Kate Whittaker

London, United Kingdom

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Summary

Practice Areas:

  • Child Abuse
Scott-Moncrieff and Associates Ltd

I specialise in community care, mental health, mental capacity, disability discrimination, education and human rights law. I have acted for individuals and organisations in relation to a variety of cases, including helping patients and vulnerable individuals obtain health and community care support and appropriate education provision from the NHS, local authorities and social services.

I have brought and worked on Judicial Review cases on a broad range of public law and human rights matters, including a House of Lords case on the application of housing benefit legislation, and cases in the European Court of Justice, which include challenges both to European legislation and to the UK's implementation of European Legislation.

 

Previous Employment

Experience

I have been involved in recent challenges to local authority and government consultations and plans to cut budgets and support for disabled people for breaching public sector equality duties, including a challenge of the proposal to close the Independent Living Fund (ILF) in 2015.

In addition I have acted for clients in Court of Protection proceedings in relation to welfare, deprivation of liberty and other issues, including cases on instruction from the Official Solicitor or court-appointed deputies. I have brought claims for breach of human rights including for severely disabled clients who have been unlawfully removed and detained away from their homes and families.

I have acted in appeals to the Social Security Commissioners and Upper Tribunal, including cases about tenancies for people who lack capacity, and about housing benefit for disabled people.

I have represented detained patients in Mental Health Review Tribunals and dealt with issues about the overlap of the Mental Health Act, Mental Capacity Act and other law.

My work for disabled and other vulnerable children has included acting in special educational needs appeals, disability discrimination claims in the SEN (Special Educational Needs and Disciplinary) Tribunal and other courts, and acting for children and young people in or leaving custody and in specialist mental health services.

I also provide specialist advice to Deputies appointed by the Court of Protection, and other clients, on a wide range of care funding issues, including advice for clients with a personal injury award or an on-going personal injury claim. I work closely with independent case managers to address issues about statutory provision faced by their clients.

Cases include:

  • R (Bracking & Others) v Secretary of State for Work & Pensions: challenge to lawfulness of consultation and proposed closure of Independent Living Fund
  • (Heffernan) v Rent Service [2008] UKHL 58: approach to setting local housing benefit levels
  • (Heffernan) v Sheffield City Council: challenge to lawfulness of council's adult care eligibility criteria
  • (Age Concern) v DTI challenge to the UK's implementation of European anti-age discrimination legislation.

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