Robert Latham

Robert Latham is the senior member of the Housing and Social Welfare Team at Doughty Street. He specialises in housing law, administrative law and human rights. He is named as a leader in the field of social housing in Chamber and Partners 2009 directory ("not only extremely knowledgeable and hard-working, but also has an infectious enthusiasm for housing law." "Bullish when necessary," he is "capable of roughing up the other side nicely."); in administrative and public law in Legal 500 2008 and in civil liberties, administrative and public law in Legal Experts. In December 2008, he was named Legal Aid Barrister of the Year.

Robert is a member of the Bar Council's Civil Legal Aid Committee and assisted in formulating the Bar's response to "New Focus for Civil Legal Aid", the "Fundamental Legal Aid Review" and the "Carter" Review. He has been instructed in a number of CLS funding disputes including R (Southwark Law Centre) v Legal Service Commission [2007] EWHC 1715 (Admin); [2007] 4 All ER 754.

Robert is an acknowledged expert on Choice Based Lettings schemes. A series of three articles on "Allocating Social Housing" were published in Legal Action in June, August, October and December 2008 (click to read: Part 1 Part 2 Part3 Part 4). R (Ahmad) v Newham LBC [2008] EWCA Civ 140 is now the leading authority on the requirement that an allocation scheme should facilitate a composite assessment of housing need. The House of Lords heard Newham's appeal on 19th and 20th January 2009. Their judgment is awaited. This was the first occasion that their Lordships have considered Part 6 of the Housing Act 1996 and the requirements for a composite assessment (see R v Islington LBC, ex p Reilly & Mannix (1998) 31 HLR 651). In April 2007, Robert drafted HLPA's response to the C.L.G. consultation on statutory guidance on Choice Based Lettings (click here to view). He has advised Shelter Cymru on the legality of the allocation schemes adopted by a number of Welsh housing authorities. He has also advised a number of local housing authorities. Legal challenges include In R (Faarah) v Southwark LBC [2008] EWCA Civ 807, Southwark's allocation scheme was held to unlawful in respect of the manner in which medical points were transposed under their CBL banding scheme and the computation of priority dates. The Court of Appeal emphasised the duty of any local housing authority to ensure that their allocation schemes are compliant with their statutory obligations and are not subverted by inconsistent administrative practices.

Recent challenges under Part 7 of the Housing Act 1996 (homelessness) include Lambeth LBC v Johnston [2008] EWCA Civ 690 (the application of Regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999); LBC v Maloba (the Law Society intervening) [2007] EWCA Civ 1281; [2008] 1 WLR 2079 (whether it was reasonable for the applicant to occupy accommodation in Uganda; the costs order made in favour of the successful appellant); and R (Lynch) v Lambeth LBC [2006] EWHC 2737 (Admin); [2007] HLR 15 (when judicial review is appropriate in respect of an unreasoned decision letter). Robert has been instructed in a number of cases challenging the assessment of "priority need" by local housing authorities. He successfully challenged the manner in which medical assessments are made in R (Ghandali) v Ealing LBC [2006] EWHC 1859 (Admin); [2006] All ER (D) 134 (Jul).

Robert was recently instructed by the Equality and Human Rights Commission to intervene in Malcolm v Lewisham LBC [2008] UKHL 43; [2008] 1 AC 1399 and S v Floyd [2008] EWCA Civ 201; [2008] 1 WLR 1274 which addressed the impact of the Disability Discrimination Act 1995 on possession proceedings. His article in Legal Action (September 2008) considers the implications of Malcolm (click here to read). In January 2009, he drafted HLPA's response to the Office for Disability Issues' Consultation Paper "Improving Protection from Disability Discrimination" (click here to read). Robert was instructed in Williams v Richmond Court [2006] EWCA Civ 1719; [2007] HLR 22, the first case under the Act to challenge the refusal by a management company of consent for a long lessee to install a stairlift in the common parts.

Barristers at Doughty Street acted for a significant number of the 1,400 destitute asylum seekers who were caught by the provisions of section 55 of the Nationality Immigration and Asylum Act 2002. The Act highlighted the importance of establishing whether an asylum seeker is a child. Robert was instructed in the key decision of R (B) v Merton LBC [2003] 4 All ER 280 in which Stanley Burnton J gave guidance on the minimum requirements for a lawful assessment. He subsequently revisited these issues in R (T) v Enfield LBC [2004] EWHC 2297 (Admin), and R (C) v Merton LBC [2005] EWHC 1753 (Admin). He was a member of an ILPA Research Advisory Group which led to the report "When is a Child not a Child: Asylum, Age Dispute and the Process of Age Assessment" (Heaven Crawley, May 2007).

In the private law field, Robert has been instructed in a number of the leading cases involving the troubled status of the "tolerated trespasser" including Jones v Merton LBC [2008] EWCA Civ 660 ( the circumstances in which the liability of a tolerated trespasser to pay mesne profits ceases); Southwark LBC v Onayomake [2007] EWCA Civ 1426; [2007] TLR 289 (the disproportionate use of case management powers); Bristol CC v Hassan [2006] EWCA Civ 656; [2006] 1 WLR 2582 (whether a court is required to fix a date in a possession order for the surrender of possession) and Lambeth LBC v O'Kane [2005] EWCA Civ 1010; [2006] HLR 2 (waiver of breach/grant of new tenancy). His articles in Legal Action (May and August 2006) anticipated the new "postponed possession order" (Form N28A). He drafted the HLPA responses to the C.L.G. consultation papers "Tolerated Trespassers" (November 2007) (click here to view) and "Tolerated Trespassers: Successor Landlord Cases (December 2008) (click here to view). The first response was described as "a devastating critique of the tolerated trespasser doctrine" and was used as a briefing document when amendments were moved to the Housing and Regeneration Act 2008. In Wandsworth LBC v Whibley [2008] EWCA Civ 1259, the Court of Appeal gave important guidance as to the procedures to be followed in fixing a date for possession when a possession order using Form N28A has been made.

Early Human Rights Act challenges include St.Brice v Southwark LBC [2002] 1 WLR 1537 (the compatibility of procedures in respect of warrants of possession with Articles 6 and 8 as a result of which the LCD introduced procedural changes to protect occupants); R (McLellan) v Bracknell Forest BC [2002] QB 1129 (the leading Court of Appeal authority on the compatibility of the regime of introductory tenancies with Articles 6 and 8); and Merton LBC v Williams [2003] 35 HLR 20 (in which the Court of Appeal identified important procedural rights for introductory tenants.

Robert is an executive member of the Housing Law Practitioner's Association (HLPA) and a member of ALBA and HRLA. He has recently lectured and conducted workshops on housing allocations, homelessness, the Housing and Regeneration Act 1988, the Disability Discrimination Act, tolerated trespassers and age assessments. Course notes are available on the DSC and HLPA websites. He also lectures for the Chartered Institute of Housing and Lime Legal.

Chair of Victim Support (1997-2002). Camden Borough Councillor (1982-90). Health Authority Member (1985-90). In April 2005, he visited Syria on behalf of the Bar Council's Human Rights Committee to present a paper on developing civic society. In January 2007, he visited Sylhet (Bangladesh). The interaction between poor housing, poverty and health remains a particular interest.

Year of Call

1976

Education

MA (Cantab)

Email Address

r.latham@doughtystreet.co.uk

Specialist Teams

Team leader :

• Housing and Social Welfare

Member :

• Housing and Social Welfare
• Human Rights
• Public and Administrative Law