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 …

  
  

• Give us a break

  To be announced

  Paul Bowen leads a seminar dealing the rights to respite care & breaks for families with disabled adults and children venue: Conference Hall, Nº 54 Doughty Street ( map ) CPD : 2 points Fee : …

  
  

• CCLR Seminar: Ordinary Residence Disputes

  Tuesday 13 May 2008 from 18:30 to 20:00

  Speakers: Simon Bull, assistant borough solicitor, Bracknell Forest DC Margaret Pedler, Social Care and Care Quality Commission Division, Department of Health Chaired by : Pauline Thompson, …

  
  

• Let's be discriminating about this

  Tuesday 24 June 2008 from 18:00 to 20:00

  Tracey Bloom and Henrietta Hill leads a seminar considering the application of the Disability Discrimination Act 1995 to claims for possession, and the equality duty imposed on public …

  
  

• From the neighbourhood

  Tuesday 22 July 2008 from 18:00 to 20:00

  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 venue: Conference Hall, Nº 54 …

  
  

• Facing the Tribunal

  Tuesday 23 September 2008 from 18:00 to 20:00

  Stephen Reeder leads a seminar looking at the expanding role of the Residential Property Tribunal Service including the proposals considered in Law Commission consultation paper 180 venue: …

  
  

• The Allocation game

  Wednesday 22 October 2008 from 18:00 to 20:00

  Robert Latham leads a seminar considering the law and practice relating to the allocations policies and CBL schemes operated by local authorities and registered social landlords venue: Conference …

  
  

• Marrying public & private

  Tuesday 25 November 2008 from 18:00 to 20:00

  Martin Westgate leads a seminar considering the developing law on deploying public law defences to private law claims venue: Conference Hall, Nº 54 Doughty Street ( map ) CPD : 2 points Fee : …

  
  

• The twilight zone

  Wednesday 10 December 2008 from 18:00 to 20:00

  Jamie Burton leads a seminar considering the options for tolerated trespassers, the use of postponed possession orders, and ways to unravel the existing chaotic state of the law venue: Conference …

  
  

Cases

Recent cases include:

Equality & Human Rights

• Malcolm v Lewisham LBC [2007] EWCA Civ 404; [2007] TLR 253 (representing the Disability Rights Commission as intervener) - the key housing case in 2007 on the impact of the Disability Discrimination Act 1995 on possession proceedings. Appeal pending the House of Lords which is to be heard between 28th April and 1st May. (details)
• 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)
• 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)

Part 6 - Allocations

• R (Ahmad) v Newham LBC [2007] EWHC 2332 (Admin) (Court of Appeal heard appeal in November - judgement awaited) - Newham's choice based lettings scheme held to be unlawful as it does not permit a composite assessment of housing need. (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

• 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, 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

• 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)
• Lambeth LBC v O'Kane [2005] EWCA Civ 1010; [2006] HLR 2 - the continuing saga of the "tolerated trespasser". (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 (Court of Appeal: 12th December 2007- judgment awaited) - 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.

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 (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)
• R (T) v Haringey LBC (1) Haringey Teaching NHS PCT [2005] EWHC 2235 (Admin); (2006) 9 CCLR 58 - interrelationship between duties of primary care trust under National Health Service Act 1977 and of local authority under Children Act 1989, Chronically Sick and Disabled Persons Act 1970 and section 49 Health and Social Care Act 2001 to a disabled child. (details)

Children

• R (M) v Hammersmith & Fulham LBC [2006] EWCA Civ 917 (heard in the House of Lords in January 2008) - 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

• 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)
• R (AN) v Mental Health Review Tribunal [2005] EWCA Civ 1605; [2006] QB 468 - whether the criminal standard of proof or a heightened civil standard is to be applied by the Mental Health Review Tribunal in determining the criteria for detention in sections 72 and 73 MHA 1983. (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.

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)

Last updated February 2008

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".