Joshua Swirsky and Christine Cooper acted in a case considering local authority responsibility for young asylum seekers whose age had been challenged.
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.
Joshua Swirsky discusses the case of R(MA) v LB Croydon in which he 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.
The current pandemic poses particular problems to care home managers and local authorities who make such placements. It raises questions about their legal obligations and the rights of care home residents in the face of this health crisis.
Joshua Swirsky will speak about Covid-19’s impact on supported housing, care homes and sheltered housing at a free Social Housing Law Association webinar on Thursday 11 June.
Joshua Swirsky acted for the successful local authority in R(Idolo) v LB Bromley  EWHC 860 (Admin).
Joshua Swirsky acted for the successful local authority in R(Idolo) v LB Bromley  EWHC 860 (Admin). The case involved the Administrative Court considering the relationship between the Care Act 2014 and the Housing Act 1996 in the context of someone with serious health problems who had accommodation but it was no longer suitable because of his ongoing care needs. The Deputy Judge also considered a claim for damages under the Human Rights Act 1998.
All lawyers using the Civil Courts in England & Wales ought to be aware of changes to the Civil Procedure Rules that take effect next week. In particular, amendments to CPR 22 revise the form of Statements of Truth.
Sarah McKeown defended the successful local authority in a claim for judicial review concerning planning permission. Permission to bring the claim had been refused on the papers and the claimant requested an oral hearing to renew his application for permission to bring a judicial review.