Hilton Harrop-Griffiths

Called 1978

BA (Manchester)

Main Areas of Practice

Court of Protection
Public Law and Local Government
Housing

Professional Memberships

ALBA

Profile

Tony practises in public law and general civil law. His main clients are local authorities, principally their Social Services departments. He is instructed on a regular basis by about a third of the London boroughs, as well as several city and some county councils. He is also occasionally instructed in claims against authorities.

He has a detailed knowledge of most issues that arise in practice, in particular of the relationship between community care and immigration/asylum legislation. He uses this knowledge in advisory work, in the Administrative Court in claims for judicial review, in the formulation of policies and procedures and in lectures and seminars. His general civil work mostly relates to the recovery of charges for community care, in particular where there is a personal injury claim.

Although most of his reported cases concern local authority support for children and families under the Children Act 1989 his work as a whole is evenly split between this and matters concerning adults, including those affected by the Mental Capacity Act 2005.

Ranked Leading Junior. ‘One of the best community care barristers in practice’  (2011 Legal 500).

Public Law and Local Government

Currently Tony is working on the following:

Support for persons from abroad: Schedule 3 to the Nationality, Immigration and Asylum Act 2002, human rights, EU Treaty rights, M v. Slough cases, section 4 support from NASS, age assessments
Mainstream community care: Ordinary residence disputes, reduction in services (consultation, legitimate expectation and disability discrimination), direct payments, NHS continuing care, CRAG, charging and personal injury claims, relationship between housing assistance and section 21 accommodation
Mainstream support for children and families: Relationship between sections 17 and 20 of the Children Act, payments to special guardians and adopters, leaving care functions, intentionally homeless families, inter-authority disputes
Mental Health: Court of Protection work (both property and welfare), after-care services, displacement of nearest relative
Confidentiality and disclosure: Data protection, PII

He also has experience of claims for judicial review concerning housing, education, local government finance, immigration and inquests.

Notable Cases

R (A) v LB Enfield [2008] EWHC 1886 (Admin) – placing of child's name on Child Protection Register –acted for Enfield
PCT v AH [2008] EWHC 1403 (Fam) – best interests in the Court of Protection – acted for local authority involved
R (LB Hillingdon et al.) v Lord Chancellor et al. [2008] EWHC 2683 (Admin) – challenge to increase in court fees for bringing care proceedings – acted for NSPCC
R (Liverpool CC) v LB Hillingdon [2009] EWCA Civ 43 – inter-authority dispute about support for a child – acted for Hillingdon
R (FL) v LB Lambeth [2010] EWHC 49 (Admin) – whether duty owed to a child under section 20 of the Children Act – acted for Lambeth

Housing

An associated area is advising on and conducting appeals under Part VII of the Housing Act 1996 and claims for judicial review arising from decisions made under this legislation. He has a particular interest in eligibility issues concerning EEA nationals.

Other Areas

Tony also has experience of claims for judicial review concerning inquests, education and local government finance.

Further Notable Cases

R v Ealing ex p. C (1999) CA - Accommodation under section 17 of the Children Act 1989
R (Batantu) v Islington (2000) HC - Accommodation under section 21 of the National Assistance Act 1948
R (G) v Barnet [2001] EWCA Civ 540 - Accommodation under section 17 (concerning EEA national)
R (Khana) v Southwark [2001] EWCA Civ 999 - Accommodation under section 21
R (G) v Ealing [2002] EWHC 1112 (Admin) - Displacement of nearest relative under the Mental Health Act 1983
R (Bernard) v Enfield [2002] EWHC 2282 (Admin) - Damages for breach of human rights
Hijazi v Kensington & Chelsea [2003] EWCA Civ 692 - Housing assistance under Part VII of the Housing Act 1996 (evidence supplementing reasons)
R (Nassir) v Redbridge [2003] EWHC 3419 (Admin) - Accommodation under section 21 (ordinary residence).
R (O) v Haringey [2004] EWCA Civ 535 - Relationship between section 21 and asylum support from NASS
R (T) v Enfield [2004] EWHC 2297 (Admin) - Age assessment
R (Hughes) v Liverpool [2005] EWHC 428 (Admin) - Relationship between accommodation under section 21 and housing assistance

If you would like any further information regarding Tony Hilton Harrop-Griffiths's practice, please contact his clerks or call +44 (0)20 7405 6114.