This judgment discusses anticipatory deprivation of liberty orders in the context of prospective loss of capacity and the tension between respecting a young person’s autonomy and protecting them from harm when making best interest decisions.
Nikolas Clarke represented the local authority: its AMHP and Social Services department in an Article 2 jury inquest concerning SMV who died in April 2019. The jury gave a short narrative conclusion that did not find any causative factors.
This week has already seen two important developments for social housing practitioners: the laying before parliament of regulations dealing with, inter alia, the suspension of evictions from residential tenancies and the publication of the long-awaited Social Housing White Paper.
The Court of Appeal’s judgment this week in Sharif v Birmingham City Council upholds the right of local authorities to obtain injunctions using their broad, general power to issue legal proceedings under section 222 of the Local Government Act 1972.
Judgment was handed down today in the High Court case of Health Service Executive of Ireland v IM and Kent County Council. Christine Cooper acted for the successful local authority in the case concerning where a 92-year-old woman, IM, was habitually resident.
We are delighted that 8 members of chambers have been included in Chambers and Partners 2021. Additionally, we continue to be ranked as a set for our social housing law team.
Housing lawyers and professionals will find the judgment important because of the Supreme Court’s finding that a housing association is entitled to reserve its housing stock for people sharing a protected characteristic without necessarily thereby committing unlawful direct discrimination.
Practitioners should be aware that the changes to Part 81, Civil Procedure Rules which came into effect on 1 October 2020 have already caused issues in the county courts in matters concerning Anti-Social Behaviour, Crime and Policing Act 2014. There has been a disparity in how the courts are dealing with breaches both on arrest and on application.
Nikolas Clarke represented the local authority’s AMHP in an Article 2 ECHR inquest into the death of a man in his 30s.
We are delighted that 10 members of chambers have been included in Legal 500 2021. Additionally, we are ranked as a set for our social housing law team.