Joshua Swirsky and Christine Cooper acted in a case considering local authority responsibility for young asylum seekers whose age had been challenged.
Public law / local government news
Jonathan Pennington Legh acted recently in a case concerning Japanese knotweed. As Japanese knotweed seems to be becoming more prevalent, he considers how the related legislation impacts landowners particularly local authorities or other bodies (eg railway companies) and practical steps for them to take.
Christine Cooper acted pro bono for a couple who were successful in claiming rectification and damages for their personal data being processed unfairly. The case was referred to her by Advocate
Rebecca Handcock represented SS and Tony Harrop-Griffiths appeared for the local authority in SS v London Borough of Richmond Upon Thames & Anor – the first time the Court of Protection had to consider best interests when P (who lacks capacity) herself expressly objected to receiving the Covid-19 vaccination.
Today in London Borough of Barking and Dagenham and Others v Persons Unknown (London Gypsies and Travellers Friends, Families and Travellers and National Federation of Gypsy Liaison Groups intervening), the court held final orders brought against ‘persons unknown’ cannot bind newcomers. Between interim order and subsequent trial, a claimant must identify the person against whom the final injunction is sought.
Angela Hodes represented a local authority’s children’s social care services in an Article 2 inquest concerning the death of ED who was stabbed by her ex-boyfriend while collecting their child from school.
Joshua Swirsky represented the local authority in the deprivation of liberty case of CGM v Luton Borough Council. The court found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus.
The Court of Appeal has confirmed that where a local authority makes a homelessness review decision late, that decision is valid notwithstanding its lateness.
Sarah Salmon and Joshua Swirsky discuss the case of R(MA) v LB Croydon in which they acted for the successful local authority.
The case reaffirms the right of a local authority in most circumstances to carry out an investigation before deciding whether to start a prosecution under s222 of the Local Government Act 1972. For claimants, the case stresses the need to show they have some identifiable interest in the remedy sought to have standing to bring judicial review proceedings.