• Secretary of State for the Home Department v AP [2009] EWCA Civ 731: control order curfew; whether a deprivation of liberty.

• R (B and others) v Worcestershire County Council 3.4.09: closure of adult day care centres; consultation; irrationality

• AE, AF, AM, AN v Secretary of State for the Home Deparment [2009] 2 WLR 423: Use of closed material in control order proceedings.

• R (M) v Birmingham City Council [2009] 1 F.L.R. 1068: Residence order allowance: legality of local authority policy and of its application.

• The Times Newspapers v AY [2008] EWHC 2455 (admin); control orders; anonymity; article 8 and article 10 ECHR.

• Secretary of State for the Home Department v Abu Rideh [2008] EWHC 2019 and 1993 (Admin) : control order, closed material, modification, proportionality.

• R (Berry) v Cumbria County Council [2007] EWHC 3144 (Admin): Charging for day care centres; consultation

• Secretary of State for the Home Department v MB [2008[ 1 AC 440: Use of closed material in control order proceedings under the Prevention of Terrorism Act 2005; application of and compatibility with article 6(1) ECHR.

• Lambeth LBC v Ireneschild (2007) HLR 34; (2006) 9 CCLR 686 : community care assessment; application of the FACS guidance; relevant considerations; procedural fairness.

• Lewis v. Gibson and MH [2005] EWCA Civ 587; [2005] 2 FCR 241: the relevant date for establishing the court's jurisdiction to deal with an application under s.29(3)(c) Mental Health Act 1983 for displacement of the nearest relative; relationship between displacement proceedings and best interests proceedings; guidance on the proper procedural approach to section 29 applications and CCR Order 49 rule 12(3)(b) in order to secure compliance with Article 6.

• R (AN and J) v MHRT and others (11.4.05) [2005] EWHC 587 (Admin) - the standard of proof applicable in mental health review tribunals

• R (E) v. Bristol City Council [2005] EWHC 74 (Admin) - extent of duty to contact nearest relative under section 11 Mental Health Act where incompatible with patient's convention rights.

• NHS Trust v. Ms T (Fam Div, unreported, 1 September 2004): capacity of mentally ill adult to refuse medical treatment; best interests.

• NHS Trust v. Ms T [2005] 1 All ER 387 Lloyds Rep Med 433: interim declaration regarding medical treatment of non-consenting adult; appropriate test; nature of declaration.

• R (HP and KP ) v. LB Islington [2004] EWHC 07 (Admin): relationship between community care assessment and care programme approach.

• R (Beale and Carty) v. LB Camden [2004] BLGR 291 (Admin): Arms Length Management Organisation; consultation under section 105 Housing Act 1985; legality of ballot.

Kate Markus also chaired the Independent Inquiry into the Care and Treatment of Mariam Miles, the report of which was published by NHS London in December 2006.

She is a part-time Employment Judge.

Kate Markus is a regular speaker at seminars and conferences about public law issues, and contributes to a variety of journals. She is co-author of the bi-annual review of developments in Public Law published in "Legal Action", and is an editor of the Community Care Law Reports.

She was a founding director of the Public Law Project and was its Chair for many years. She is also a school governor. She is a Vice-President of the Haldane Society.

Until 1994 Kate Markus was a Senior Legal Adviser at Brent Community Law Centre and she was Chair of the Law Centres Federation for a number of years. Until 1998 she was Honorary Fellow in Community Law Practice at the University of Kent. She was a member of the Legal Aid Board between 1993 and 1998 and has chaired the Bar Council's Working Group on the Community Legal Service. She was also a member of ICSTIS, the watchdog for premium rate telephone services, between 1994 and 2003.

She is a member of the Housing Law Practitioners Association, the Environmental Law Foundation, and the Administrative Law Bar Association.

Year of Call

1981

Education

LLB (Hons)

Email Address

k.markus@doughtystreet.co.uk

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Specialist Teams

Member :

• Housing and Social Welfare
• Human Rights
• International Law Group
• Mental Health
• Prisoner's Rights
• Public and Administrative Law