Profile description
Sarah has appeared in may unreported and successfully concluded Court and Tribunal cases.
Recent Reported cases when Sarah appeared for a local authority include:
R(SG) v London Borough of Haringey [2015] EWHC 2579 (Admin)
First Care Act 2014 case. This case established the important principle over the duty to ensure a Care Act Advocate is available to assist the assessment process before a determination decision is made, once the local authority decides that the service user meets the statutory criteria for an Advocate to be appointed. The fact that a local authority makes a referral for one, but one is not available due to insufficient resource is no defence. Haringey successfully argued it was under no duty under section 18 to provide accommodation to SG, as this was what the Claimant really sought. The court agreed obiter dicta, there was no duty to provide accommodation. There was a duty upon Haringey to ask itself the question but Haringey had failed to ask themselves that question. The assessment was quashed and Haringey would carry out another assessment. The claimant, sought to appeal the decision that there was no duty upon Haringey to provide accommodation pursuant to section 18. Sarah had left Haringey at the time when the Court of Appeal granted permission but the matter has now been heard and the Appellants appeal was dismissed very early in the hearing at the preliminary stage. The Court of Appeal decided the issues were academic at the preliminary stage of the hearing. Haringey were represented by Stephen Knaffler QC.
PB v RB & Anor [2016] EWHC COP 12
A Court of Protection welfare case that had been running for 4 years and there had been two previous trials. This was a long running complex case about where RB should live and what care she should receive. RB was an elderly woman who dementia, but has lived a very independent life. She had been living at her home address with professional carer support. Her health had deteriorated and she was hospitalised and thereafter went to recuperate in a residential care home. The local authority reassessed and formed a view it was in her long term best interest to remain in the residential care home. Her son who was also her deputy for property and affairs did not agree. The local authority were successful in achieving the care plan they believed would be in RB’s best interest. The OS supported the local authority care plan at the final hearing but had not always done so.
R Re [2016] EWCOP 33
This was a Deprivation of Liberty case involving a Young Man in with severe learning disabilities in transition from his residential education college to supported community living. His parents had become his welfare and property and affairs deputy. The local authority involvement had been statutory to assess his care and support needs and offer support subject to eligibility, including a financial assessment of means. They had not perceived themselves as the decision makers but facilitators to the deputies in securing supported living. The questions the local authority wanted to know were, in this situation were, is R deprived of liberty at all, given his deputies are also his parents, if yes, are they or the deputies depriving R of his liberty and if so was there a need for the local authority or deputies to secure a DOL from the court. The court decided it was the local authority that were depriving and had the responsibility to apply for the DOL order which they had done.
Note: Sarah had left that part of Haringey legal services by the time the judgment was handed down. The local authority had argued they were not depriving. The OS and the deputies said they were. The judgment has some factual inaccuracies which it seems the local authority did not pursue to correct, inaccuracies which the judge had relied on to make his findings. In addition, commentators from 39 Essex Street, though seemed to conclude in their commentary on this case that Haringey would be responsible, took issue with the reasoning of the judge in coming to his decision. Sarah is of the view that this is an issue that is yet to be properly explored in another case as it seems to run contrary to what the Code of Practice says about the roles, responsibilities of Deputies for Welfare. It seems there is a grey area and it is unclear how the decision making and responsibilities are to be shared between Deputies for Welfare and local authorities in cases where the Deputies enjoy very wide and extensive decision making duties and powers in finely tuned DOLS cases. Certainly there will need to be a case by case discussion between the local authority and the Deputies to avoid potential disputes after the fact.
Re X Procedure Following Cheshire West before the President of the Court of Protection Munby LJ
Sarah appeared at this hearing along with the many other parties who applied to be formally joined. However, Sarah advised the in-house solicitor and client department that this matter, which Haringey had issued and had been listed before the President did not require Haringey be formally joined and incur the costs of the 2-day hearing. Sarah’s head of service agreed with the advice Sarah gave to her client department on this hearing. Sarah stuck her head out above the parrot pit at the hearing and submitted that Haringey did not wish to make submissions, or be joined or incur the part costs of any transcripts arising from the hearing. It was noted that the matter was later appealed by the Official Solicitor, and at the appeal, the Court of Appeal questioned the purpose of that hearing and held that no decisions made were legally binding but were only opinions of the president.
Other Information About Sarah
In addition to legal practice Sarah has started a small business doing to turn her love and hobby of sourcing and buying lquality unbranded eather handbags into a small business. The idea came from Sarah's husband, who decided it was time to tell Sarah the only way she could justify another handbag fallingon his head was if she intended to sell them (smile). Sarah was delighted as it meant she could continue to buy these beautiful handbags and share them with everyone. In general Sarah loves sharing affordable fashion ideas, and helping people to feel good and be inspired to look their best.
