Community Care Law

"Garden Court Chambers advises across the full spectrum of community care issues. Members often appear before the UK Supreme Court and the European Court of Human Rights."

Chambers UK Bar Guide

"The clerks are extremely professional and always revert back to you with an answer. They are very obliging and efficient, and nothing ever seems too much trouble."

Chambers UK Bar Guide

"The barristers at Garden Court Chambers are experienced in the handling of a wide range of community care matters, drawing on the set's recognised strengths in complementary areas such as public law, human rights, immigration and social housing."

Chambers UK Bar Guide

"Members are highly adept at handling cases involving the closure of care homes and hospitals, needs assessments and the funding of community services... The barristers often appear before the High Court, the Court of Appeal and the Supreme Court, as well as the ECtHR."

Chambers UK Bar Guide

To contact the Community Care Clerks, please email commcareclerks@gclaw.co.uk or phone

+44 (0)20 7993 7600

Our community care team is recognised as a leading set in the Chambers & Partners Bar Guide.

We undertake significant litigation and our team has cross-disciplinary expertise that sets it apart from other chambers. We regularly advise individuals in need of community care services as well as charities and non-governmental organisations both in the UK and internationally.

We also regularly provide legal advisory support to organisations during parliamentary inquiries and the passage of key community care legislation. We have particular strength in the field of migrant rights.

Areas of Expertise

  • Support for looked after children and care leavers under the Children Act 1989
  • Care Act 2014 – social care for adults with care and support needs and carers
  • Support for parent carers and young carers
  • Support for persons subject to immigration control (including those subject to Schedule 3 of the Nationality, Immigration and Asylum Act 2002)
  • Age assessments
  • Education, including school exclusions and support for children with Special Educational Needs and Disabilities
  • Support for victims of trafficking
  • Asylum support
  • Support for those on immigration bail under Immigration Act 2016, Sch 10
  • Disabled facilities grants
  • Continuing healthcare and access to NHS treatment
  • Disputes between social services and health authorities
  • Charging issues arising from health and social care
  • Support under s117 Mental Health Act 1983 following discharge from hospital
  • Human rights and discrimination issues arising in all of these areas

Our community care team

Our community care barristers are regularly instructed in judicial review proceedings and have appeared at all court and tribunal levels from the First-Tier Tribunal through to the Supreme Court and the European Court of Human Rights. A number of team members are on the preferred panel of counsel for the Equality and Human Rights Commission (EHRC).

The strength of the team lies in individuals’ expertise across related areas of law such as public law, immigration, housing, civil liberties and human rights, welfare benefits, equality and anti-discrimination, Court of Protection, mental health, trafficking and LGBTI issues. Garden Court is ranked by Chambers & Partners in Band 1 for Immigration and Social Housing and is ranked as a leading set in Civil Liberties & Human Rights, Administrative & Public Law, Court of Protection (Health & Welfare), Education and Family Law.

 

Recent notable cases and news

Judge rules children should remain in foster care due to their individual needs

Lorna Cservenka of the Garden Court Family Law Team was instructed by Saffron Lewis of Dillex Solicitors.

8 March 2024

High Court grants permission for asylum seeker to challenge age assessment by judicial review

Helen Foot and Ubah Dirie of the Garden Court Community Care Law Team represented the Claimant.

6 March 2024

High Court finds local authority subjected disabled asylum seeker to inhuman and degrading treatment for seven months

Gráinne Mellon and Nadia O’Mara of Garden Court Chambers represented the Claimant, TMX. Counsel were instructed by Monica Kreel of TV Edwards.

29 January 2024

Garden Court Chambers welcomes four new pupils

Garden Court Chambers is delighted to welcome four new pupils: Matthew Banks, Abby Buttle, Daniella Davenport, and Christopher Lambert.

9 October 2023

Garden Court secures top tier rankings in the Legal 500 UK 2024

Garden Court Chambers is proud to be recognised as a Top Tier set again in the Legal 500 UK 2024 rankings.

4 October 2023

Immigration Blog: Age Assessments - More Than Just a Number

Blog post by Georgie Rea of the Garden Court Immigration Team.

2 October 2023

Connor Johnston conducting new Law Commission project on reforming social care for disabled children

Connor Johnston is a member of the Garden Court Chambers Community Care team.

13 September 2023

High Court rules Local Authorities obliged to consider support requests by appeal rights exhausted care leavers

Irena Sabic KC and Alex Grigg of Garden Court Chambers represented the Claimant, anonymised as DK, instructed by Radhi Shah of Youth Legal.

27 July 2023

New edition of Halsbury's Laws on Judicial Review

Ollie Persey of the Garden Court Chambers Public Law Team is the Consultant Editor of the latest edition of the highly regarded public law practitioner text, Halsbury’s Laws on Judicial Review, published this month.

21 July 2023

Blog: Reflection on the Children's Rights Summer Conference

Kate Aubrey-Johnson reflects on the Children's Rights Summer Conference held at Garden Court Chambers on 11 July 2023.

21 July 2023

Garden Court Chambers shortlisted for record-breaking TEN awards at The Legal 500 Bar Awards

We are delighted to announce that Garden Court Chambers has been shortlisted in a record-breaking ten categories at The Legal 500 Bar Awards.

12 July 2023

Irena Sabic KC appointed Deputy King’s Bench Master

Garden Court Chambers is delighted to announce that our colleague Irena Sabic KC has been appointed by the Lord Chief Justice as a Deputy King’s Bench Master, based at the Royal Courts of Justice.

11 May 2023

Duran Seddon, Edward Grieves & Irena Sabic of Garden Court Chambers & Associate Tenant Anna Morris appointed King’s Counsel today

Garden Court Chambers is delighted to announce that Duran Seddon, Edward Grieves and Irena Sabic of Garden Court Chambers, and Associate Tenant Anna Morris, have been formally appointed King’s Counsel today.

27 March 2023

Upper Tribunal rules policy of excluding cohabitees without relevant children from bereavement benefit is not incompatible with their human rights

1 February 2023

Human Rights Assessments: Local Authority concedes Children Act 1989 duties take precedence over residual & discretionary Immigration Act 1999 powers

The claimant, HTT, was represented by Amanda Weston KC and Maria Moodie of Garden Court Chambers. Counsel instructed by Verity Cannell of Bindmans LLP.

20 January 2023

Duran Seddon, Edward Grieves, Irena Sabic and Anna Morris to be appointed King’s Counsel

Garden Court Chambers is delighted to announce that Duran Seddon, Edward Grieves, Irena Sabic and Anna Morris will be appointed King’s Counsel in 2023.

23 December 2022

Grainne Mellon and David Neale shortlisted for LALY Awards 2022

19 May 2022

High Court grants six mandatory orders against local authority for “serious and substantial” breaches of duty to vulnerable 15-year-old child

Gráinne Mellon, of the Garden Court Chambers Public Law team, acted for the child, on behalf of her litigation friend. She was instructed by Serena Fasso, Public Law solicitor at Simpson Millar.

1 April 2022

Helen Foot, Emma Fenn and Gráinne Mellon appointed as Recorders

We are delighted to announce that Helen Foot (Call: 2008), Emma Fenn (Call: 2010) and Gráinne Mellon (Call: 2010) of Garden Court Chambers have been newly appointed as Recorders by the Queen.

26 January 2022

Grace Brown wins BSN Lawyer of the Year at UK Diversity Legal Awards 2021

We are delighted to announce Grace Brown is the BSN Lawyer of the Year, in the Chambers category, at the UK Diversity Legal Awards 2021

2 December 2021

Home Office settles case challenging appropriateness of s 95 accommodation

Tim Baldwin, of the Garden Court Chambers Community Care Team, represented the client, instructed by Sinead Nowak of Wilsons Solicitors LLP.

19 November 2021

James Holmes appointed Part-Time First-tier Tribunal Judge, assigned to Health, Education and Social Care Chamber

James will perform this role alongside his busy practice and continues to receive instructions across his practice areas.

15 November 2021

Gráinne Mellon highly commended at Bar Pro Bono Awards 2021 in the 'Junior Pro Bono Barrister of the Year' category

We are delighted to announce Gráinne Mellon of Garden Court Chambers was highly commended in the 'Junior Pro Bono Barrister of the Year' category at the Bar Pro Bono Awards 2021

3 November 2021

Gráinne Mellon shortlisted for International Bar Association's Pro Bono Award 2021

We are delighted to announce Gráinne Mellon of Garden Court Chambers has been shortlisted for the International Bar Association's Pro Bono Award 2021 for her incredible work helping vulnerable EU children and families apply to the EU Settlement Scheme.

28 October 2021

Garden Court secures number one rankings in Chambers UK Bar Guide 2022

21 October 2021

Home Office settles case challenging adequacy of accommodation provided to Asylum Seeker that posed risks to their children

The Claimant is represented by Tim Baldwin instructed by Scott Laing of Bhatia Best solicitors.

7 July 2021

High Court orders expedited “rolled up” hearing for failure of Home Office to disperse vulnerable Asylum seeker to accommodation in Bristol

The Claimant is represented by Tim Baldwin of the Garden Court Chambers Community Care Team and the Garden Court Chambers Public Law Team. Tim is instructed by Scott Laing of Bhatia Best solicitors.

24 May 2021

High Court legal challenge to No Recourse to Public Funds policy

Amanda Weston QC of Garden Court Chambers leading Bijan Hoshi and Ollie Persey of the Public Law Project instructed by Project 17.

6 May 2020

Court of Appeal's judgment in the case of James v Hertsmere Borough Council: What does it mean for jurisdiction of County Court?

Nick Bano of the Garden Court Chambers Housing Team discusses the Court of Appeal's judgment in the case of James v Hertsmere Borough Council.

2 April 2020

Nick Bano joins Garden Court Chambers as a new tenant

Nick specialises in representing homeless people, residential occupiers, and destitute & migrant households in both public law and private law disputes.

12 March 2020

Garden Court Chambers ranked in Band 1 in Chambers UK Bar Guide 2020

We are delighted to have once again been ranked in Band 1 by Chambers and Partners in the Chambers UK Bar Guide 2020.

17 October 2019

HMRC defeated at European Court of Justice on rights for pregnant self-employed EU Citizens

Adrian Berry and Desmond Rutledge of Garden Court Chambers represented Ms Dakneviciute, instructed by the Welfare Rights Service of the City of Wolverhampton Council.

19 September 2019

Social Welfare Updates

Remedying past injustices: local authorities’ discretion to treat young people as former relevant children following flawed assessments

Blog post by Tessa Buchanan of the Garden Court Chambers Community Care Team.

16 November 2023

Home Office publishes new policy instruction on lifting NRPF conditions for those on student leave following concession in test case

Blog post by Nadia O'Mara of the Garden Court Chambers Immigration and Community Care Law Teams.

10 October 2023

Which local authority must provide s117 duty after-care services after someone has been detained and discharged from hospital under the Mental Health Act 1983?

Blog post by Sophie Caseley of the Garden Court Chambers Mental Health Law and Community Care Teams. R (on the application of) Worcestershire County Council v Secretary of State for Health and Social Care [2023] UKSC 31 (10 August 2023)

21 August 2023

Home Office breached statutory duty to ensure provision of adequate accommodation for pregnant asylum seeker and children

Blog post by Maria Moodie of the Garden Court Chambers Community Care and Immigration Teams.

31 July 2023

Open Justice and the Mental Health Tribunal: Maher v FTT

Blog post by Tim Baldwin and Alex Schymyck of the Garden Court Chambers Public Law and Mental Health Teams.

30 May 2023

Human Rights Assessments: Local Authority concedes Children Act 1989 duties take precedence over residual & discretionary Immigration Act 1999 powers

The claimant, HTT, was represented by Amanda Weston KC and Maria Moodie of Garden Court Chambers. Counsel instructed by Verity Cannell of Bindmans LLP.

20 January 2023

Change to DWP guidance on recovering hardship payments for sanctioned Universal Credit claimants

Matthew Ahluwalia of the Garden Court Chambers Welfare Benefits Team was one of the counsel in the case. He was instructed by Sarah Clarke and Emma Vincent Miller of Public Law Project.

1 July 2021

Court of Appeal considers affordability of accommodation in appeal concerning intentional homelessness

Edward Fitzpatrick and Matthew Ahluwalia, both of the Garden Court Chambers Housing Team, acted for the Appellant, instructed by Kevin Long of Hackney Community Law Centre.

1 July 2021

Napier barracks not ‘adequate’ accommodation for asylum-seekers

Sonali Naik QC and Ali Bandegani of Garden Court Chambers represented interveners JCWI. Blog post by Connor Johnston of the Garden Court Chambers Community Care Team.

1 July 2021

High Court orders fresh assessment of 16-year-old's needs after Discharge Care Programme Approach document under s117 MHA 1983 deemed unlawful

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R. (on the application of AK, by her mother and litigation friend GK) v Islington LBC, North Central London Clinical Commissioning Group [2021] EWHC 301 (Admin)

1 July 2021

Proposed return to sheltered accommodation did not breach Local Authority and CCG’s duties under s117 MHA 1983

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R. (on the application of ZK, by her litigation friend, JU) v Norfolk County Council, Norfolk and Waveney CCG and LB Camden [2021] EWHC 1249 (Admin)

1 July 2021

Home Office dispersal of asylum seekers in Bristol - failure of Secretary of State to lawfully apply her own policy

Adrian Berry and Tim Baldwin acted in the case R (on the application of IO) v The Secretary of State for the Home Department. Blog post by Tim Baldwin.

1 July 2021

Capacity to decide to engage in sexual relations – application for a prospective declaration of incapacity rejected

Blog post by Helen Curtis of the Garden Court Chambers Court of Protection Team. A Local Authority v A Mother and A Father and DY [2021] EWCOP 28 (Knowles J) 10 May 2021

1 July 2021

Capacity and best interests: agoraphobia, pregnancy and transfer to hospital

Blog post by Mai-Ling Savage of the Garden Court Chambers Court of Protection Team. A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33, Holman J, 13 May 2021

1 July 2021

Universal credit policy on deductions for court fines unlawful as it did not contain exception for financial hardship

Blog by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Law Team. R (Blundel & Ors) v Secretary of State for Work and Pensions [2021] EWHC 608 (Admin)

1 July 2021

Social Welfare Update: Parental responsibility and access to puberty blockers for transgender children

Blog post by Ollie Persey of the Garden Court Chambers Community Care Team. AB v CD & Ors [2021] EWHC 741 (Fam)

30 April 2021

Social Welfare Update: High Court holds a patient was "ordinarily resident", for the purposes of funding s 117 aftercare, in second local authority's area immediately before second period of detention

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2021] EWHC 682 (Admin): Linden J

30 April 2021

Social Welfare Update: Norfolk Council’s policy on charging for services unlawfully discriminated against severely disabled service-users and breached their Human Rights

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R (SH acting through her mother and litigation friend MH) v Norfolk CC [2020] EWHC 3436 (Admin): Griffiths J

30 April 2021

Social Welfare Update: High Court confirms urgency - and mandatory obligations - for Local Authorities to progress EUSS applications on behalf of children and care leavers

Blog post by Gráinne Mellon of the Garden Court Chambers Community Care Team. Re W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam), 31 March 2021

30 April 2021

Social Welfare Update: Secretary of State was correct as to the responsibility for funding accommodation at Transitional Rehabilitation Unit when determining ordinary residence under National Assistance Act 1948

Blog post by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Lancashire County Council) v Secretary of State for Health and Social Care, v JM and St Helens Council [2021] EWHC 268 (admin); HHJ Eyre QC

30 April 2021

Social Welfare Update: Security of tenure for person accommodated by local authority under Everyone In

Blog post by Connor Johnston of the Garden Court Housing Team. R (Abudah Ali Ibrahim) v Haringey LBC and Capital Home Services Ltd [2021] EWHC 731 (QB), 30 March 2021

30 April 2021

Social Welfare Update: Circumstances in which court will grant mandatory order requiring local authority to provide ‘suitable’ accommodation

Blog post by Connor Johnston of the Garden Court Housing Team. R (Imam) v The London Borough of Croydon [2021] EWHC 739 (Admin), 26 March 2021

30 April 2021

Social Welfare Update: Local authority powers to accommodate rough sleepers during the pandemic

30 April 2021

Social Welfare Update: Person subject to immigration control cannot claim Carer’s Allowance as a family member of a British national who has not exercised freedom of movement rights

Blog post by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Team. Secretary of State for Work and Pensions v AS (CA) [2021] UKUT 24 (AAC)

30 April 2021

Social Welfare Update: Making arrangements for paid for sexual services for a person who lacked capacity to make those arrangements was not an offence under s 39 Sexual Offences Act 2003

Blog post by Bethan Harris of the Garden Court Chambers Court of Protection Team. A Local Authority -and- C (by his litigation friend, AB), A Clinical Commissioning Group and Secretary of State for Justice [2021] EWCOP 25, Hayden J, 26 April 2021

30 April 2021

Social Welfare Update: Repeat homelessness applications and local connection

R (Minott) v Cambridge City Council (2021) EWHC 211 (Admin)

26 February 2021

Social Welfare Update: Breach of Public Sector Equality Duty in bringing possession proceedings cured by subsequent compliance

Taylor v Slough BC [2020] EWHC 3520 (Ch)

26 February 2021

Social Welfare Update: Provision of support to trafficking victims following a negative conclusive grounds decision

MN v SSHD [2020] EWCA Civ 1746

26 February 2021

Social Welfare Update: Lacuna in leave to remain policy arising from delays in identification of victims of trafficking

EOG v SSHD [2020] EWHC 3310 (Admin)

26 February 2021

Social Welfare Update: Council misapplied its Allocation Scheme by treating a “preference” given to families with children as an automatic decision in their favour

R (Nur) v Birmingham City Council [2020] EWHC 3526 (Admin)

26 February 2021

Social Welfare Update: Court of Appeal rules that the exclusion of EEA citizens with ‘Pre-settled Status’ from accessing Universal Credit is unlawful

R (Fratila & Tanase) v Secretary of State for Work and Pensions [2020] EWCA Civ 1741

26 February 2021

Social Welfare Update: Denial of bereavement support payment to family of a deceased woman who had been unable to work and pay NI contributions due to severe disability breached ECHR

O'Donnell v Department For Communities [2020] NICA 36

26 February 2021

Past Notable Cases

 

T(A child) [2021] UKSC 35
Supreme Court judgment dismissing the appeal of T, a 15-year old, and holding that the use of the inherent jurisdiction to authorise the deprivation of liberty in cases such as this is permissible, but expressing grave concern about its use to fill a gap in the child care system caused by inadequate resources.

R (on the application of AA) v The London Borough of Southwark [2020] EWHC 2487 Admin; (2020) 23 CCL Rep 649  
This was a High Court challenge to an assessment of children in need, where the social worker had disbelieved that the family was destitute.  It is one of a growing number of ‘culture of disbelief’ cases concerning local authorities’ attitudes towards destitute migrant families. The High Court was persuaded to quash the assessment, as the court found serious flaws in the process and the social worker’s conclusions.

IO v Secretary of State for the Home Department [2020] EWHC 3420 (Admin)
The Secretary of State failed to apply her Healthcare Needs and Pregnancy Dispersal Policy when deciding that the claimant who was mentally unwell should be dispersed to accommodation in a different area.  

OA v London Borough of Camden and the Secretary of State for the Home Department [2019] EWHC 2357
Successful challenge under s. 17 Children Act 1989; significant analysis of EU law rights of 4-month-old baby, and derived rights of his mother by way of an extension of the Zambrano principle in Court of Justice of European Union.

R (O) v Secretary of State for the Home Department [2019] EWHC 148 (Admin)
Systemic challenge to delays in the process of making "conclusive grounds" decisions in respect of potential victims of human trafficking 

R (MN) v Secretary of State for the Home Department [2018] EWHC 3268 (QB) 
Standard of proof to be applied in determining whether there are "conclusive grounds" to believe that person is a victim of trafficking.

R (K and Anr) v Secretary of State for the Home Department [2018] EWHC 2951 (Admin); R (MXY) v Secretary of State for the Home Department [2018] EWHC 2780 (Admin)
Successful challenge to the Home Secretary’s cut of weekly subsistence for certain victims of trafficking. The High Court quashed the cuts, restoring payments to more than 1000 victims and £1million + in back payments to those affected by the cuts.

R (Mustafa) v Kent County Council and the Home Office [2018] EWHC 2025 (Admin)
First case to consider the definition of an “asylum seeker” as a matter of EU Law subsequent to the coming into effect of the Asylum Procedures Directive in 2013, in the context of a “former relevant child” seeking accommodation and support under the Children Act 1989.

R (KI) v London Borough of Brent [2018] EWHC 1068 (Admin)
Successful judicial review challenge to the failure by the London Borough of Brent to recognise a young person as a “former relevant child” under the Children Act 1989. 

R (CXF) v Central Bedfordshire Council and North Norfolk Clinical Commissioning Group, MIND intervening [2018] EWCA Civ 2852
Leading case on whether, and in what circumstances, clinical commissioning groups and local authorities owe a duty to detained mental patients to provide them with after-care support in the community when they are permitted to temporarily leave the hospital for activities and therapy. Permission is pending to appeal the case to the Supreme Court.  

R (DA and Ors) v Secretary of State for Work and Pensions [2018] 
Acted for the intervener, Shelter, in the Supreme Court challenge to the legality of revised benefit cap, arguing that the cap unlawfully discriminates against lone parents with young children. Judgment is awaited.

R (AS) v Kent County Council [2017] UKUT 446 
Leading case on use of dental assessments for the purposes of age assessment.

Contact team

publications

The Garden Court Community Care team regularly publish and distribute case law notes through a Social Welfare bulletin distributed monthly to practitioners specialising in community care law.

Members of the team also edit and produce the Community Care Law Reports published by the Legal Action Group.

Members of the team co-author and contribute to a number of the leading texts and resources in the area including the Community Care Law Reports and the forthcoming Migrant Support Handbook.

 

 

The Team

Sonali Naik KC

Year of Call: 1991

Year of Silk: 2018

Amanda Weston KC

Year of Call: 1995

Year of Silk: 2018

Stephen Simblet KC

Year of Call: 1991

Year of Silk: 2020

Nicola Braganza KC

Year of Call: 1992

Year of Silk: 2022

Liz Davies KC

Year of Call: 1994

Year of Silk: 2022

Irena Sabic KC

Year of Call: 2002

Year of Silk: 2023

Bethan Harris

Year of Call: 1990

Roger Pezzani

Year of Call: 1997

Adrian Berry

Year of Call: 1998

Adrian Marshall Williams

Year of Call: 1998

Hannah Rought-Brooks

Year of Call: 1999

Felicity Williams

Year of Call: 2000

Tim Baldwin

Year of Call: 2001

Desmond Rutledge

Year of Call: 2001

Greg Ó Ceallaigh

Year of Call: 2006

Jennifer Twite

Year of Call: 2006

Alex Grigg

Year of Call: 2007

Raza Halim

Year of Call: 2009

Connor Johnston

Year of Call: 2010

Gráinne Mellon

Year of Call: 2010

Emma Fitzsimons

Year of Call: 2011

Taimour Lay

Year of Call: 2011

Maria Moodie

Year of Call: 2011

Tessa Buchanan

Year of Call: 2012

Grace Capel

Year of Call: 2012

Susan Wright

Year of Call: 2013

Sophie Caseley

Year of Call: 2013

Nick Bano

Year of Call: 2013

Ricky Blennerhassett

Year of Call: 2015

Matthew Ahluwalia

Year of Call: 2015

Angharad Monk

Year of Call: 2017

Ollie Persey

Year of Call: 2017

Ella Gunn

Year of Call: 2018

Nadia O'Mara

Year of Call: 2018

Maaha Elahi

Year of Call: 2019

Fatima Jichi

Year of Call: 2019

Georgie Rea

Year of Call: 2019

Isaac Ricca-Richardson

Year of Call: 2020

Alex Schymyck

Year of Call: 2020

Grace Brown

Year of Call: 1995

Josephine Fathers

Year of Call: 2022

We are top ranked by independent legal directories and consistently win awards.

+ View more awards