Community Care Law Update - The Year in Overview - Part 2 (Adults)

A roundup of legislative, case law and policy developments from 2022-2023 in the areas of asylum support, welfare benefits, and the Care Act, delivered by a panel of specialists.

This was the second of a two-part webinar series on Community Care Law, following the first session on children.

Programme

• Asylum Support - Connor Johnston
• Welfare Benefits - Adrian Berry
• Care Act - Bethan Harris

Amanda Weston KC (Chair), Garden Court Chambers
Amanda's leading practice for and concerning vulnerable adults who may lack the mental capacity to make their own decisions and access justice includes advice and representation in the Court of Protection, the High Court and in Tribunals. Amanda has a particular interest in cases concerning the care of elders wishing to remain at home and adult safeguarding policies, including for prisoners & detainees, and the rights of those with learning disabilities to lead independent lives. She also acts in community care judicial review matters (including securing appropriate S117 aftercare in detained Mental Health Act cases), human rights, and Equality Act claims.

Amanda uses her expertise in mental capacity law and safeguarding practice to inform her approach to the representation of vulnerable adults and their litigation friends in a wide range of cases including access to legal aid and welfare benefits, damages claims for unlawful detention and breaches of the human rights & civil liberties of people with disabilities. She has particular experience in acting for people who may be neuro-diverse or on the autism spectrum and need support to access justice. She is adept in advising and representing discrimination matters touching on mental capacity, disability and fair access to social care. 

Bethan Harris, Barrister, Garden Court Chambers
Bethan specialises in community care law, housing law and Court of Protection. She brings her wealth of expertise in all these areas to complex cases which often include consideration of public law principles, equality and discrimination and capacity issues.  

She is a member of the Equality and Human Rights Commission's panel of counsel and an editor of the Community Care Law Reports. She represents Welsh bereaved families in the Covid-19 Inquiry.

Adrian Berry, Barrister, Garden Court Chambers
Adrian’s practice spans a range of inter-related public law areas concerning citizenship, immigration, human rights, international protection, and social assistance. Adrian acts and advises clients in the First-tier and Upper Tribunal in social security, healthcare and pensions cases, including but not limited to cases that touch on immigration issues, EU law issues, pensions and points of statutory construction. He has also acted in such cases, many reported, before the Administrative Court, the Court of Appeal and by way of reference before the Court of Justice of the European Union. He has particular expertise in the coordination of social security for migrants under EU Regulation 883/2004 and under the Withdrawal Agreement.

In community care matters, he acts and advises clients, and migrants, in particular, on access to community care services, and on lawful decision-making in the assessment and provision of care to people in need of services. 

Connor Johnston, Barrister, Garden Court Chambers
Connor has a particular interest in cases that involve the interplay between community care, housing, homelessness and asylum support. Connor advises and acts in judicial review proceedings relating to the provision of accommodation and support to vulnerable adults under the Care Act 2014, the provision of asylum support under the Immigration and Asylum Act 1999 and support for those on immigration bail under the Immigration Act 2016.

Connor often works on behalf of migrant families who have no recourse to public funds, as well as care leavers who require local authority accommodation or support. He has represented trafficking victims and understands the particular challenges survivors face when trying to obtain accommodation and support. Many of his Care Act cases involve concurrent possession proceedings and often relate to clients who lack capacity where the Official Solicitor is involved.