Housing & Social Welfare

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The Housing and Social Welfare Team is uniquely placed to provide a 'one-stop shop' service to address the multiple problems faced by lay clients in these practice areas.

The team advises in all areas of housing law and in immigration, community care, housing benefit, social security, mental health, prisoners' rights as well as education, environmental and employment law. Our multi-disciplinary approach enables members of the team to make the links between these specialist areas. Team members have particular experience in niche areas such as homelessness, allocations, housing benefits, asylum seekers, community care, provision for immigrants and group actions.

Members of the team act in housing, environment and planning actions on behalf of groups of tenants or residents, including squatters (Oval Mansions). Team members have also acted in private law claims for groups of tenants involving disrepair, asbestos, cockroach infestation, noise pollution and inherent defects, including Marquess Estate (Islington), Kingshold Estate (Hackney) and Wellington Mills (Lambeth).

Practitioners have appeared at all levels of the justice system from tribunals to the House of Lords. 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.

We are extensively involved in legal services development. Memberships include the Housing Law Practitioners Association, the Administrative Law Bar 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.

Doughty Street Chambers is a leader in the human rights field and has a dedicated Human Rights Unit with a co-ordinator and an extensive human rights library with on-line current law services. All team members are active contributors to the work of the Unit, including Butterworth's on-line service 'Human Rights Direct'. The team also offers advice on human rights and public law through Chambers' Specialist Support Contract, which is funded by the Legal Services Commission. We have conducted seminars, written publications and participated in training videos on the impact of the Human Rights Act.

The team is supported with a fully equipped library, a qualified librarian and the services of an IT manager. Chambers has access to 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 work as well as contributing to legal and other publications. We organise a series of CPD-accredited practitioner seminars in our training room, details of which are available in the Seminars and Events section.

Team Members

Seminars & CPD

The Housing & Social Welfare Team provide an annual seminar programme. Full details of this years 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 2 CPD hours. They are provided to our professional colleagues for the nominal charge of £20 (incl. VAT) per delegate 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 and so prompt registration by email is advised. Places are reserved upon receipt of your registration and payment of the nominal charge. The charge was introduced to avoid colleagues registering but not attending which in past years left others who wished to attend without a place and empty seats on the day. In the event that you register but cancel at least 48 hours prior to the seminar date your fee will be reimbursed in full.

If you have any question relating to the email invitation list or administration of reservations please contact Chris Atkinson (email). If you have any questions about the seminar programme please contact Stephen Reeder (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 Stephen Reeder using the earlier link.

• Public authorities - squaring the circle

  To be announced

  Date and venue to be arranged by the LSC This one-day seminar is provided under the Legal Services Commission Second Tier Advice contract. It will consider the importance of the 'public …

  
  

• Let's be discriminating about this

  Wednesday 1 October 2008 from 18:00 to 20:00

  postponed from 24th June 2008 Tracey Bloom and Henrietta Hill leads a seminar considering the application of the Disability Discrimination Act 1995 to claims for possession, and the equality …

  
  

• From the neighbourhood

  Wednesday 12 November 2008 from 18:00 to 20:00

  postponed from 22nd July 2008 Mai-Ling Savage leads a seminar looking at local connection for the purposes of homelessness assistance under Part 7 and allocation under Part 6 of the 1996 Act …

  
  

Cases

Recent cases include:

Equality & Human Rights

• - Malcolm v Lewisham LBC [2008] UKHL 43; S v Floyd [2008] EWCA Civ 201 (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) (Court of Appeal to hear appeal in July 2008) - the impact of Articles 6 and 8 of the European Convention on the assessment of age of unaccompanied child asylum seekers.
• - 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.
• YL v Birmingham CC [2007] UKHL 27; [2007] 3 WLR 112 - 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)
• Savage v S Essex NHS Partnership Trust [2007] EWCA Civ 1375 (representing MIND as intervener) - established that the duty owed by psychiatric hospital under Article 2 to a patient detained under the Mental Health Act 1983 is the same as that owed by a prison to a prisoner, namely that set out in Osman v United Kingdom. (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 (Omar Ahmad) v Newham LBC [2008] EWCA Civ 140 - Newham's choice based lettings scheme held to be unlawful as it does not permit a composite assessment of housing need. Newham's appeal to the House of Lords is pending.
• 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 (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)
• Waltham Forest LBC v Maloba (the Law Society intervening) [2007] EWCA Civ 1281 - 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 - 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

• Jones v Merton LBC [2008] EWCA Civ 660 - the circumstances in which the liability of a tolerated trespasser to pay mesne profits ceases.
• Holmes v South Yorkshire Police Authority (Details) [2008] EWCA Civ 51 - Proprietary estoppel and whether police officers are secure tenants.
• 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)

Housing Benefits

• R (Heffernan) v the Rent Service [2007] EWCA Civ 544 (appeal to House of Lords pending) - the manner in which the Rent Service had approached definition of locality for housing benefit purposes). (details)

Right to Buy

• Hanoman v Southwark LBC [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 (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 (24 May 2007) - 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

• 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 (M) v Hammersmith & Fulham LBC [2008] UKHL 14 - the interaction between Part 7 of the Housing Act 1996 and Part 3 of the Children Act 1989. (details)
• 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

• 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
• Savage v S. Essex NHS Partnership Trust [2007] EWCA Civ 1375, Times, 9 January 2008 (representing MIND as intervener) - established that the duty owed by psychiatric hospital under Article 2 to a patient detained under the Mental Health Act 1983 is the same as that owed by a prison to a prisoner, namely that set out in Osman v United Kingdom. (details)
• 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); [2007] 4 All ER 754 - 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 & Partners, 2008

This prominent civil liberties set handles a range of housing cases including homelessness, possession proceedings and tolerated trespasser cases. Martin Westgate was described by one source as "the best opponent that I have ever gone up against," whilst another commented that "he is fantastic and makes you think that you are in the wrong job." Interviewees believe that his strength is a result of his "ability to exercise exceptional judgement by homing in on the better points of a case." Robert Latham was described as "a forceful and imaginative advocate." Recently he has been looking at whether the Disability Discrimination Act 1995, as amended by the 2005 act, provides a defence to possession proceedings where the landlord would otherwise have a right to possession. The "dedicated" Stephen Reeder is a "charming and effective advocate." Vice-president of HLPA, Tracey Bloom, is regarded as one of the most able juniors in this area. "Her paperwork is always scrupulously on point" and she is particularly highly regarded for her work in the area of homelessness. The "tenacious and effective" Jamie Burton is "junior but enormously able."

 

Chambers & Partners Guide to the Legal Profession, 2007

Doughty Street Chambers is another new entrant to the tables. The set is largely claimant-oriented, with housing expertise found in the housing and social welfare team. As its title suggests, this group is structured to provide clients with a "one-stop service" for their social housing or welfare needs. Consequently, it advises on housing, immigration, mental health, community care, employment and social security issues. Clients were particularly impressed by the "sheer depth of knowledge" the barristers have. For example, Martin Westgate is "bright, cerebral and dead straight to deal with". Interviewees feel that he is someone who "can take up a case and run with it". Robert Latham is seen "very much as an applicant's man". He has an "extremely detailed working knowledge of housing law but never loses sight of the client at the end of the process". Peers regard Stephen Reeder as a "good, clear opponent". One observer felt that "with Reeder it's not just about another brief fee: he offers an excellent standard of client care". Both Reeder and Latham make their first appearances in Chambers, as do Tracey Bloom and Jamie Burton. Bloom is "tenacious, effective and extremely hands-on". Clients commended her "practical approach" and "lack of airs and graces". Burton is "exceptionally good". Sources noted that he looks "at a case from all angles" and is "creative in his approach".