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.
Francis Hoar represents a solicitor who is seeking judicial review of the government’s hotel quarantine laws.
We are delighted to welcome Winsome Levy as a new tenant. Called to the Bar in 2003, Winsome specialises in Court of Protection, mental health tribunal, adult social care and inquest cases.
Tony Harrop-Griffiths reviews this High Court case in which he represented Croydon LBC. The case considered whether a local authority has to assess a person’s needs under the Children Act 1989 when another local authority has found them to be an adult. This case raised issues about which authority should be responsible for the age and needs assessment process (and for providing any support in the meantime) when the person concerned has moved from one authority’s area to another.
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.