Overview: Robert Latham is the senior member of the Housing and Social Welfare Team at Doughty Street. He is a housing specialist. He is an acknowledged expert in the allocation of social housing and has been instructed in the leading cases. He primarily acts for claimants, but has both advised and lectured local housing authorities on devising lawful policies. He also specialises in administrative law, discrimination and human rights. In December 2008, he was named Legal Aid Barrister of the Year. Recent cases: R (Ahmad) v Newham LBC [2009] UKHL 14; [2009] HLR 31 - the leading authority on the requirements of a lawful allocations scheme under Part 6 Housing Act 1996. Lewisham LBC v Malcolm (Equality and Human Rights Commission intervening) [2008] UKHL 43; [2008] 1 AC 1399 - intervened on behalf of the EHRC in this leading authority of the definition of "disability related discrimination" and the extent to which the Disability Discrimination Act can provide a defence in possession proceedings. R (van Boolen) v Barking & Dagenham LBC [2009] EWHC 2196 (Admin) - the detail required in an authority's published allocation scheme; reducing priority on grounds of lack of local connection. R (Alam) v Tower Hamlets LBC [2009] EWHC 44 Admin - the proper approach to be adopted in construing an allocation scheme; the legal requirement to afford a reasonable preference to all homeless applicants, regardless of whether they are in priority need. Hunt v Hussain (Legal Action, Oct 2009 p.25): £57,000 damages awarded for an unlawful eviction causing the former tenant to become severely depressed. Wandsworth LBC v Whibley [2008] EWCA Civ 1259; [2009] HLR 26 - important procedural guidance given by the Court of Appeal where a landlord applies to fix a date after a postponed possession order had been obtained on grounds of nuisance. R (Faarah) v Southwark LBC [2008] EWCA Civ 807; [2009] HLR 12 - the need for transitional provisions in a new allocation scheme; the systemic failure of the authority to allocate accommodation in accordance with their allocation scheme. Sedley LJ commended Southwark Law Centre for its "careful and well-informed correspondence" by which it "was able to locate and challenge the precise error of public administration which this appeal has confirmed Lambeth LBC v Johnston [2008] EWCA Civ 690; [2009] HLR 10 - the integrity of the statutory review regulations in determining any homelessness application. The authority's failure to comply with the regulations was found to be "indefensible and unlawful". Merton LBC v Jones [2008] EWCA Civ 660; [2008] 4 All ER 287 - a case which contributed to the demise of the refined and artificial concept of the "tolerated trespassers". Wilson LJ had regard to evidence adduced by HLPA and noted that many local authorities were unable to distinguish between their tenants and their tolerated trespassers. S v Floyd (Equality and Human Rights Commission intervening) [2008] EWCA Civ 201; [2008] 1 WLR 1274 - intervened on behalf of the EHRC in this possession action based on a mandatory ground of possession. R (Southwark Law Centre) v Legal Services Commission [2007] EWHC 1715 (Admin); [2008] 1 WLR 1368; [2008] HLR 2 - Collins J: the illegal manner in which the LSC sought to access the means of applicants in rent arrears cases. Maloba v Waltham Forest LBC (Law Society intervening) [2007] EWCA Civ 1281; [2008] 1 WLR 2079 - the proper interpretation of s.175 Housing Act 1996; appropriate costs orders in homelessness appeals. The Law Society intervened because of the potential impact on access to justice of the costs order sought be the authority.
What the directories say: He is named as a leader in the field of social housing in Chambers and Partners 2010 directory: "well known for his 'no holds barred' style and ability to put his cases 'fearlessly and with enthusiasm'" (2010); "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" (2009); He is also named as a leader in administrative and public law and human rights and civil liberties in Legal 500 2009 and in administrative and public law and civil liberties in Legal Experts 2009 (link via www.legalexpertsdirectory.com).
Practice areas: Robert is a housing specialist, with particular expertise in the following areas: Public law: Parts 6 (allocations) and 7 (homelessness) of the Housing Act 1996; Stock Transfers; the regulation of social landlords by the Tenants Services Authority; whether Registered Social Landlords/Registered Providers are "public authorities"; eligibility for housing assistance; the interaction between Part 3 Children Act 1989 and Housing Act duties. Private law: security of tenure under both Housing and Rent Acts; possession proceedings; framing possession orders (having been instructed in Bristol CC v Hassan (2006); unlawful evictions; group actions for disrepair; outstanding problems in respect of tolerated trespassers after the implementation of s.299 of the Housing and Regeneration Act 2008.
Other areas of specialism include: Public law, including challenges against the Legal Services Commission, social services authorities, and health authorities. Robert has also been instructed in environmental law challenges. Robert continues to be instructed in "age assessment" disputes having acted in the early landmark decision of R (B) v Merton LBC (2003). He also acts for those ineligible for mainstream welfare benefits. Human Rights, particularly the impact of Articles 6, 8 and 14. Robert acted in a number of the early cases relating to the impact of the European Convention on housing law (St Brice v Southwark LBC (2002); R (McLellen) v Bracknell Forest LBC (2002); and Merton v Williams (2003)). Robert recently drafted third party submissions for the EHRC in Kay v UK. Equality: Robert has been instructed by both the Disability Rights Commission and the EHRC. He acted in Williams v Richmond Court (2006). He has also advised on the scope of public sector equality duties. Robert is currently writing the Housing and Premises Chapters for a new text book on Equality and Discrimination Law. Costs and Legal Aid: appropriate costs orders are vital to the financial viability of private solicitors and Not for Profit organisations undertaking publicly funded work and who seek to ensure access to justice.
Publications: Robert regularly contributes to Legal Action; Inside Housing and the New Law Journal. A series of four articles on "Allocating Social Housing" were published in Legal Action between June and December 2008 (click to read: Part 1 Part 2 Part3 Part 4 ). Other recent articles include: "Conditional Possession Orders" (Legal Action, March 2009) (link); "Tolerated Trespassers: Successor Landlords (Legal Action, May 2009) (link); "Public Rights and Wrongs (NLJ, Oct 2009) (link) and Weaver v L&QHT (Inside Housing, July 2009) (link). Membership: Housing Law Practitioner's Association (HLPA); the Administrative Law Bar Association; and the Human Rights Law Association. Pro bono work: Robert is the Vice Chair (Civil) of the Bar Council's Remuneration Committee and a member of the Civil Legal Aid Sub-Committee. He sits as a member of Bar Disciplinary Tribunals. Robert has assisted in drafting the Bar's response to the various reviews of civil legal aid including "Legal Aid: Refocusing on Priority Cases" (2009); the Carter Review (2007); the Fundamental Legal Aid Review (2006) and "New Focus for Civil Legal Aid" (2004). He also assisted in framing the Bar's response to the Jackson Review of Civil Costs Robert is a member of HLPA's Executive Committee. He represents HLPA on the Administrative Law Users Group. Robert has recently drafted the following responses for HLPA: "Fair and Flexible" (October 2009) (link); Cross Domain Regulation (October 2009) (link); "Building a New Regulatory Framework - the TSA" (September 2009) (link); "Improving Protection from Disability Discrimination" (January 2009) (link) and "Tolerated Trespassers: Successor Landlord Cases (December 2008) (link). Robert 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). 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.
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