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Tim Baldwin

Year of Call: 2001

"He is brilliant and an absolute walking encyclopedia of knowledge. He is very sharp strategically."

Chambers UK, 2021 (Social Housing)

"Is clever, careful, thorough and helpful."

Legal 500, 2021 (Court of Protection and Community Care)

"Technically brilliant and takes on the most extraordinary cases."

Legal 500, 2021 (Civil Liberties and Human Rights)

"He is very thorough in his preparation, good with difficult clients, very sharp in advocacy."

Legal 500, 2021 (Social Housing)

"He is very good with vulnerable clients and clients who do not have capacity." "His written skills are excellent and he is commanding on his feet."

Chambers UK, 2020 (Social Housing)

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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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Legal 500 2022: Leading Junior

Tim Baldwin is ranked in Chambers UK for Social Housing and is identified as a leading junior in the Legal 500 for Social Housing; Court of Protection and Community Care; and Civil Liberties and Human Rights.

Tim is known for his fierce commitment to representing vulnerable, marginalised and disadvantaged clients. He has appeared in a number of reported cases in the Court of Appeal, High Court, Upper Tribunal, as well as significant inquests.

Tim writes regularly for the Garden Court Chambers Social Welfare Updates Blog.

Administrative and Public Law

Overview

Tim is highly regarded for his public and administrative law practice, which includes housing, community care and social welfare, Court of Protection and DOLS, civil liberties, human rights and inquests, planning, general administrative and public law, commercial judicial review and judicial review of regulatory bodies and Ombudsman cases.

He has appeared in a number of reported cases in the Court of Appeal, High Court, and Upper Tribunal, as well as significant inquests.

Notable Cases

High Court and Upper Tribunal

UK Oil & Gas Investments Plc & Ors v Persons Unknown Who Are Protestors and others [2018] EWHC 2252 (Ch): One of the junior counsel led by Stephanie Harrison QC represented named Defendants. The transcript is available here. This case was widely reported in the media, including Drill and Drop, ITV news, BBC news and Channel 4.

R (Hakima Alemi) v Westminster City Council [2015] EWHC 1765 (Admin): Led by Jan Luba QC for the Claimant where the Defendant council's allocation scheme for social housing was declared unlawful and quashed in that it suspended the ability of a homeless family to bid for social housing. The transcript has been made available. This case has also been reported in Inside Housing, the BBC, the Independent, the Local Government Lawyer and in local news in West End Extra. With the Labour Party calling on the Council to rethink its entire housing policy as a result.

R (AM) v London Borough of Havering and London Borough of Tower Hamlets [2015] EWHC 1004 (Admin): Led by Jan Luba QC for the Claimant where the Defendant Councils' actions were declared unlawful following successful judicial review application by a homeless family. Mr Justice Cobb described the actions of the two councils as "shameful" which led to a vulnerable family being forcibly evicted on to the streets. The transcript has been made available. This case has also been reported in Inside Housing, Evening Standard, Nearly Legal and Family Law.

SA v Disclosure and Barring Service [2013] UKUT 93 (AAC): Test case of three judge panel to determine the meaning of "relevant conduct" pursuant to paragraph 9 of schedule 2 to Safeguarding Vulnerable Groups Act 2006 and whether theft alone constituted relevant conduct. The transcript has been made available.

R (W) v (1) Dr Fintan Larkin, (2) Secretary of State for Justice and others [2012] EWHC 556 (Admin): Warrants for transfer to prison and the requirements of a Responsible Clinician in completing s. 50 Mental Health Act 1983 (as amended) proforma. The transcript has been made available.

JP v Birmingham and Solihull MH NHS Trust. Appeal number HM/535/2010 (Unreported 30 July 2010) (Administrative Chamber Upper Tribunal): An appeal for JP based on challenge to the reasons given by a First Tier MHT refusing discharge of a patient detained under s 37 and 41 of the Mental Health Act 1983. The challenge was based on a failure to give adequate reasons for preferring the evidence of the Responsible Clinician and the detaining authority over the evidence of independent experts by applying BB v South London & Maudsley NHS Trust [2009] UKUT 157 (AAC) which was similar on the facts. The transcript has been made available.

R (Salami) v Parole Board; R (Robinson) v Secretary of State for Justice [2009] EWHC 2251 (Admin):

Representing the Claimant (Salami) where the Court held the rights of two long-term prisoners under the European Convention on Human Rights 1950 art.6 were not breached as a result of the amendments to the early release provisions in the Criminal Justice Act 1991 Pt II by the Criminal Justice and Immigration Act 2008. The transcript has been made available. The Court of Appeal upheld this decision in R (Robinson) v Secretary of State for Justice [2010] EWCA Civ 848.

Lexi Holdings v Luqman and others [2009] EWHC 496 Ch. Represented the second Defendant in contempt proceedings in a major commercial fraud of over £65million.

R (H) v Guildford Youth Court [2008] EWHC 506 (Admin): A successful judicial review application for the Claimant leading to a quashing of a conviction under s 20 OAPA 1861 in respect of a refusal by the Youth Court to stay proceedings as an abuse of process. Essentially the judge quashed the conviction on the papers, with the CPS conceding the case and the Instructing Solicitor taking judgment.

R (Surat Singh) v Stratford Magistrates' Court & Others [2007] EWHC 1582 (Admin); [2007] 1 WLR 3119; [2007] 4 All ER 407; [2008] 1 Cr App R 2; [2007] ACD 72; The Times, March 27 2007: A challenge by way of judicial review of the exercise of a district judge's discretion to refuse to allow the claimant to advance the defence of insanity in summary only proceedings. Leading case as to identifying the common law defence of insanity in summary proceedings. The transcript has been made available.

R v DPP; B v DPP [2007] EWHC 739 (Admin), The Times, March 27 2007. Also reported in the robbery sections of Archbold and Blackstones. An appeal by way of case stated which concerned proof of intention, mens rea and the use of implied force in robbery by reference to the fortitude of the victim.

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Community Care Law

Overview

  • Housing cases where the tenant has mental health issues and specialist community care needs or in complex cases involving welfare benefits
  • Complex cases concerning social care for adults or children
  • Asylum support and care provision for migrants
  • Advice and representation in cases involving persons who lack capacity in all jurisdictions

Notable Cases

R (on the application of JG by his litigation friend the Official Solicitor) v Bristol City Council (Defendant) and Secretary of State for the Home Department (Interested Party) CO/1241/2016 (unreported) 11 August 2016: A successful judicial review challenge to an age assessment of an unaccompanied minor from abroad. To learn more click here.

R (AM) v London Borough of Havering and London Borough of Tower Hamlets [2015] EWHC 1004 (Admin): Led by Jan Luba QC for the Claimant where the Defendant Councils' actions were declared unlawful following successful judicial review application by a homeless family. Mr Justice Cobb described the actions of the two councils as "shameful" which led to a vulnerable family being forcibly evicted on to the streets. The transcript has been made available. This case has also been reported in Inside Housing, Evening Standard, Nearly Legal and Family Law.

Buckinghamshire County Council (Appellant) v Kingston Upon Thames Royal London Borough Council (Respondent) & (1) SL (By her litigation friend the Official Solicitor) (2) National Society for Epilepsy (3) Secretary of State for Health (Interested Parties) [2011] EWCA Civ 457: was led by Stephen Knafler QC. The Court of Appeal held, on dismissing Buckinghamshire's appeal, that a local authority, in moving a person whose care it had funded into supported housing in another local authority's area following a needs assessment had been under no duty to consult the other local authority. The transcript has been made available.

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Court of Protection

  • Considerable experience specialising in Court of Protection proceedings concerning health and welfare decisions, accommodation and DOLS issues for applicants and all respondents, including emergency applications and instruction by the OS.
  • Recent cases have concerned disputes over residence, contact and care together with DOLS and court authorisation of deprivation of liberty including damages claims for false imprisonment

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Housing Law

Overview

  • Housing cases where the tenant has mental health issues and specialist community care needs or in complex cases involving welfare benefits
  • Complex cases concerning social care for adults or children
  • Representation of vulnerable tenants in local authority possession proceedings
  • Tenant claims against local authorities and landlords, especially for disrepair and unlawful eviction
  • Homelessness and allocation of social housing
  • Advising on the lawfulness and completeness of schemes for allocation of social housing
  • Regulatory enforcement against landlords

Tim was an elected member of the Housing Law Practitioners Association executive. He is also a member of the HLPA subcommittee created to assist tenants in the Grenfell Tower tragedy in 2017.

Notable Cases

London Borough of Islington v Dyer [2017] EWCA Civ 150: Case defining the requirements of a notice pursuant to s 128 Housing Act 1996 to terminate an introductory tenancy. A transcript is available and to learn more click here.

R (Hakima Alemi) v Westminster City Council [2015] EWHC 1765 (Admin): was led by Jan Luba QC for the Claimant where the Defendant council's allocation scheme for social housing was declared unlawful and quashed in that it suspended the ability of a homeless family to bid for social housing. The transcript has been made available. This case has also been reported in Inside Housing, the BBC, the Independent, the Local Government Lawyer and in local news in West End Extra.

R (AM) v London Borough of Havering and London Borough of Tower Hamlets [2015] EWHC 1004 (Admin): was led by Jan Luba QC for the Claimant where the Defendant Councils' actions were declared unlawful following successful judicial review application by a homeless family. It was ruled that the local authority responsible for assessing the needs of children in these cases should be the borough in which the family were actually living, and the local authority responsible for providing housing whilst an assessment of the children's needs takes place, should be the authority that had placed them there. The transcript has been made available. This case has also been reported in Inside Housing, Evening Standard, and Family Law. The appeal by Havering and Tower Hamlets was dismissed by the Court of Appeal on 17 November 2015 as academic see Legal Action Magazine February 2016 page 45 for the report.

Buckinghamshire County Council (Appellant) v Kingston Upon Thames Royal London Borough Council (Respondent) & (1) SL (By her litigation friend the Official Solicitor) (2) National Society for Epilepsy (3) Secretary of State for Health (Interested Parties) [2011] EWCA Civ 457: was led by Stephen Knafler QC. The Court of Appeal held, on dismissing Buckinghamshire's appeal, that a local authority, in moving a person whose care it had funded into supported housing in another local authority's area following a needs assessment had been under no duty to consult the other local authority. The transcript has been made available.

County Court: Homelessness Appeals

Razzaq Barakate v London Borough of Brent (Appeal County Court at Central London) Case: C40CL187
Represented the homeless appellant in a unique and novel decision in a successful appeal against a decision by Brent to discharge its duty owed to the appellant under s 193 Housing Act 1996 by providing permanent private rented sector accommodation in Birmingham.

The appellant applied as a homeless family to Brent Council on being made homeless from private rented sector accommodation due to the impact of a housing benefit cap. The appellant's application was accepted and was owed the full housing duty on the 29 July 2014. In consideration of the ruling in Nzolameso v Westminster [2015] UKSC 22, together with Guidance and giving judgment, the judge held in respect of grounds 1 and 2 of the Appeal that it is incumbent on a local authority not merely to investigate the particular needs of a family but, where far distant locality would have a considerable impact on the family's medical, educational, employment or social connections, to investigate the likelihood of more suitable accommodation coming available within a reasonable time. See transcript, coverage in Legal Action Magazine (April 2017 p.42) and Nearly Legal blog.

S v London Borough of Waltham Forest C40CL020 (Central London County Court)
Represented the Appellant. The appellant had left her home due to severe domestic violence which had left her with chronic mental and physical health problems. She had been provided with supported accommodation in a specialist refuge. This was coming to an end and she applied to Waltham Forest as homeless The Judge allowed the appeal.

Waltham Forest had not lawfully applied the test of vulnerability from Hotak and had not completed a composite assessment, as it had not taken into account the risks of harm presented to the appellant arising out of the risk of loss of specialist support and accommodation, which rendered the appellant significantly more vulnerable than an ordinary homeless person of robust health.

Further, while Waltham Forest had accepted the appellant's disabilities had arisen out of domestic violence but had only considered the protected characteristic of disability in their PSED assessment. The assessment had failed to address the protected characteristic of sex which was directly linked to domestic violence, given the judgment of Lady Hale and Lord Neuberger in Hotak, such that it could not be said the PSED had been lawfully discharged. See Nearly Legal blog.

Qoraishi v City of Westminster (Central London, Mayors & City County Court): A00MY346
Represented Mr Qoraishi, a former "vulnerable" asylum seeker who had been subject to torture, and who successfully appealed the Local Authority's decision not to provide him with homelessness assistance. Initially the City of Westminster, after an assessment, decided that Mr Qoraishi was not vulnerable within the meaning of the test in Pereira and Osmani. HHJ Hornby allowed Mr Qoraishi's appeal and quashed the review decision by the City of Westminster and remiited for reconsideration. See Legal Action magazine report (page 55).

Konodyba v Royal Borough of Kensington and Chelsea (Wandsworth County Court): 8WL02932
Represented the Appellant at Wandsworth County Court in a homelessness appeal concerning eligibility of a Polish A8 national who was not classified as "worker" under domestic regulations. The essence of this appeal was that the case fell within the scope of the case of Ibrahim v Harrow LBC in reliance on the "Baumbast doctrine" and should be stayed and the decision in the case of Parker v Brent BC 7WI04442 (LAG 26 December 2008) in the Central London County Court.

HHJ Behar disagreed and upheld the decision of the local authority. However the point remained open (see Konodyba v Royal Borough of Kensington and Chelsea [2009] EWCA Civ 890. The transcript has been made available.

Other county court cases of interest

Strawberry Vale Residents v Peabody Trust COOCL493 (Central London County Court).
Test case concerning the liability of Peabody Estate to provide gas services to the tenants, leaseholders and freeholders. Case arose when a gas supply via a network was operated by Peabody who failed to have proper gas safety regulations in place. Originally 5 claimants now subject to a Group Litigation Order application with an additional 49 claimants.

Unique point of law as to liability of Landlord to operate and supply gas to residents. Also has involved Martin Westgate QC (Doughty Street Chambers) for residents. The case settled in favour of the Claimants with payment of £30,000 of damages and payment of costs. See Garden Court news article.

Assured Property Services v Olatujoye (County Court at Edmonton) Case D00ED913
Represented Defendant tenant. This was an application to set aside a possession order made in respect of an assured shorthold tenancy provided to a homeless application. The possession order was made pursuant to s 21 of the Housing Act 1988. The set aside concerned a unique and novel point of law in respect of the construction of gas safety regulations. Regulation 36(6) of the Gas Safety (Installation and Use) Regulations 1998 require the landlord to give (a) a copy of the gas safety record to each existing tenant of premises to which the record relates within 28 days of the date of the gas safety check; and (b) a copy of the last gas safety record made in respect of each appliance or flue to any new tenant of the premises before the tenant occupies those premises.

In relation to regulation (a) above, regulation 2(2) of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 applied It was submitted that Regulation 36(6)(b) does apply and is intended to be given to a new tenant before they occupy and is intended to be part of the prescribed requirement. As such if the latest gas certificate was not in fact given to the tenant before they occupied this cannot be rectified later. The regulation as drafted applies to both limbs of regulation 36(6).

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Inquests and Inquiries

Overview

  • Inquests for families of patients who have died in detention, particularly those subject to detention for psychiatric care, or with learning disability
  • Representation for prisoners and others detained by the state in addition to inquests concerning deaths in custody

Notable Cases

Inquest touching on the death of Robert Edwards (Suffolk Coroner, 2013): For more information, please see the INQUEST press release.

Inquest touching on the death of Brian Quaintmere (Southwark Coroner, 2015): Critical narrative decision of failures concerning death while in psychiatric care.

Inquest touching on the death of Matthew Westgarth (Doncaster Coroner, 2016): Critical narrative decision in respect of NHS failures in discharge from psychiatric hospital without a care plan.

Inquest touching on the death of Brian Hull (Liverpool Coroner, 2016): Inquest of death in HMP Walton reported in Liverpool Echo, BBC and on failures identified in PPO report commented on in the Liverpool Echo.

Inquest touching on the death of Jerome Rogers (Croydon Coroner, 2017): Inquest of death of young man who took his own life after the visit of bailiff enforcing motoring tickets reported in the Guardian, Daily Mirror, Daily Mail and Evening, together with a campaign to address suicide amongst young men and has led to a renewed campaign to change the law on bailiff powers and enforcement, see report of 14 March 2017 'Taking Control' by StepChange Debt Charity. 

This was also dramatised by the BBC in the drama Killed By My Debt.

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Mental Health Law

Overview

  • Representing patients at Mental Health Review Tribunals, in judicial review claims, nearest relative displacement applications and unlawful detention claims

Notable Cases

R v Aitchison [2016] EWCA Crim 739: Represented the appellant in a successful appeal in the Court of Appeal quashing a sentence of Imprisonment for Public Protection (IPP) and substituting it for a hospital order with restriction post Vowles. The transcript of the judgment has been made available.

R (W) v (1) Dr Fintan Larkin, (2) Secretary of State for Justice and others [2012] EWHC 556 (Admin): Warrants for transfer to prison and the requirements of a Responsible Clinician in completing s. 50 Mental Health Act 1983 (as amended) proforma. The transcript has been made available.

JP v Birmingham and Solihull MH NHS Trust. Appeal number HM/535/2010 (Unreported 30 July 2010) (Administrative Chamber Upper Tribunal): An appeal for JP based on challenge to the reasons given by a First Tier MHT refusing discharge of a patient detained under s 37 and 41 of the Mental Health Act 1983.

The challenge was based on a failure to give adequate reasons for preferring the evidence of the Responsible Clinician and the detaining authority over the evidence of independent experts by applying BB v South London & Maudsley NHS Trust [2009] UKUT 157 (AAC) which was similar on the facts.

R (Surat Singh) v Stratford Magistrates' Court & Others [2007] EWHC 1582 (Admin); [2007] 1 WLR 3119; [2007] 4 All ER 407; [2008] 1 Cr App R 2; [2007] ACD 72; The Times, March 27 2007: A challenge by way of judicial review of the exercise of a district judge's discretion to refuse to allow the claimant to advance the defence of insanity in summary only proceedings. Leading case as to identifying the common law defence of insanity in summary proceedings.

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IMMIGRATION: ASYLUM AND HUMAN RIGHTS

Overview

  • Complex cases concerning social care for adults or children including age disputes.
  • Asylum support, accommodation and care provision for migrants
  • Right to rent and issues associated with housing for migrants and asylum seekers.

Notable Cases

R (on the application of JG by his litigation friend the Official Solicitor) v Bristol City Council (Defendant) and Secretary of State for the Home Department (Interested Party) CO/1241/2016 (unreported) 11 August 2016: A successful judicial review challenge to an age assessment of an unaccompanied minor from abroad. To learn more click here.

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Planning Law

  • Planning, particularly representing Gypsies and Travellers
  • Development, particular concerning provision of social and affordable housing
  • Planning Enforcement against private and social landlords
  • Environmental cases, disputes over land use, "fracking" and mineral extraction
  • Pollution, air quality and climate change

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Property Disputes

Provides advice and representation in respect of disputes concerning and property including:

  • Property and use of land disputes including matters before the Land Adjudicator (Property Chamber): boundary disputes, restrictive covenants, easements, adverse possession, rights to light and others.
  • Issues for leaseholders: all Leasehold Valuation Tribunal (Property Chamber) disputes (enfranchisement, lease extension, right to manage, and service charge disputes) right to buy and right of first refusal, lease variations.
  • Disputes about title to property and other property rights: trusts of land including Trusts of Land and Appointment of Trustees Act 1996, proprietary estoppel and similar claims
  • Commercial landlord and tenant issues: Landlord and Tenant Act 1954 disputes including advising on security of tenure and contracting out, termination and renewal; compensation, alterations and dilapidations, breaches of covenant, rent review assignment, renewals, rent review, and service charges issues, and disclaimer, forfeiture or surrender.

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Prisoners’ Rights

Overview

Provides advice and representation to prisoners in respect of challenges to parole decisions and adjudications. Civil claims in respect of infringement of prisoner's rights an and discrimination claims. Mental health cases involving prisoners.

Notable Cases

R (W) v (1) Dr Fintan Larkin, (2) Secretary of State for Justice and others [2012] EWHC 556 (Admin): Warrants for transfer to prison and the requirements of a Responsible Clinician in completing s. 50 Mental Health Act 1983 (as amended) proforma.

R (Salami) v Parole Board; R (Robinson) v Secretary of State for Justice [2009] EWHC 2251 (Admin): Representing the Claimant (Salami) where the Court held the rights of two long-term prisoners under the European Convention on Human Rights 1950 art.6 were not breached as a result of the amendments to the early release provisions in the Criminal Justice Act 1991 Pt II by the Criminal Justice and Immigration Act 2008.

The transcript has been made available. The Court of Appeal upheld this decision in R (Robinson) v Secretary of State for Justice [2010] EWCA Civ 848.

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Romani Gypsy and Traveller Rights

Provides advice and representation in respect of challenges to planning decisions and unauthorised occupation of land. In particular judicial review claims.

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Welfare Benefits Law

Provides advice and representation is respect of judicial review and tribunal challenges to welfare benefits decisions.

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Pro Bono Work

Tim is a case reviewer for the Bar Pro Bono Unit for welfare benefits.

Tim has been nominated in the past for pro bono lawyer of the year.

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Notable Cases & News

Homeless Teenager takes Council to High Court for Unlawful Housing Policy

Tim Baldwin of the Garden Court Chambers Housing Team represents Shadacia White, instructed by Samuel O’Flaherty of Osbornes Law.

6 September 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 judge orders “rolled up” hearing on adequacy of accommodation provided by Home Office given risks to children

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

7 June 2021

High court give permission for judicial review of Home Office’s failure to provide asylum seeker with adequate accommodation

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 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

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

Court of Appeal allows appeal against deportation order approved by Upper Tribunal on grounds of identifying procedural unfairness in decision making and findings of fact

David Jones and Tim Baldwin of the Garden Court Chambers Immigration and Public Law Teams appeared for the Appellant instructed by Rachel Meates of Irving and Co Solicitors.

10 July 2020

Court of Appeal rules that Covid-19 related freeze on evictions also imposes freeze on eviction appeal proceedings

Tim Baldwin of the Garden Court Chambers Housing Team representing the appellant Mr Okoro, in his successful challenge against the London Borough Of Hackney.

27 May 2020

Court of Appeal rules that Covid-19 related freeze on evictions also imposes freeze on eviction appeal proceedings

Tim Baldwin of the Garden Court Chambers Housing Team representing the appellant Mr Okoro, in his successful challenge against the London Borough Of Hackney.

27 May 2020

Adult social care in the health crisis ​- Webinar on 3 April 2020

28 April 2020

How the Coronavirus Act affects migrants entitled to adult social care

Sophie Caseley and Tim Baldwin of the Garden Court Community Care Team drafted this briefing on how the Coronavirus Act 2020 may affect adult migrants with care and support needs and migrant children leaving care.

23 April 2020

Significant unlawful eviction case exposes the use of sham letting agreements by landlord companies in London

Tim Baldwin represented the Claimant instructed by Jayesh Kunwardia of Hodge Jones & Allen Solicitors.

25 February 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

Two-day court hearing set to start over demolition of Seven Sisters indoor market

The Claimants are represented by Marc Willers QC, Tim Baldwin and Camila Zapata Besso of Garden Court Chambers, instructed by Hodge Jones and Allen.

7 October 2019

Court of Appeal allows appeal on important point of law in housing succession case

Mr Yildiz was represented by Edward Fitzpatrick (at the appeal hearing) and Tim Baldwin (prior to the appeal hearing) leading Stephen Marsh, all of Garden Court.

24 July 2019

Discrimination facing Gypsies, Roma and Travellers in the UK today

Marc Willers QC and Tim Baldwin, Garden Court Chambers, set out an overview of the discrimination and socio-economic disadvantages experienced by Gypsies, Roma and Travellers in the UK which, despite equality legislation and legal protection for their tra

4 July 2019

Legal Action Group publish 'Adult Social Care Law' (second edition, LAG) with contributions from Tim Baldwin and Desmond Rutledge of Garden Court Chambers

Tim Baldwin and Desmond Rutledge of Garden Court contributed chapters on Inquests and welfare benefits to 'Adult Social Care Law' by Stephen Knafler QC of Landmark Chambers.

15 July 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

Court of Appeal grants permission to appeal on a novel point of law in a housing succession case

Mr Yildiz is represented by Tim Baldwin leading Stephen Marsh, both of Garden Court, who are instructed by Farzana Chowdhury of Hodge Jones and Allen Solicitors.

17 April 2019

High Court rules that Mineral Planning Authorities are not bound by statutory definition of fracking and can apply their own wider definitions

Marc Willers QC represented Councillor Paul Andrews, Mayor of Malton, North Yorkshire. He led his colleague Tim Baldwin, and was instructed by Ricardo Gama of Town Legal LLP.

6 November 2018

Legal Aid Agency settles the case on the correct application of legal aid statutory charges in damages cases and test cases

Tim Baldwin was instructed by Trevor Hatton of the Public Law Team at Duncan Lewis Solicitors.

10 July 2018

Six environmental campaigners appear in High Court this week to challenge broad injunction sought by UK Oil and Gas (UKOG)

Garden Court's Stephanie Harrison QC, Tim Baldwin, Stephen Simblet and Owen Greenhall are instructed in the case by Michael Oswald of Bhatt Murphy Solicitors. 

4 July 2018

High Court to rule on the correct application of legal aid statutory charges in damages cases and test cases

Tim Baldwin is representing the claimant in the case of Zewdu v Director of Casework CO/81/2018.

25 May 2018

High Court legal challenge secures delay to wide-ranging injunction against environmental protestors

The campaigners are represented by Stephanie Harrison QC leading Timothy Baldwin and Stephen Simblet leading Anna Morris of Garden Court Chambers.

21 March 2018

Landlord discontinues re-litigating a claim for possession after failing to provide the tenant with a gas safety certificate before their occupation: major implication for the Private Rented Sector

Tim Baldwin, of the Garden Court Chambers Housing Team, was instructed by Matt Sinden of SSP Law Solicitors.

27 February 2018

East Finchley residents settle two-year legal battle with Housing Association after gas supply cut off

Tim Baldwin of Garden Court Chambers was instructed by Jayesh Kunwardia of Hodge Jones & Allen. 

22 February 2018

Tim Baldwin successfully challenges Brent Council's decision to offer accommodation to a homeless family over 100 miles away in Birmingham for the third time

Tim Baldwin was instructed by Ronald Daley of Advice4Renters and is a member of the Garden Court Chambers Housing Team.

22 January 2018

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

Young man takes his own life following visits from an enforcement agent over unpaid traffic tickets

Tim Baldwin represented the family of Jerome Rogers at the inquest into his death.

2 May 2017

Successful habeas corpus application against Governor of HMP Peterborough for unlawful detention of a civil prisoner

Tim Baldwin of Garden Court Chambers represented the claimant.

26 April 2017

London Borough of Southwark still found to be imposing unlawful water service charges in possession proceedings

Tim Baldwin of Garden Court Chambers was instructed by Serdar Celebi of Cambridge House Law Centre.

20 April 2017

Court of Appeal rules on the requirements of a valid notice to end an introductory tenancy

Tim Baldwin and Justine Compton of Garden Court Chambers appeared for the Respondent.

23 March 2017

Tim Baldwin successfully challenges Brent Council’s decision to offer accommodation to a homeless family over 100 miles away in Birmingham

Tim Baldwin of Garden Court Chambers represented the appellant in RB v London Borough of Brent.

7 March 2017

Successful challenge to the water service charge levied on a social tenant by the Royal Borough of Greenwich

Tim Baldwin of Garden Court Chambers represented the defendant.

7 March 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

All related news

Social Welfare Updates

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

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: 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: Health Secretary acted unlawfully by not publishing details of pandemic contracts within stipulated period breaching his own Transparency Policy

Good Law Project Ltd & Ors, R. (On Application of) v Secretary of State for Health And Social Care

26 February 2021

Social Welfare Update: Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member?

SD v Royal Borough of Kensington and Chelsea [2021] EWCOP 14

26 February 2021

Social Welfare Update: Legality of Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 upheld; meaning of self-isolation

Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Francis) v Secretary of State for Health and Social Care [2020] EWHC 3287(Admin)

23 December 2020

Social Welfare Update: Court of Appeal held NICE was right to use the Highly Specialised Drug procedure to appraise a new drug for treatment of phenylketonuria (PKU)

Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of Cotter (A Child)) v National Institute for Health and Care Excellence (NICE) [2020] EWCA Civ 1037

17 December 2020

Social Welfare Update: Inherent jurisdiction in relation to vulnerable adults - Guidance on urgent applications

Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. Mazhar v Birmingham Community Healthcare Foundation NHS Trust [2020] EWCA Civ 1377

17 December 2020

Social Welfare Update: Advance payments for NHS Treatment and Foreign Nationals – guidance changes

Blog by Tim Baldwin of the Garden Court Chambers Community Care Team. R (on the application of MP) v Secretary of State for Health and Social Care [2020] EWCA Civ 1634

17 December 2020

Social Welfare Update: How the Coronavirus Act affects migrants entitled to adult social care

Sophie Caseley and Tim Baldwin of the Garden Court Community Care Team drafted this briefing on how the Coronavirus Act 2020 may affect adult migrants with care and support needs and migrant children leaving care.

23 April 2020

Section 117 Mental Health Act 1983 after-care: A claim for restitution against two public authorities for payment of after-care services was a private law claim

Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998 (12 December 2017) 

20 December 2017

Local authority decisions on level of fees they will pay for residential care under National Assistance Act 1948 (pre-Care Act 2014)

Torbay Council v Torbay Quality Care Forum Limited [2017] EWCA Civ 1605, 19 October 2017

10 November 2017

Ordinary residence – whether duty arose under 21 National Assistance Act 1948 – s 21 a duty of last resort (a pre- Care Act 2014 case)

R. (on the application of Barking and Dagenham LBC) v Secretary of State for Health (1) London Borough of Redbridge (2) HR (Interested parties) [2017] EWHC 2449 (Admin),

10 November 2017

Recovery of damages for future care costs does not disentitle a person to after-care services under Mental Health Act 1983

Tinsley v Manchester City Council (1) South Manchester CCG (2) and Local Government Association (Intervener) [2017] EWCA Civ 1704, 1 November 2017

10 November 2017

First Court of Appeal case on duties under Care Act 2014

Davey v Oxfordshire County Council (The Equality & Human Rights Commission and Inclusion London intervening) [2017] EWCA Civ 1308 The Court of Appeal has dismissed an appeal in which the claimant contended that a reduction in his personal budget an

8 September 2017

PKU funding battle: Family wins High Court challenge

R (on the application of SB) v NHS England [2017] EWHC 2000 (Admin), 08 August 2017 The family of a seven-year-old boy whose condition could cause brain damage have won a Judicial Review challenge over an NHS decision not to fund provision of a drug ca

9 August 2017

NHS in England has announced it will fund prescribing PrEP to reduce the risk of being infected with HIV from September

NHS England fought a court case against funding the prescription of PrEP, arguing responsibility for paying for it should fall to local authorities not the NHS. Following defeat in the Courts on 3 August 2017, NHS England announced it will fund the drug f

9 August 2017

Sir James Munby: The nation will have “blood on our hands” if an NHS bed cannot be found for a teenager with acute mental health issues

Re X (A Child) (No 3) [2017] EWHC 2036 (Fam), 3 August 2017

3 August 2017

Local Health Boards in Wales were wrong not to fund registered nurse in care home where care may involve provision of social care

R (on the application of Forge Care Homes Ltd and others) (Appellants) v Cardiff and Vale University Health Board and others (Respondents) [2017] UKSC 56 on appeal from [2016] EWCA Civ 26, 2 August 2017

2 August 2017

Failure to apply the ‘well-being principle’ in the Care Act 2014

JF, R (on the application of JF acting through his mother and litigation friend KF) v The London Borough of Merton (Rev 1) [2017] EWHC 1519 (Admin), 30 June 2017

1 August 2017

Cutting personal budgets for care

Davey, R (On the Application Of) v Oxfordshire County Council [2017] EWHC 354 (Admin) 27 February 2017. The claimant has quadriplegic cerebral palsy and severe visual impairment. He is dependent on a wheelchair, needed assistance with all his personal

30 July 2017

Care Act and accommodation for adults

SG v Haringey and others [2017] EWCA Civ 322, 3 May 2017

9 June 2017

NHS loses appeal of the decision that it has the power to commission medication for HIV/AIDS (the PrEP case)

The issue on this appeal was whether NHS England, a commissioning body created by the Health and Social Care Act 2012 ("the 2012 Act") has the power to commission medication for HIV/AIDS PrEP; this stands for pre-exposure prophylaxis.

11 November 2016

Junior doctors lose their judicial review challenge to Jeremy Hunt’s new contract

The claimant group, Justice for Health, brought the claim for judicial review arguing the new contract was "unsafe and unsustainable" and that Jeremy Hunt did not have the power to impose it. However, Mr Justice Green ruled the Health Secretary had acted

29 September 2016

Is judicial review an adequate remedy for flawed assessments by regulators?

R (on the application of SSP Health Ltd) v Care Quality Commission [2016] EWHC 2086 (Admin), 12 August 2016.

17 August 2016

High Court rules NHS England can fund "game-changing" PrEP HIV drug

National Aids Trust v National Health Service Commissioning Board (NHS England) and The Secretary of State for Health and The Local Government Association [2016] EWHC 2005 (Admin): Mr Justice Green, 2 August 2016. The National Aids Trust has won a high co

2 August 2016

The interplay between The Care Act 2014 and The Localism Act 2011 in the case of GS

The Queen (on the application of GS by her litigation friend the Official Solicitor) v London Borough of Camden [2016] EWHC 1762 (Admin) (DHJ Peter Marquand), 27 July 2016. This is a challenge of the Defendant's decision of 26 October 2015 not to provide

1 August 2016

Joint review of partnerships and investment in voluntary, community and social enterprise organisations in the health and care sector

This is a joint Department of Health, Public Health England and NHS England review of partnerships and investment in voluntary, community and social enterprise (VCSE) organisations in the health and care sector.

29 July 2016

Five big issues for health and social care after the Brexit vote

A report from the King’s Fund of health and social care after Brexit, released 30 June 2016.

29 July 2016

All social welfare updates

Background

Before starting practice Tim was a research assistant in the Public Law Team at the Law Commission where he worked on reform of housing and local authority law. Also he worked as a part-time lecturer at King's College London and the University of Westminster Law Schools. Tim worked as an administrator and researcher at the Public Law Project prior to his legal education and training. Prior to his legal career Tim trained and worked as a scientist specialising in molecular biology and brain development. Tim was a Hardwicke, Thomas More and Cassell scholar of Lincoln's Inn.

Tim was born and brought up in Herefordshire with a love of grassroots football and is an avid supporter of Hereford United (now FC) and is convinced the Ronnie Radford goal is the greatest ever scored. He is also known for his strong commitment to teamwork.

Tim is appointed to the Equality and Human Rights Commission's preferred Panel of Counsel. He is also a member of Albion Chambers in Bristol.

Publications

Tim is an editor of the Community Care Law Reports.

He has co-authored a number of articles in Landlord and Tenant Review and Legal Action on evictions and the Localism Act 2011. He co-authored the Housing Act2004: A Practical Guide, 2005and The Anti-social Behaviour Act 2003: A Special Bulletin.

He contributed a chapter on Inquests in Children's Social Care Law, authored by Stephen Knafler QC. (2018)

Tim co-authored with Marc Willers QC 'Discrimination facing Gypsies, Roma and Travellers in the UK today' in the Discrimination Law Association Briefings (Volume 67) (2019)

Tim is a regular a contributor to the Garden Court Chambers Social Welfare Updates Blog.

Training and Seminars

Tim provides seminars and bespoke training to solicitors on the Mental Capacity Act 2005 including Deprivation of Liberty, Care Act 2014, mental health law, treatment in the NHS, community care, welfare benefits and equality, prison law and Judicial Review.

Tim was an invited speaker at the following conferences with the Public Law Project "How to Make the Perfect Complaint 2012: Complaints and Remedies" and "Public Law & Judicial Review North 2012: Challenges to Justice" in Manchester and listen to the podcast here. In 2013 at "Public Law and the Tribunals" and read Tim's conference paper here.

In 2015, with Felicity Williams, at "Private Law for Public Law Practitioners" concerning Ombudsman remedies. In 2015 Tim gave a webinar master class on reform of Judicial Review.

Tim advised MIND as to amendments to the Bill leading to the Care Act 2014 on changes introduced in the House of Lords to section 117 of the Mental Health Act 1983 and on proposed safeguarding provisions when passing through Parliament.

Tim is registered as a pupil supervisor with the Bar Council.

Education

  • BSc (Hons) (Biochemistry) ARCS (London)
  • PhD (Neuroscience)(London)
  • LLB (Hons) (London)
  • MA (Medical Law & Ethics) (London)

Professional Membership

  • Housing Law Practitioners Association (HLPA)
  • Constitutional and Administrative Law Bar Association (ALBA)
  • Criminal Bar Association (CBA)
  • Personal Injury Bar Association (PIBA)
  • Planning and Environmental Bar Association (PEBA)
  • Professional Negligence Bar Association (PNBA)
  • Mental Health Lawyers Association (MHLA)
  • UK Constitutional Law Association
  • Liberty
  • Inquest Lawyers Group

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