Sian Davies

“Sian has a very good understanding of the overlap of local authorities and housing." "She offers reliable, robust advice and professionalism throughout. Her client care is excellent. She responds to requests promptly and maintains an air of calm despite being confronted with the last-minute regular twists and turns of judicial review litigation." Chambers and Partners 2022

Cases of note

McDonald v Royal Borough of Kensington and Chelsea  [2011] UKSC 33 - Sian appeared for RBKC in this leading case on the relevance of resources in relation to local authority decisions as to the provision of care and support, as to the positive obligations imposed by article 8 of the European Convention on Human Rights (ECHR) in relation to those with care and support needs, the extent to which an obligation to “have regard” requires express consideration, and as to the approach to be taken to the construction of social work assessments
Judgment

R(AY) v LB Barnet JR/5284/2019  (22 April 2020) - Sian appeared for the claimant in this age assessment fact finding dispute, in which the court identified deficiencies in the local authority assessment, and gave guidance as to the use of social media evidence, finding the claimant to be his claimed age.
Judgment

R(Ncube) v Brighton and Hove City Council ([2021] 1 WLR 4762, [2021] EWHC 578 (Admin), [2021] WLR 4762 - Determination of local authority powers and duties to provide accommodation to an unlawfully present failed asylum seeker during the Covid-19 pandemic and currency of “Everyone In” police by reference to local authority emergency, public health and Localism Act 2011 powers.
Judgment

R(HBTN) v Sunderland CC and Others ([2019] EWHC 3221 (Admin) - Dispute as to which local authority responsible for meeting the needs of an age-disputed asylum seeker.
Judgment

R(Juttla) v  Hertfordshire Valleys CCG & Others [2018] EWHC 267 (Admin) (21 February 2018) - Concerned the lawfulness of a decision to close a children’s respite facility by reference to consultation and Equality Act 2010 obligations.
Judgment

R(OA) v LB Bexley ([2020] EWHC 1107 (Admin), [2020] PTSR 1654, [2020] WLR(D) 294 - This was a challenge to Bexley’s decision not to provide financial support to the adult sibling of a child who was recognised as “child in need” for the purposes of s17 Children Act 1989 because of his family’s no recourse to public funds status. Sian acted for LB Bexley, whose decision was upheld.
Judgment

C, T, M and U v London Borough of Southwark [2016] EWCA Civ 707 (12 July 2016) ([2016] EWCA Civ 707, [2016] HLR 3 - The court of appeal held that a local authority “bespoke” approach to the provision of financial support under the Children Act 1989 to a family without recourse to public funds was lawful, holding that reference to other statutory support was not required, and that this category of children in need were not to be assessed differently to others under the 1989 Act.
Judgment

R(O) v LB Lambeth ([2016] EWHC 937 (Admin) - Sian appeared for Lambeth in this case which set subsequently followed guidance on the approach to assessment of those seeking support on the basis of a child in need, in particular addressing the procedural requirements for an inference to be drawn that the family has undisclosed support.
Judgment

Cases of note

Wigan BC v Y (Refusal to Authorise Deprivation of Liberty) [2021] EWHC 1982 (Fam) (14 July 2021) 
([2021] EWHC 1982 (Fam) - Sian acted for the NHS trust in which a looked after child was being deprived of his liberty in a manner which the court declined to authorise on the basis that the child did not have a clinical need to be in hospital, and the only reason for his presence there was the lack of suitable accommodation elsewhere.
Judgment

ZK, R (On the Application Of) v Norfolk County Council & Anor [2021] EWHC 1249 (Admin) (12 May 2021
Judgment

NZ, Re (Mental Capacity Act 2005) [2021] EWCOP 16 (23 February 2021) - Sian acted for the NHS trust seeking authority for the cessation of treatment which it considered to be in the best interests of a Covid-19 patient.

AB, Re [2020] EWCOP 47 (25 September 2020) - Decision on habitual residence and jurisdiction of the Court of Protection in the case of a young woman who had been removed from the USA by her mother.
Judgment

BP v The London Borough of Harrow (Costs) [2019] EWCOP 20 (14 June 2019) -  Application for costs in a case where a trial of care at home was resisted by the local authority up to the door of the court.
Judgment

RD & Ors (Duties and Powers of Relevant Person's Representatives and Section 39D IMCAS) (Rev 1) [2016] EWCOP 49 ([2016] EWCOP 49, [2017] 1 WLR 1723, [2017] COPLR 87, [2017] WLR(D) 15 - Key decision addressing the circumstances in which a s21A Mental Capacity Act 2005 application should be made.
Judgment

R(ZK) v Norfolk CC ZK, R (On the Application Of) v Norfolk County Council & Anor [2021] EWHC 1249 (Admin) (12 May 2021) ([2021] EWHC 1249 (Admin) - Judicial review challenge to the suitability of accommodation provided by way of discharge of duty under s117 Mental Health Act 1983 (after-care) in the case of a person with complex mental health needs and lacking capacity to make decisions regarding her residence and care. 

Cases of note

R(Ncube) v Brighton and Hove CC ([2021] 1 WLR 4762, [2021] EWHC 578 (Admin), [2021] WLR 4762 - Determination of local authority powers and duties to provide accommodation to an unlawfully present failed asylum seeker during the Covid-19 pandemic and currency of “Everyone In” police by reference to local authority emergency, public health and Localism Act 2011 powers. The claimant was ineligible for housing assistance under Housing Act 1996, so the issue was whether and under what power he could be accommodated. Sian appeared from the defendant local authority.
Judgment

C, T, M and U, R (on the application of) v London Borough of Southwark [2016] EWCA Civ 707 (12 July 2016) ([2016] EWCA Civ 707, [2016] HLR 36 - The Court of Appeal considered the extent to which support, including housing, provided to a family under s17 Children Act 1989 required to be tailored to other forms of statutory support and the type of assessment of the needs of a child required.
Judgment

R(O) v LB Lambeth ([2016] EWHC 937 (Admin) - Sian appeared for Lambeth in this challenge to a decision that a child was homeless and therefore not in need for s17 Children Act 1989 purposes because of undisclosed financial resources of the family. The judgment contains guidance, subsequently followed, as to the procedure to be applied in inferring undisclosed support.
Judgment

R(OA) v LB Bexley ([2020] EWHC 1107 (Admin), [2020] PTSR 1654, [2020] WLR(D) 294 - This was a challenge to Bexley’s decision not to provide support to the adult sibling of a child who was recognised as “child in need” for the purposes of s17 Children Act 1989 because of his family’s no recourse to public funds status. Sian acted for LB Bexley, whose decision was upheld.
Judgment

ZK, R (On the Application Of) v Norfolk County Council & Anor [2021] EWHC 1249 - Judicial review challenge to the suitability of accommodation provided by way of discharge of duty under s117 Mental Health Act 1983 (after-care) in the case of a person with complex mental health needs and lacking capacity to make decisions regarding her residence and care.
Judgment

Trindade v LB Hackney [([2017] EWCA Civ 942] -
An appeal from a s.204 Housing Act 1996 appeal challenging an intentional homelessness decision arising from Hackney’s review decision that the applicant, in leaving her settled accommodation abroad, had not made sufficient inquiry into housing in the UK to be unaware of a relevant fact for the purposes of s191 Housing Act 1996. Sian appeared for the successful respondent.
Judgment