Community Care

Landmark’s community care team offers expertise in all areas of community care, including where community care intersects with immigration, housing, procurement, rating, health and mental health, professional conduct, contractual disputes and social security benefits.

Our team advises individuals and families, local authorities, the Department for Health and Community Care, NHS bodies, NGOs (including Age UK, Mencap and Shelter), social workers and economic operators.

Members of our team edit and write some of the leading practitioners’ texts in the community care field including the Community Care Law Reports, Adult Social Care Law (2016, LAG; 2nd edition pending) and Children’s Social Care Law (2018, LAG). Barristers have also been involved in writing DoH-published guidance on legal issues in community care.

Landmark counsel are experienced in both adult and children’s community care. Specific areas of expertise include:

  • Advising on large scale re-shaping of social care provision including budget-setting, consultation, discharge of the PSED, implementation and challenges;
  • Advice and representation on challenges to service closures and reductions;
  • Advising central government on funding of social care provision;
  • Safeguarding issues including serious case/safeguarding reviews;
  • Re-housing for vulnerable families;
  • Asylum support and provision under the Care Act 2014/Children Act 1989 for adults and children subject to immigration control, including age disputes and care leavers;
  • Services and care planning for adults and children in custodial settings;
  • Ordinary residence disputes and other disputes between commissioners, including as to the NHS/LA divide;
  • Contractual disputes between commissioners and economic operators and procurement issues;
  • Negligence and other breach of duty issues;
  • Complaints, judicial review and mediation;
  • Care services in incapacity cases;
  • All aspects of charging;
  • Professional conduct issues.

A great deal of our team’s work is advisory and does not result in litigation but we have acted in many of the most significant community care cases in recent years including:

  • CP v North East Lincolnshire Council [2018] EWHC 220 Admin – SEN and social care, payment for family support;
  • Richards v Worcestershire CC [2017] EWCA Civ 1998, [2017] M.H.L.R. 388 – after-care services and restitution claims;
  • R (Tinsley) v Manchester CC [2017] EWCA Civ 1704, (2017) 20 CCLR 455 – on whether personal injury awards can be taken into account for charging purposes;
  • R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73, [2017] 3 W.L.R. 1486 – social security and Children Act 1989 provision for Zambrano children;
  • R (Barking and Dagenham LBC) v Secretary of State for Health [2017] EWHC 2449 Admin, (2017) 20 CCLR 505 – ordinary residence, autism and learning disability;
  • R (SG) v Secretary of State for Health [2017] EWCA Civ 433, [2017] 1 W.L.R. 4567 – the application of the best interests principle to children’s asylum support;
  • R (SG) v Haringey LBC [2017] EWCA Civ 322 – on whether there is an absolute obligation to provide accommodation to disabled, destitute asylum-seekers;
  • R (DAT) v West Berkshire Council [2016] EWHC 1876 Admin, (2016) 19 CCLR 362 – challenge to closure of children’s short breaks service;
  • R (Carmichael) v Secretary of State for Work and Pensions [2016] UKSC 58, [2016] 1 W.L.R. 4550 – disability discrimination and HB;
  • Morris-Garner v One Step (Support) Limited [2016] EWCA Civ 180, [2017] Q.B. 1 – restraint of trade clauses in commercial social care operations;
  • R (C) v Southwark LBC [2016] EWCA Civ 707, (2016) 19 CCLR 347 – assessment of support for families from abroad under the Children Act 1989;
  • R (West Berkshire DC and Wokingham BC) v Secretary of State for Health (CO/1273/15) – challenge to central government funding for the Care Act 2014;
  • Secretary of State for Work and Pensions v Tolley [2015] UKSC 55, [2016] 1 C.M.L.R. 23 – care component of DLA;
  • Mathieson v Secretary of State for Work and Pensions [2015] UKSC 47, [2015] 1 W.L.R. 3250 – DLA where children are hospitalised;
  • R (JS) v Secretary of State for Work and Pensions [2015] UKSC 16, [2015] 1 W.L.R. 1449 – benefit cap and children’s welfare;
  • R (Cornwall Council) v Secretary of State for Health [2015] UKSC 46, [2016] A.C. 137 – ordinary residence;
  • R (Kent CC) v Secretary of State for Health [201] 1 WLR 1221 – ordinary residence;
  • Mohamoud v Kensington & Chelsea RLBC [2015] EWCA Civ 780, [2016] P.T.S.R. 289 – children, best interests and homelessness;
  • R (AM) v Havering LBC and Tower Hamlets LBC [2015] EWHC 1004 Admin, [2015] P.T.S.R. 1242 – children and intentional homelessness; local authority responsibilities;
  • R (Walford) v Worcestershire CC [2015] EWCA Civ 22, [2016] 1 All. E.R. 801 – care home charging;
  • R (SO)(Eritrea) v Barking and Dagenham LBC [2014] EWCA Civ 1485 – age assessments and remedial services;
  • R (SL) v Westminster CC [2013] 1 W.L.R 1445, [2013] UKSC 27 – asylum support/social care divide;
  • R (O) v Barking and Dagenham LBC [2011] 1 WLR 1283.
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