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Community Care and Social Services

David regularly advises claimants, public bodies, interested parties and charities on the law of social services and community care. He has been involved in a number of test cases challenging central and local government policies on access to benefits in this field.

Among the most significant cases in which David has been involved in this field are the following:

  • R (Project 17) v. Lewisham LBC – counsel to the Claimant in challenge to the legality of Lewisham LBC’s policy on the provision of support under section 17 of the Children Act 1989 (led by Nathalie Lieven QC, due to be heard on 20 and 21 January 2016).

  • R (SN and LS) v. Secretary of State for Work and Pensions – challenge to the exclusion of Zambrano carers from mainstream benefits and the extent of their ability to rely on local authority support under section 17 of the Children Act 1989 (led by Richard Drabble QC). Currently stayed behind similar proceedings in the Supreme Court.

  • R (Cotton) v. Secretary of State for Work and Pensions[2014] EWHC 3437 (Admin), [2015] ACD 20 – counsel to the Claimants in challenge to the legality of the bedroom tax (led by Nathalie Lieven QC).

  • R (Sanchez) v. King’s College Hospital NHS Trust and R (Sanchez) v. Greenwich LBC – challenges to funding of NHS care for residents without leave to remain and also to decisions on local authority support under section 21 of the National Assistance Act 1948.

  • R (Galdikas) v. Secretary of State for the Home Department and Secretary of State for Work and Pensions – challenge to the application of the “genuine prospect of work test” to victims of trafficking. The case involves an examination of the intricate domestic framework of social security and social services support for victims of trafficking.

In addition, David regularly advises claimants on challenges to the refusal to support under section 17 of the Children Act 1989. His work in this area often involves difficult related questions about immigration status.