News for Joshua Swirsky

March 05, 2021 Joshua Swirsky acts for local authority whose criminal investigation into person who lied to obtain s.17 Children Act support found to be lawful

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.

April 08, 2020 Joshua Swirsky represents successful local authority in judicial review challenging its interpretation of the limit of its Care Act 2014 powers

Joshua Swirsky acted for the successful local authority in R(Idolo) v LB Bromley [2020] 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.