Tony specialises in public (administrative) law. His principal clients are English local authorities – about a third of London boroughs and several city and county councils.
He has more than 25 years’ experience of advising and acting for them in social services cases. Tony has probably been instructed at least once about every non-childcare issue a local authority social services solicitor could conceivably encounter.
He regularly appears on their behalf in the Administrative Court, the Court of Protection, the Upper Tribunal and the County Court. He has also acted for them in the Supreme Court (twice), the Court of Appeal (many times) and even the High Court of Northern Ireland (once).
Tony has a strong paperwork practice, which comprises writing advices, drafting letters (in particular pre-action protocol replies) and re-drafting policy documents.
He has hosted and taken part in many seminars, in particular about NRPF issues, ordinary residence, age assessments and charging for care.
If you would like more information about Tony’s practice, please contact his clerks or call +44 (0)20 7405 6114.
Adult social care - Care Act 2014
Adult social care - Mental Health Act 1983
Children’s services
Tony’s advice and representation concerning children services includes:
Part III of the Children Act 1989
- Support for families under section 17
- Accommodation for children under section 20: G v. Southwark-type cases and D v. Southwark-type cases
- Looked after children functions
- Leaving care functions
- Secure accommodation under section 25
- Co-operation between authorities under section 27
- Recoupment of cost under section 29
- Ordinary residence disputes under section 30
Chronically Sick and Disabled Persons Act 1970 (re. disabled children)
Special guardian allowances
Foster carer allowances
Adoption allowances
Age assessments
Tony has acted in and continues to act for local authorities in some of the most significant age assessments such as R (AOJ) v. Islington LBC [2024] EWHC 427 See his notable cases for more details.
No recourse to public funds (NRPF)
- Asylum-seekers
- Over-stayers
- EUSS (EU Settlement Scheme) cases
- Human rights assessments
Mental Capacity Act 2005
Tony advises local authorities on cases concerning the Mental Capacity Act 2005:
Capacity issues
Deprivation of liberty (DOL):
- Authorisations under Schedule A1
- Ordinary residence disputes under Schedule A1
- Eligibility under Schedule 1A
Section 21A applications
Other health and welfare cases
Property and affairs:
- Powers of attorney
- Deputies
International protection under Schedule 3
Notable cases
- Re. Tony Hickmott in the Court of Protection, ongoing – supported living placement for former MHA detainee
- R (AOJ) v. Islington LBC [2024] EWHC 427 – age assessment
- R (DK) v. Croydon LBC [2023] EWHC 1833 -human rights assessment
- R (AM) v. Barnet LBC [2023] EWHC 3034 – trafficking referral acting for the local authority (2nd defendant)
- A Local Authority v X [2023] EWCOP 64 – hoarding
- R (Cornwall C) v. Secretary of State for Health and Social Care [2015] UKSC 46 – meaning of ‘ordinary residence for purposes of section 24 of National Assistance Act 1948
- R (SL) v. Westminster CC [2013] UKSC 27 – meaning of care and attention for purposes of section 21 of National Assistance Act 1948
- R (Sunderland CC) v. South Tyneside C [2012] EWCA Civ – meaning of ‘resident’ in section 117 of the Mental Health Act 1983
- R (AE) v. LB Croydon [2012] EWCA Civ 547 – age assessment
- R (AS) v. LB Ealing [2012] EWHC 356 – age assessment
- K v. LBX [2012] EWCA Civ 79 – best interests in the Court of Protection
- LB Hillingdon v. Neary [2011] EWHC 3522 – ECHR claim in the Court of Protection
- R (VC) v. Newcastle CC [2011] EWHC 2673 – support for a family under section 17 of the Children Act 1989 and under section 4 of the Immigration and Asylum Act 1999
- R (SL) v. Westminster CC [2011] EWCA Civ 954 – accommodation under section 21 of the National Assistance Act 1948
- R (FL) v. LB Lambeth [2010] EWHC 49 whether duty owed to a child under section 20 of the Children Act
- LB Enfield v. SA [2010] EWHC 196 – evidence and disclosure in the Court of Protection
- R (A) v. LB Lambeth [2010] EWHC 1652– leaving care functions under the Children Act 1989
- R (Birara) v. LB Hounslow [2010] EWHC 2113 -leaving care functions under the Children Act 1989
- R (MM) v. LB Lewisham [2009] EWHC 416 – accommodation under section 20 of the Children Act 1989
- R (Liverpool CC) v. LB Hillingdon [2009] EWCA Civ 43– inter-authority dispute about support for a child
- R (A) v. LB Enfield [2008] EWHC 1886 (Admin)– placing of child’s name on Child Protection Register
- PCT v. AH [2008] EWHC 1403– welfare case in the Court of Protection
- R (LB Hillingdon et al.) v. Lord Chancellor et al. [2008] EWHC 2683 (Admin)– challenge to increase in court fees for bringing care proceedings – acted for NSPCC
- R (A) v. Liverpool CC [2007] EWHC 1477- age assessment
- R (Mooney) v. LB Southwark [2006] EWHC 1912 – accommodation under section 21 of the National Assistance Act 1948
- R (Binomugisha) v. LB Southwark [2006] EWHC 2254– application of Schedule 3 to the Nationality, Immigration and Asylum Act 2002
- R (Hughes) v. Liverpool CC [2005] EWHC 428- accommodation under section 21 of the National Assistance Act 1948
- R (O) v. LB Haringey [2004] EWCA Civ 535– accommodation under section 21 of the National Assistance Act 1948
- R (T) v. LB Enfield [2004] EWHC 2297– age assessment
- R v. LB Ealing ex p. G [2002] EWHC 250 –issue concerning nearest relative for purposes of the Mental Health Act 1983
- R v. LB Barnet ex p. G [2001] EWCA Civ 540 – accommodation for family under section 17 of the Children Act 1989
- R (Khana) v. LB Southwark [2001] EWCA Civ 999 – accommodation under section 21 of the National Assistance Act 1948
- R v. LB Brent ex p. Sadiq (2000) HC – duty to house under section 193 of the Housing Act 1996
- R v. LB Islington ex p. Batantu (2000) HC – accommodation under section 21 of the National Assistance Act 1948
- R v. LB Ealing ex p. C (1999) CA – accommodation for family under section 17 of the Children Act
Education
- BA (Manchester)
Professional memberships
- ALBA