Government Legal Department Vacancies

Government Legal Department Vacancies

Disability discrimination and proportionality in housing management

The High Court recently upheld a possession order against a tenant who is a hoarder, rejecting a submission that the first instance judge's conclusion that the social landlord had acted proportionately was wrong. John Murray sets out the lessons from the case. Read more

  NEWS

Jun 10, 2025

Northern Ireland Government to ask Supreme Court whether amended Deprivation of Liberty Safeguards Code of Practice satisfies Article 5 even if approach is different to Cheshire West

The Attorney-General for Northern Ireland has made a reference to the Supreme Court over whether proposed changes to Northern Ireland's Deprivation of Liberty Safeguards Code of Practice that differ from the approach set out in the landmark Cheshire West ruling nevertheless satisfy Article 6 of the European Convention on Human Rights (the right to liberty).
May 12, 2025

Casey Commission to set out initial plan for national care service by 2026

The government has announced that an independent commission into adult social care, chaired by Baroness Louise Casey, tasked with setting out the plan for implementing a National Care Service will report by 2026, and make “longer-term” recommendations for the transformation of adult social care by 2028.

  FEATURES AND ANALYSIS

May 21, 2025

Cross-border deprivation of liberty

A senior Court of Protection judge recently rejected an application by a Scottish local authority for recognition and enforcement of a guardianship order made in Scotland. The Court of Protection team at 39 Essex Chambers analyse the ruling.
May 02, 2025

Abbasi and Haastrup: to name or not to name

Last month saw the handing down of the long-awaited judgment of the Supreme Court in joined cases on the identification of clinicians in end-of-life cases. The ruling has a potential wide-ranging impact across the health and care sectors, writes Hannah Taylor.
April 30, 2025

Managing the homes of vulnerable adults

Antonia Ford reports on securing an award of damages following a personal injury claim brought by a community nurse carrying out a visit to a vulnerable adult’s recently-fumigated home, in a case where the existence of a duty of care was in dispute.
April 25, 2025

Transfers from hospital to social care

What are the key laws that need to be upheld when transferring people from NHS hospital to local authority social care? Elizabeth Ridley explains.
April 15, 2025

Provision of same-sex intimate care

A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.

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  MORE FEATURES

April 04, 2025

High Court guidance on Article 3 engagement in care at home cases

David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
March 19, 2025

Issuing proceedings in best interests cases

Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.
March 04, 2025

The interaction between housing and social care duties 

Members of the Cornerstone Barristers Housing Team set out key takeaways from three important decisions from the Court of Appeal clarifying the interaction between local authorities’ obligations under the Housing Act 1996 and social care legislation.
February 28, 2025

What is the right approach to Care Act assessments?

The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
February 20, 2025

Homelessness and health

Julia Jones and Julie Bennett look at government guidance which suggests that the discharging from hospital of people at risk of or experiencing homelessness is a window of opportunity to address an individual’s complex needs.
February 19, 2025

Capacity, insight and professional cultures

Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.
February 07, 2025

Setting care home fees

The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
January 21, 2025

“On a DoLS”

Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
January 21, 2025

It’s all about the care plan

A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
January 17, 2025

Mental capacity and expert evidence

The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.