Tessa Buchanan

Year of Call: 2012

'Tessa is such a pleasure to work with. She ensures she has grasped all the issues, is always on top of the evidence, and gives clear and well-thought-through advice.'

Legal 500 2024 (Administrative Law & Human Rights)

"Tessa Buchanan's astute and meticulous approach never ceases to impress. With lay clients she has the ability to explain complex legal issues in plain English."

Chambers UK, 2024 (Social Housing)

"Tessa Buchanan is a pleasure to work with. She is always on top of her game, incredibly thorough and always exceptionally well prepared."

Chambers UK, 2024 (Social Housing)

"Tessa Buchanan is exceptional at her job."

Chambers UK, 2024 (Social Housing)

"She is excellent - very strong in court and extremely thorough, very easy to work with and great with clients."

Chambers UK, 2021 (Social Housing)

"Tessa is very determined, knowledgeable and committed."

Chambers UK, 2023

Contact

To get in touch:​ Or you can contact the relevant​ Practice Team Clerks directly and they will be happy to assist with your enquiry.

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Tessa practises primarily in the fields of housing, homelessness, community care, administrative and public law, human rights, discrimination, and Gypsy & Traveller law.

Tessa won Barrister of the Year at the Legal Aid Lawyer of the Year Awards 2021.

She is an author of Migrant Support Handbook (1st edition, Legal Action Group, 2023), Housing Allocation and Homelessness: Law and Practice (6th edition, Lexis Nexis, 2022), Gypsy and Traveller Law (3rd edition, Legal Action Group, 2020), and Housing Law Handbook (2nd edition, Law Society, 2020).

Administrative and Public Law

Overview

Tessa has a busy public law practice with particular expertise in case involving housing, homelessness, community care, and Gypsy & Traveller law.  She is ranked in The Legal 500.  

Accommodation of homeless young people

R (TW) v Essex County Council [2024] EWHC 264 (Admin)
Tessa acted as junior counsel in a case concerning the local authority’s arrangements for the accommodation of homeless young people.

R (BC) v Surrey County Council [2023] EWHC 3209 (Admin)
Tessa was junior counsel for the claimant in a successful challenge to the local authority’s failure to recognise that the claimant had been a looked after child and was owed duties as a care leaver.

R (TT) v Essex County Council [2023] EWHC 826 (Admin)

Tessa represented the claimant in a case concerning the accommodation of homeless young people.


Afghan resettlement schemes

R (HZ and others) v Secretary of State for the Home Department [2023] EWHC 660 (Admin)

Tessa was junior counsel for the claimant in a challenge to the relocation of an Afghan family under the resettlement schemes.


Use of dental age estimations and photographs in age assessments

R (AS) v Kent County Council [2017] UKUT 446 (IAC)

Tessa acted as junior counsel for the claimant in an age assessment raising issues of wider importance including the reliability of dental age assessments and the use of photographs in age assessments. The Tribunal agreed with the claimant’s arguments that dental age assessments are not reliable and booklets of photographs are of no evidential use.


Successful challenge to age assessment

R (HM) v Kent County Council

Tessa acted for the claimant in a complex age assessment dispute. After a five-day trial in the Upper Tribunal, the judge found that the claimant was younger than the age assessed by the local authority.
 

Provision for homeless Gypsy family under the Children Act 1989

R (SC) v London Borough of Ealing [2016] EWHC 2765 (Admin)

This was a challenge to the council's decision that the claimant's children were not in need and therefore no accommodation would be provided for the family. Tessa represented the claimant in contested hearings in the High Court and then successfully obtained permission to appeal to the Court of Appeal on an important point of principle.

Notable Cases


 

Contact Tessa

Housing Law

Overview

Tessa has a particular interest in homelessness and housing allocation matters and in cases involving discrimination, human rights, and public law issues. She is ranked in Chambers and Partners and Legal 500 in this area.

Tessa is an author of Migrant Support Handbook (1st edition, Legal Action Group, 2023), Housing Allocation and Homelessness: Law and Practice (6th edition, Lexis Nexis 2022), and Housing Law Handbook (2nd edition, Law Society, 2020). She was the vice-chair of the Housing Law Practitioners' Association for four years.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

“No DSS” challenges
Tessa was instructed by Shelter in a series of cases challenging landlords and letting agents who refused to accept tenancy applicants simply because they received benefits. In “J” v A Letting Agent, County Court at York, 2020, the Court declared that a No DSS policy amounted to unlawful indirect discrimination. In Tyler v Paul Carr Estate Agents [2020] EW Misc 30 (CC), after a contested trial the Court declared that the claimant had been subjected to unlawful indirect disability discrimination and awarded him £6,000 in damages plus his costs on an indemnity basis. In Pearce v Michael Jones & Co and another, County Court at Worthing, 2020, the Court again made a declaration that the claimant had been unlawfully discriminated against. The cases attracted significant media attention.

Suitability finding was flawed because officer had reviewed own decision
HM (a protected party, by his Litigation Friend) v Southwark London Borough Council (2020/2021) December Legal Action 46
The County Court quashed a decision that the Appellant’s accommodation was suitable on the grounds that the same officer had made both the original decision and the review decision; the officer had failed to consider the availability of closer accommodation; and the officer had failed to comply with the public sector equality duty. Tessa represented the Appellant up to the final hearing. 

Acceptance of main housing duty cannot be withdrawn on grounds that applicant lacks capacity
AW v Richmond upon Thames Royal London Borough Council (2020) November Legal Action 41
Tessa represented the Appellant in a successful appeal against a decision to discharge the main housing duty. The Court held that there was no power to withdraw a decision accepting the main housing duty simply because the applicant lacked capacity.

Meaning of "significantly" more vulnerable
Panayioutou v Waltham Forest London Borough Council [2017] EWCA Civ 1624
In a case with widespread implications for homeless applicants, the Court of Appeal handed down guidance on when a person is vulnerable and therefore in priority need under the Housing Act 1996. Tessa was junior counsel for the Appellant.

Accommodation under the Children Act 1989
R (SC) v London Borough of Ealing [2016] EWHC 2765 (Admin)
This was a challenge to the council's decision that the claimant's children were not in need and therefore that no accommodation would be provided for the family. Tessa represented the Claimant in contested hearings in the High Court and then successfully obtained permission to appeal to the Court of Appeal.

Complex possession case involving fraudulent agent
Kalganova v Matumorya and Mandazi October 2014 Legal Action 48
Tessa acted for the Second Defendant in a claim for possession brought on the grounds that the Defendants were trespassers. In a complex case involving multiple contracts/tenancy agreements and a fraudulent third party, she successfully rebutted arguments that the defendants had entered onto the land without lawful consent; that a tenancy agreement between the claimant and the agent was void for uncertainty, illegality, or fraudulent misrepresentation; that the agreement between the claimant and the agent did not create a tenancy and was not valid; that the defendants' sub tenancy had been forfeited; and that the sub tenancy was unlawful.

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Community Care Law

Overview

Tessa acts in a wide range of community care matters. She has a particular interest in representing children and is often instructed in cases involving challenges to failures to provide support or accommodation under the Children Act 1989; cases involving children who are leaving or have left care; and challenges to age assessments of unaccompanied asylum-seeking children. She is ranked in Chambers and Partners and Legal 500 in this area.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

Accommodation of homeless young people

R (TW) v Essex County Council [2024] EWHC 264 (Admin)
Tessa acted as junior counsel in a case concerning the local authority’s arrangements for the accommodation of homeless young people.

R (BC) v Surrey County Council [2023] EWHC 3209 (Admin)
Tessa was junior counsel for the claimant in a successful challenge to the local authority’s failure to recognise that he had been a looked after child and was owed duties as a care leaver.

R (TT) v Essex County Council [2023] EWHC 826 (Admin)
Tessa represented the claimant in a case concerning the accommodation of homeless young people.

Afghan resettlement schemes
R (HZ and others) v Secretary of State for the Home Department [2023] EWHC 660 (Admin)
Tessa was junior counsel for the claimant in a challenge to the relocation of an Afghan family under the resettlement schemes.

Use of dental age estimations and photographs in age assessments
R (AS) v Kent County Council [2017] UKUT 446 (IAC)
Tessa acted for the claimant as junior counsel in an age assessment raising issues of wider importance including the reliability of dental age assessments and the use of photographs in age assessments. The Tribunal agreed with the claimant’s arguments that dental age assessments are not reliable and booklets of photographs are of no evidential use.

Successful challenge to age assessment
R (HM) v Kent County Council
Tessa acted for the claimant in a complex age assessment dispute. After a five-day trial in the Upper Tribunal, the judge found that the claimant was younger than the age assessed by the local authority.

Provision for homeless Gypsy family under the Children Act 1989
R (SC) v London Borough of Ealing [2016] EWHC 2765 (Admin)
This was a challenge to the council's decision that the claimant's children were not in need and therefore no accommodation would be provided for the family. Tessa represented the claimant in contested hearings in the High Court and then successfully obtained permission to appeal to the Court of Appeal on an important point of principle.

Contact Tessa

Romani Gypsy and Traveller Rights

Overview

Tessa has a particular interest in representing members of the Gypsy, Traveller, and Roma communities. She is a contributing author to Gypsy and Traveller Law (3rd edition, LAG, 2020).

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

Injunctions against Persons Unknown
Wolverhampton City Council v London Gypsies and Travellers and others [2023] UKSC 47
Tessa was junior counsel for the Appellants in a case in the Supreme Court concerning whether final injunctions can be made against unidentified Persons Unknown. The Court held that injunctions against unidentified and unidentifiable persons could be granted but it emphasised the exceptional nature of the remedy and the significant substantive and procedural safeguards that should be in place when any such relief is sought.

Definition of Gypsies and Travellers in Planning policy for Traveller sites
Smith v Secretary of State for Communities, Housing, and Local Government [2022] EWCA Civ 1391
Tessa was junior counsel for the claimant in a successful challenge to the Government’s definition of Gypsies and Travellers as contained in Planning policy for Traveller sites.

Wide injunctions against Gypsies and Travellers
Bromley v Persons Unknown [2020] EWCA Civ 12
Between 2015 and 2019, some 38 local authorities obtained injunctions banning unauthorised encampments in all, or large swathes of, their area.  Such injunctions have a disproportionate effect on Gypsies and Travellers. Tessa acted (substantially pro bono) as junior counsel in a landmark case in which the Court of Appeal expressed serious concerns about such injunctions and gave guidance as to the limited circumstances in which they should be granted.

Implications of discrimination by Secretary of State for Communities and Local Government
Mulvenna v Secretary of State for Communities and Local Government [2017] EWCA Civ 1850, [2018] JPL 516
This case arose from the SSCLG's practice of recovering Gypsy and Traveller planning appeals in the Green Belt, which had been found to be discriminatory in Moore and Coates v SSCLG [2015] EWHC 44 (Admin). The case explored the consequences of that judgment for the many other Gypsies and Travellers whose appeals had also been unlawfully recovered.

Provision for homeless Gypsy family under the Children Act 1989
R (SC) v London Borough of Ealing [2016] EWHC 2765 (Admin)
This was a challenge to the council's decision that the claimant's children were not in need and therefore that no accommodation would be provided for the family. Tessa represented the claimant in contested hearings in the High Court and then successfully obtained permission to appeal to the Court of Appeal.

Wide injunction
Ealing LBC v Connors [2016] EWHC 1387 (QB), [2016] JPL 1100
Tessa acted for the first defendant in a case challenging the council's application for a borough-wide injunction.

Contact Tessa

Notable Cases & News

Supreme Court rules wide injunctions have negative impact on Gypsies and Travellers' ability to pursue traditional nomadic way of life

Marc Willers KC, Tessa Buchanan & Owen Greenhall represented London Gypsies and Travellers (LGT), Friends Families and Travellers (FFT) and the Derbyshire Gypsy Liaison Group (DGLG). Stephanie Harrison KC, Stephen Clark & Fatima Jichi represented FFT.

29 November 2023

UK Covid-19 Inquiry first substantive hearing underway - Garden Court counsel instructed

Numerous Garden Court Chambers counsel, of the Garden Court Inquests & Inquiries Team, are instructed in the UK Covid-19 Inquiry.

13 June 2023

Afghan children and their families abandoned in remote hotels following High Court ruling

Raza Halim, Tessa Buchanan, Oliver Persey, and Alex Schymyck of the Garden Court Public Law Team acted for the families, instructed by Public Law Project, Deighton Pierce Glynn and Shelter Legal Services.

24 March 2023

DLA Briefing: Planning definition of Gypsies and Travellers unlawfully discriminatory

Marc Willers KC and Tessa Buchanan of Garden Court Chambers appeared for the successful appellant, instructed by Keith Coughtrie of Deighton Pierce Glynn.

6 March 2023

Government’s planning definition of Gypsies and Travellers unlawfully discriminatory

Marc Willers KC and Tessa Buchanan of Garden Court Chambers appeared for the successful appellant.

7 November 2022

"The Gypsy and Traveller way of life is being legislated out of existence" - Legal opinion commissioned by Good Law Project

Marc Willers QC, Tessa Buchanan, and Owen Greenhall of Garden Court Chambers were commissioned by the Good Law Project to survey the legal landscape for Gypsy and Traveller groups to assess whether it complies with the UK’s legal obligations.

30 June 2022

Garden Court responses to government consultations on domestic abuse

11 May 2022

Housing Allocation & Homelessness Law & Practice 6th edition out now

Co-authored by His Honour Judge Jan Luba QC and members of the Garden Court Chambers Housing Team, Liz Davies, Connor Johnston and Tessa Buchanan.

28 January 2022

Tessa Buchanan wins Legal Aid Barrister of the Year and Audrey Cherryl Mogan wins Legal Aid Newcomer of the Year at 2021 LALY Awards

Garden Court Chambers is delighted to announce that two of our barristers won awards at the annual Legal Aid Lawyer of the Year Awards on 6 July 2021.

8 July 2021

Stephen Lue, Tessa Buchanan and Audrey Cherryl Mogan shortlisted at the Legal Aid Lawyer of the Year Awards 2021

We are delighted to announce that Stephen Lue, Tessa Buchanan and Audrey Cheryl Mogan of Garden Court Chambers have been shortlisted at the Legal Aid Lawyer of the Year Awards 2021.

18 May 2021

Gypsy and Traveller injunctions against 'newcomers’ ruled unlawful

Marc Willers QC, Tessa Buchanan, and Owen Greenhall, of the Garden Court Chambers Romani Gypsy and Traveller Rights Team, acted for the three Interveners, instructed by Chris Johnson of the Community Law Partnership.

12 May 2021

Judgment from second ‘No DSS’ court win reveals letting agent caused ‘distress and humiliation’ to disabled tenant

Our Tessa Buchanan of the Garden Court Chambers Housing Team represented the Claimant, instructed by Arnall Rose of Shelter.

3 February 2021

Government in court today over planning rules for Travellers

Marc Willers QC and Tessa Buchanan of the Garden Court Chambers Romani Gypsy and Traveller Rights team represent Lisa Smith, instructed by Keith Coughtrie of Deighton Pierce Glynn.

10 December 2020

Claimant victorious in first “No DSS” trial

The Claimant was represented by Tessa Buchanan of the Garden Court Housing Team, instructed by Rose Arnall of Shelter.

10 September 2020

Housing Law Handbook: A Practical Guide (Law Society, 2nd edition)

Edited by Stephen Cottle. Contributors: Tim Baldwin, Adrian Berry, Tessa Buchanan, Sophie Caseley, Justine Compton, Sebastian Elgueta, Ed Fitzpatrick, Kevin Gannon, Adrian Marshall Williams, David Renton, Desmond Rutledge and Marina Sergides.

27 August 2020

“No DSS” policy declared unlawful by Court

Tessa Buchanan of the Garden Court Housing Team acted for the Claimant and was instructed by Shelter.

15 July 2020

Housing Allocation and Homelessness: Law and Practice (LexisNexis 5th ed. 2018) now available free of charge

HHJ Jan Luba QC, Liz Davies, Connor Johnston and Tessa Buchanan are pleased to announce that Housing Allocation and Homelessness: Law and Practice (LexisNexis 5th edition 2018) is now available as a pdf free of charge.

16 April 2020

Landmark Court of Appeal judgment criticises the use of wide injunctions which target Gypsy and Traveller encampments

Marc Willers QC and Tessa Buchanan of Garden Court Chambers were instructed by Chris Johnson of the Community Law Partnership. London Gypsies and Travellers intervened in the case with Liberty.

21 January 2020

New edition of 'Gypsy and Traveller Law' published by Legal Action Group

'Gypsy and Traveller Law' is edited by Marc Willers QC of Garden Court Chambers. Garden Court co-authors are Marc Willers QC, David Watkinson, Stephen Cottle, Desmond Rutledge, Owen Greenhall and Tessa Buchanan.

6 January 2020

Garden Court Housing Team responds to Ministry of Housing, Communities & Local Government consultation on 'A new deal for renters'

The Garden Court Housing Team welcomes the government’s proposal to abolish no fault evictions (based on s.21 Housing Act 1988).

15 October 2019

Essex County Council admits unlawful practice in turning away homeless children from care

D was represented by Shu Shin Luh and Tessa Buchanan of Garden Court Chambers, instructed by Kelly Everett of Coram Children's Legal Centre.

2 July 2019

High Court rules against local authority encampment ban

London Gypsies and Travellers were the interveners, represented pro bono by Marc Willers QC and Tessa Buchanan, both of Garden Court.

17 May 2019

15 members of Garden Court Chambers appointed to Equality and Human Rights Commission Panel of Counsel

Stephanie Harrison QC, Amanda Weston QC, Bethan Harris, Liz Davies, Grace Brown, Timothy Baldwin, Mark Symes, Joanne Cecil, Stephen Marsh, Anthony Vaughan, Shu Shin Luh, Connor Johnston, Gráinne Mellon, Tessa Buchanan and Miranda Butler.

16 May 2019

Housing Allocation and Homelessness Law & Practice Fifth edition now published

The textbook was written by His Honour Judge Jan Luba QC, Liz Davies, Connor Johnston and Tessa Buchanan.

15 August 2018

Improving Access to Social Housing for Victims of Domestic Abuse

This consultation response was drafted by Tessa Buchanan on behalf of the Housing Team at Garden Court Chambers.

9 January 2018

Upper Tribunal gives guidance on age assessments

Tessa Buchanan appeared for the applicant, AS. 

9 November 2017

Court of Appeal hands down important guidance on when a homeless person is “vulnerable”

Tessa Buchanan appeared on behalf of the appellant in the case of Panayiotou. 

31 October 2017

Court of Appeal is considering when a person is “significantly” more vulnerable than ordinarily vulnerable as a result of being homeless

Tessa Buchanan appeared this week in the case of Panayiotou v London Borough of Waltham Forest.

12 October 2017

Shelter research into legal gaps exposed by Grenfell fire – call for evidence

Tessa Buchanan of Garden Court Chambers has joined the advisory group assisting with the research.

5 September 2017

The Garden Court Chambers Housing Team respond to the consultation of Terms of Reference of the Grenfell Tower Inquiry

The Grenfell Tower Inquiry has called for responses to the consultation of Terms of Reference.

3 August 2017

Garden Court and Stephanie Harrison QC shortlisted for Human Rights and Public Law awards

Garden Court has been shortlisted at the Chambers Bar Awards, whilst Stephanie and our Public Law Team are shortlisted at the Legal 500 Awards.

21 October 2016

Secretary of State “discriminatory and unlawful” in dealing with Gypsy and Traveller planning appeals

Marc Willers QC and Tessa Buchanan represented the claimants.

1 February 2016

All related news

Background

Tessa joined Garden Court Chambers in October 2013 after completing her pupillage here.

Before coming to the Bar, she volunteered with Hammersmith and Fulham Community Law Centre, the Children's Legal Centre, Just for Kids Law, the Free Representation Unit (FRU), and the National Centre for Domestic Violence.

Publications

Books:
Migrant Support Handbook (1st edition, Legal Action Group, 2023)
Housing Allocation and Homelessness: Law and Practice (6th edition, Lexis Nexis, 2022)
Gypsy and Traveller Law (3rd edition, Legal Action Group, 2020)
Housing Law Handbook (2nd edition, Law Society, 2020)
Migrant Support Handbook (1st edition, Legal Action Group, forthcoming)

Articles:
Gypsy and Traveller Law: update (2023) July/August Legal Action 36
Planning definition of Gypsies and Travellers unlawfully discriminatory, Discrimination Law Association Briefings 1041, vol 78, p 22
Gypsy and Traveller: case note (2022/2023) December/January Legal Action 41
Gypsy and Traveller: update (2022) April Legal Action 37
Gypsy and Traveller: case note – Barking and Dagenham LBC and others v Persons Unknown and other 2021) July/August Legal Action 35
Allocation schemes and “preferences”, March 2021, Local Government Lawyer
No DSS’ policy declared unlawful (Tyler v Paul Carr Estate Agents), LexisNexis PSL
Gypsy and Traveller: update (Parts 1 and 2) (2020/2021) December/January Legal Action 18 and (2020) November Legal Action 30
No DSS’ policy ruled unlawful, Discrimination Law Association Briefings 960, vol 70, p 31
No pets, no smokers…no DSS? (2020) September Legal Action 14
Gypsy and Traveller freedom to travel upheld in the Court of Discrimination Law Association Briefings 940, vol 70, p 22
Gypsy and Traveller: case note (2020) March Legal Action 34
The Homelessness Reduction Act 2017: one year on (2019) July/August Legal Action 14
The Upper Tribunal on age assessments, November 2017, Local Government Lawyer
Article 8 and disability discrimination: where are we now? (2014) 18 L. & T. Review 210

Training and Seminars

Tessa frequently speaks at conferences and seminars and provides training for people working in the legal, charity, and public sectors. She is a trainer for the All Party Parliamentary Group on Legal Aid and has provided several training sessions for MP caseworkers.  She has also provided training on using the law to assist life-limited children and their families for LawWorks. 

Tessa also gave evidence on behalf of HLPA to the Justice Select Committee’s inquiry into the impact of court and tribunal reforms on access to justice.

Awards

Bernard Sunley prize, Inner Temple (2012-13)

Princess Royal Scholar, Inner Temple (2011-12)

Trinity Chambers Prize for Best Overall Performance, Northumbria University BPTC (2011-12)

Parklane Plowden Chambers Prize for Best Advocate, Northumbria University BPTC (2011-12)

BPTC Scholar, Northumbria University (2011-12)

Winner, Inner Temple Leeds Debating Competition (2011)

Winner, Middle Temple Monroe Cup (2010)

Education

  • Bar Professional Training Course: Northumbria University (Outstanding)
  • Graduate Diploma in Law: City University (Distinction)
  • MA (Hons) History: Emmanuel College, Cambridge

Professional Membership

  • Housing Law Practitioners' Association

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