Housing & Social Welfare

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The Housing and Social Welfare Team advises in all aspects of housing and social welfare law. The Team offers a comprehensive service on all housing related issues including homelessness, allocations, possession actions, anti-social behaviour, disrepair, unlawful eviction and housing benefit. More widely, all members of the Team advise in the linked areas of community care, Children Act cases, eligibility, disability and mental health. The Team is also closely linked with Doughty Street's other specialist teams in related areas such as immigration, criminal justice, asylum and mental health. All members of the Housing and Social Welfare Team are members of the Chamber's recently launched Community Care and Health Team. Underlying all our work is a commitment to human rights, equality and diversity.

The Team act in group actions in housing, environment and planning cases on behalf of tenants or residents, including squatters (Oval Mansions). The Team have recently advised the residents of the Crown Estate Commissioners on the proposed transfer of their estate to a focused housing provider. The Team have also acted in private law claims for groups of tenants involving possession, disrepair, asbestos, cockroach infestation, noise pollution and inherent defects, including Ocean Estate (Tower Hamlets), Marquess Estate (Islington), Kingshold Estate (Hackney) and Wellington Mills (Lambeth).

Practitioners have appeared at all levels of the justice system from tribunals to the Supreme Court. Our clerks have extensive experience of courts and tribunals at all levels. As a result of the large number of applications for judicial review handled by Doughty Street Chambers, the clerks have detailed knowledge of the practice and procedure of the Administrative Court and can assist in listing emergency applications.

In 2009, we opened offices in Manchester and Bristol to broaden our geographical reach and to service the new regional offices of the Administrative Court. The Housing and Social Welfare Team has been strengthened by the recruitment of Alex Durance and John Hobson to the Manchester office.

Doughty Street Chambers is a leader in the human rights field and equality. We are extensively involved in legal services development. Members of chambers are on the executives of or otherwise involved with the Housing Law Practitioners Association, the Administrative Law Bar Association, the Human Rights Law Association, the Social Security Practitioners Association, the Immigration Law Practitioners Association, the Environmental Law Foundation and the Public Law Project. The Team includes trained mediators, and team members can assist in housing and social welfare law mediations.


The team is supported with a fully equipped library, a qualified librarian and the services of an IT manager. Chambers has access to Westlaw, LexisNexis, Lawtel, Smith Bernall and a wide range of other on-line materials. Paperwork can be provided by e-mail or disk to meet individual solicitors' requirements.


Members of the team give seminars, lectures and training in all areas of housing and social welfare work as well as contributing to legal and other publications. We organise a series of CPD-accredited practitioner seminars in our training room. To view a list of our forthcoming seminars please click here. For further details please go to our Seminars and Events section. Handouts for recent seminars and other recently published materials are available by clicking the links below

31st January 2011 - 'Age Disputes'
Speakers: Alison Pickup & Azeem Suterwalla. Click here for additional acompanying legislation.

'Lost and altered consciousness - a headache for many' Social Care and Neurpdisability Volume 2 Issue 1 February 2011
Co-author: Jim Shepherd

18th February 2011 - 'The Point of Pinnock: Article 8 continues'
Speakers: Tracey Bloom & Lindsay Johnson

8th March 2011 - 'Unlawful Eviction'
Speakers: Dominic Preston & Alex Durance

5th April 2011 - 'Disrepair'
Speakers: John Hobson & Ben Chataway

17th May 2011 - ''Panic on the streets' - A seminar on anti-social behaviour cases'
Speakers: Dominic Preston & Jim Shepherd
Chair: Stephen Reeder

22nd June 2011 - 'Homelessness Update and Review'
Speakers: Lindsay Johnson & Jamie Burton

21st July 2011 - 'Civil Legal aid: the sentencing and punishment of practitioners ...?'
Chair: John Gallagher, Shelter
Speakers: Robert Latham & Ben Chataway

12th September 2011 - 'Getting your tackle in order - Good Practice in the Administrative Court'
Chair: John Hobson
Speakers: Robert Latham & Alex Durance

Team Members

Seminars & CPD

The Housing & Social Welfare Team provide an annual seminar programme. Full details of this year's programme can be found on the seminars and training section of this website (see below for details). Seminars are held on weekdays between 6pm and 8pm in our dedicated Conference Hall at Nº 54 Doughty Street, London WC1N 2LS (click here for map) and are accredited to provide 1.5 CPD hours. They are provided to our professional colleagues free of charge as part of our commitment to professional development and excellence. Invitations for each individual seminar are sent by email to our professional colleagues two weeks before the seminar is presented and places are allocated to the first three colleagues from each firm which responds. If you wish to be added to our email list to receive invitations please provide your details using this link. The seminars are often oversubscribed so prompt registration by email is advised.

If you have any question relating to the email invitation list or administration of reservations please contact our Training Supervisor (email). If you have any questions about the seminar programme please contact Sean Collum (email). The team are always pleased to consider requests for off-site, inhouse or other dedicated seminars for groups of prefessional colleagues and such requests should be directed to Sean Collum using the earlier link.

• Human Rights Act Defences

  Monday 5 March 2012 from 18:30 to 20:00

  Speakers: Martin Westgate QC & Dominic Preston , Doughty Street Chambers Venue: 53-54 Doughty Street, London, WC1N 2LS CPD: 1.5 Points Cost: Free To reserve your place on this seminar, …

  
  

• Leasehold valuation

  Monday 16 April 2012 from 18:30 to 20:00

  Speakers: Dominic Preston & Jim Shepherd , Doughty Street Chambers Venue: 53-54 Doughty Street, London, WC1N 2LS CPD: 1.5 Points Cost: Free To reserve your place on this seminar, please …

  
  

• Homelessness Pt VII Update

  Thursday 10 May 2012 from 18:30 to 20:00

  Speakers: Tracey Bloom & Jamie Burton , Doughty Street Chambers Venue: 53-54 Doughty Street, London, WC1N 2LS CPD: 1.5 Points Cost: Free To reserve your place on this seminar, …

  
  

• Getting your tackle in Order - Good Practice in the Administrative Court

  Tuesday 3 July 2012 from 18:30 to 20:00

  Speakers: Martin Westgate QC & Stephen Reeder , Doughty Street Chambers Venue: 53-54 Doughty Street, London, WC1N 2LS CPD: 1.5 Points Cost: Free To reserve your place on this …

  
  

Cases

Recent cases include:

Equality & Human Rights

• Savage v S Essex NHS Partnership Trust [2008] UKHL 74; Chief Constable of Hertfordshire v. Van Colle; Smith v Chief Constable of Sussex [2008] UKHL 50 - acting on behalf of the interveners in two cases in the House of Lords on the scope of the positive protective obligation under Article 2 owed by psychiatric hospitals and the police
• Lewisham LBC v Malcolm (Equality and Human Rights Commission intervening); S v Floyd [2008] UKHL 43; [2008] 1 AC 1399 (representing the Equality and Human Rights Commission as intervener) - the impact of the Disability Discrimination Act 1995 on possession proceedings (details)
• R (M & A) v Lambeth LBC and Croydon LBC [2008] EWHC 1364 (Admin) (judgment of the Court of Appeal is awaited) - the impact of Articles 6 and 8 of the European Convention on the assessment of age of unaccompanied child asylum seekers; whether age is an issue of precedent fact.
• 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 (G) v Nottinghamshire Healthcare NHS Trust and others [2008] All ER (D) 267 (May) - lawfulness under Articles 8 and 14 ECHR of smoke-free ban introduced in psychiatric hospitals
• R (G) v Nottingham City Council and Nottingham University Hospital [2008] EWHC 152 and 400 (Admin) - unlawful removal of newborn baby from his mother, a care leaver; Article 8, common law and Children Acts
• YL v Birmingham CC [2007] UKHL 27; [2008] 1 AC 95 whether a privately owned care home is performing functions of a public nature for the purposes of the Human Rights Act (details)
• R (Chavda) v Harrow LBC [2007] EWHC 3064 (Admin) - failure of authority to have regard to their disability equality duty in determining to restrict adult care services to people with critical needs only (details)
• Couronne & others v Crawley BC & others [2007] EWCA Civ 1086 - whether habitual residence test for Part VII HA eligibility and jobseekers allowance unlawfully discriminates on racial grounds between Irish claimants and British claimants from the Chagos Islands or is irrational; whether discrimination is within exception to Race Relations Act 1976; whether discrimination is prohibited by EU Race Directive
• Williams v Richmond Court [2006] EWCA Civ 1719; [2007] HLR 22 - the first case under the Disability Discrimination Act to challenge the refusal by a management company for consent by a long lessee to install a stairlift in the common parts (details)
• Esfandiari & Ors v Secretary of State for Work & Pensions [2006] EWCA Civ 282 - whether condition for funeral payment that burial takes place in UK is discrimination contrary to Article 14 (text of judgment)

Part 6 - Allocations

• 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
• 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
• R (Faarah) v Southwark LBC [2008] EWCA Civ 807 - Southwark's allocation scheme held to be unlawful in respect of the manner in which medical points were transposed under their CBL banding scheme and the computation of priority dates (details)
• R (Yazar) v Southwark LBC [2008] EWHC 515 (Admin) - Southwark's procedures for social services nominations were described as "unclear to the point of obscurity"
• R (Ghandali) v L.B.Ealing [2006] EWHC 1859; (Admin); [2006] All ER (D) 134 (Jul) - assessment of medical evidence by the authority's medical adviser (details)
• R (Heaney) v Lambeth LBC [2006] EWHC 3332 (Admin) - assessment of need by local housing authority

Part 7 - Homelessness

• 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 (details)
• Tanya Barrett v Southwark LBC [2008] EWHC 1568 (Comm) - extending time for a Housing Act appeal
• Maloba v Waltham Forest LBC (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 (details)
• Ahmed v Leicester CC [2007] EWCA Civ 843 - discharge of duty upon the applicant refusing an offer of Part 6 accommodation (details)
• R (Osei) v Southwark LBC [2007] EWCA Civ 787; [2008] HLR 15 - challenge to finding of intentional homelessness (details)
• Desnousse v Newham LBC & others [2006] EWCA Civ 547; [2006] QB 831 - whether temporary accommodation provided for homeless applicants is protected by the Protection from Eviction Act 1977,s. 3(2B); the impact of Articles 6 and 8 (details)
• Slaiman v Richmond-upon-Thames LBC [2006] EWHC 329 (Admin); [2006] HLR 20 - challenge to authority's refusal to extend time for a statutory review (details)
• Robinson v Hammersmith & Fulham LBC [2006] EWCA Civ 1122; [2007] HLR 7 - unlawful deferral of decision in assessing priority need of a child. (details)
• Slater v Lewisham LBC [2006] EWCA Civ 394; (2006) HLR 37 - challenge to authority's decision to treat their housing duty as discharged; variation of the authority's decision on appeal (details)

Possession Proceedings

• Brittain (in her capacity as Enforcement Receiver of the estate of "N") v "N" & Aliane [2009] EWHC 2884 (Admin) - The first reported case on the rights of innocent third parties who have an interest in property which is the subject of confiscation, possession and enforcement proceedings arising out of the proceeds of crime
• Whitehouse v Lee [2009] EWCA Civ 375 (14 May 2009) - Challenge to the court's approach on reasonableness of the grant of a possession order made against an elderly couple facing eviction after 45 years in the same premises
• 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
• 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 in a possession action (details)
• Holmes v South Yorkshire Police Authority [2008] EWCA Civ 51 - Proprietary estoppel and whether police officers are secure tenants (details)
• Bristol CC v Hassan [2006] EWCA Civ 656; [2006] 1 WLR 2582 - whether a court is entitled to make a postponed possession order without fixing a date. This decision lead to the introduction of the new Form 28A (the "postponed possession order"). (details)

Anti-social behaviour

• Bedfordshire Pilgrims Housing Association v Khan [2007] EWCA Civ 1445; whether a tenant can be required to give immediate possession pursuant to an ASBI

Housing Benefits

• R (Heffernan) v the Rent Service [2008] UKHL; [2008] 1 WLR 1702 - the manner in which the Rent Service had approached definition of locality for housing benefit purposes

Right to Buy

• Hanoman v Southwark LBC [2009] UKHL 29; [2009] 1 WLR 1367 and in the court of appeal [2008] EWCA CIV 624 - raises a range of issues under Part 5 of the Housing Act 1985 where there had been a prolonged delay by the authority in completing the purchase (details)

Social Security

• R (EM) v. DWP [2009] EWHC 454 (Admin); R (RD and PM) v. DWP [2008] EWHC 2635 (Admin)) (currently on appeal to the Court of Appeal) two judicial review claims arising out of the removal of social security benefits for transferred restricted patients
• R (M) v Birmingham City Council [2009] 1 F.L.R. 1068: Residence order allowance: legality of local authority policy and of its application
• R (M) & Ors v HM Treasury [2008] UKHL 26 - question referred to the ECJ on whether the EU prohibition on payment of funds to persons listed by the UN as terrorists applies to payment of funds to the wife of a listed person, where she provides her husband with material support but not cash
• Tkachuk v Secretary of State for Work & Pensions [2007] EWCA Civ 515 - whether time for claiming backdated social security benefit as a recently recognised refugee runs from receipt of notice of recognition by the refugee's immigration solicitor or only from the date the refugee receives it
• Hooper v Secretary of State for Work & Pensions [2007] EWCA Civ 495 - where one social security commissioner considered that instructions to a benefit claimant are ambiguous, another commissioner was not entitled to hold that they were clear enough to give rise to recovery of an overpayment of incapacity benefit

Community Care

• R (Harrison & Garnham) v Health Secretary [2009] EWHC 574 (Admin)) (currently on appeal to the Court of Appeal) a judicial review of the Health Secretary's policy not to provide direct payments for healthcare services
• R (Scott) v London Borough of Hackney [2009] EWCA Civ 217 (Costs in social welfare judicial review cases)
• Lambeth LBC v Ireneschild [2007] EWCA Civ 234; [2007] HLR 34 - community care assessment; application of the FACS guidance; relevant considerations; procedural fairness (details)
• R (Berry) v Cumbria County Council [2007] EWHC 3144 (Admin) - charging for day care centres; consultation
• R (Bishop) v Bromley LBC [2006] EWHC 2148 Admin; (2006) 9 CCLR 635 - challenge to the lawfulness of the closure of an Old People's Day Care centre
• R (Grogan) v Bexley NHS Care Trust [2006] EWHC 44 (Admin); [2006] BLGR 491 - leading case on health/social services accommodation divide. (details)

Children

• R(A) v Croydon; R(M) v Lambeth [2009] UKSC - the new Supreme Court unanimously decided that where there is a dispute about the age of a young person who claims to be a child, the issue must be resolved by the courts not by local authorities
• R (G) v The London Borough of Southwark [2009] 1 WLR 1299 - The House of Lords dealt with the interaction between Part 3 Children Act 1989 and Part 7 Housing Act 1996
• R (H) v Essex CC, Court of Appeal, December 10, 2009; and in the Admin court [2009] EWHC 353 lawfulness of a policy prohibiting retrospective residence order allowances for children
• R (JL and LL) v. Islington LBC [2009] EWHC 458 (Admin) - a judicial review challenge to Islington LBC's 'eligibility criteria' for disabled children's services
• R (LSS) v. Youth Justice Board [2009] EWHC 2347 (Admin) - Judicial review of the decision of the Youth Justice Board to refuse to contract with a number of secure children's homes for vulnerable children in the criminal justice and care system
• R (B) v Barnet LBC [2009] EWHC 2842 (Admin) - the first case to establish a breach of the section 19 Education Act 1996 duty owed to children who are out of school
• Collins v Knowsley Metropolitan Borough Council [2009] 1 FLR 493 - s20 Children Act 1989 and duty to maintain looked after children
• R (M) v Hammersmith & Fulham LBC [2008] UKHL 14; [2008] 1 WLR 535 - the interaction between Part 7 of the Housing Act 1996 and Part 3 of the Children Act 1989. (details)
• R (W) v. North Lincolnshire Council [2008] ALL ER (D) 34 Council not entitled to use s.17 Children Act support where s.20 Children Act criteria met.
• R (S) v Sutton LBC [2007] EWCA Civ 790; (2007) 10 CCLR 615 - duty to provide accommodation under s.20 Children Act 1989 to homeless children leaving custody; duty to make arrangements in advance of the child's release.
• R (A) v Liverpool City Council [2007] EWHC 1477 (Admin) - assessment of age of an unaccompanied asylum seeker (details)
• D v Southwark LBC [2007] EWCA Civ 182; [2007] 1 FLR 2181 - s.20 Children Act 1989 and duty to maintain looked after children and pay for accommodation. (details)
• R (M) v Gateshead Council [2006] EWCA Civ 221; [2006] QB 650 - local authority duties to accommodate children detained at police station. (details)
• R (BG) v Medway Council [2005] EWHC 1392 (Admin); [2006] 1 FLR 663 - lawfulness of loan conditions for adaptations to the home for disabled children pursuant to Children Act 1989. (details)

Mental Health

• Savage v S Essex NHS Partnership Trust [2008] UKHL 74; Chief Constable of Hertfordshire v. Van Colle; Smith v Chief Constable of Sussex [2008] UKHL 50 - acting on behalf of the interveners in two cases in the House of Lords on the scope of the positive protective obligation under Article 2 owed by psychiatric hospitals and the police
• R (Rayner) v Secretary of State for Health & Others [2008] EWCA Civ 176 - lawfulness under Art 5(4) of reference procedure to the Mental Health Review Tribunal of a recalled restricted patient
• R (B) v S and others [2006] EWCA Civ 28 - challenge to the forcible treatment of mentally capacitated detained patients. (details)

Health

• Rogers-v-Swindon NHS Primary Care Trust [2006] EWCA Civ 392; [2006] 1 WLR 2649 - refusal of the Primary Care Trust to prescribe Herceptin held to be unlawful. (details)

Asylum Support

• R (AW Kenya) v SSHD [2006] EWHC 3147 (Admin); [2007] ACD 33 - scope of SSHD's powers to provide clothing to failed asylum seekers
• R (Rasul) v Asylum Support Adjudicator & Or [2006] EWHC 435 (Admin) - whether a failed asylum seeker is entitled to 'hard cases' support as a person who has no viable route of return to his country

Legal Aid

• R (Southwark Law Centre) v Legal Service Commission [2007] EWHC 1715 (Admin); [20078] 1 WLR 1368 - the manner in which the LSC had assessed liability for rent in a possession action held to be unlawful. (details)

What the Directories say

Chambers and Partners, 2011

This set is dedicated to the public sector and is well equipped to handle a broad range of housing matters. Individuals here are "extremely user-friendly and conscientious," and are invariably seen at the forefront of significant legal developments in the sector. Commentators note that the culture of helpfulness and the sense of willingness to discuss matters permeates right through the set, from the barristers to the clerks.

Martin Westgate QC took silk this year and peers agree this was "thoroughly well deserved." Instructing solicitors would always turn to him "for the most complex cases where heavyweight intellectual input is required."

Tracey Bloom receives outstanding praise for her "fierce commitment to defending the rights of her clients." She is renowned for "going that extra mile" and "being particularly in tune with the needs of vulnerable clients." In court, Bloom is "thorough, tenacious and extremely cool under pressure." Robert Latham is also impressive in court, and "gets right to the heart of the case and knows where to land the punches." He is praised for his "overwhelming knowledge" of housing law, particularly allocation, an area where he has been instructed in many of the leading cases.

Kate Markus has a broad public law practice and, besides being "approachable and friendly," is commended for being "able to turn her hand to anything that is thrown at her." Stephen Reeder is "very good with clients" and has a "strong presence in court," whilst Jamie Burton continues to impress with his "eagle eye for detail and reassuring manner." Finally, Dominic Preston wins praise for his "conscientious and dependable attitude" and his "straightforward, accessible advice."

 

Chambers and Partners, 2010

This set has a large number of high-quality lawyers and is regarded as a major force in the sector. The barristers generally work for tenants and applicants alone, and pride themselves on their multidisciplinary approach. Robert Latham was Legal Aid barrister of the year and is well known for his "no holds barred" style and ability to put his cases "fearlessly and with enthusiasm." He has been working mainly on allocation cases recently, as well as disability discrimination. Martin Westgate recently broadened his practice into more general housing work. Praise was forthcoming for him due to his "unique ability to store lots of information and his particularly sharp mind." Tracey Bloom is "incredibly dedicated and experienced in a wide range of housing work." Interviewees reserved warm praise for her excellent writing and her pragmatism when fighting cases. They were also anxious to press the claims of Stephen Reeder, a strong player who fights his corner well in difficult situations in front of judges. He undertakes a large amount of social housing work. Jamie Burton is "dependable and pragmatic," and is often seen in the highest courts. He attracts praise as a "very forceful advocate" and is a client favourite along with Kate Markus. Markus practises a wide range of law and handles a good deal of community care work and general public law. She is complimented for her skills in social housing and her ability to work closely with solicitors. Dominic Preston has been at Doughty Street for 18 months, primarily working on homelessness cases, and has been in the highest courts. His "sharp mind and impressive workload" were both highlighted by peers.