Kelvin Rutledge KC is a specialist in local government law with a nationwide client base. His practice covers most areas of local authority responsibilities but he is especially well known for his experience and expertise in the fields of housing and social care. He is a highly accomplished advocate with multiple appearances in the Court of Appeal and Supreme Court. In addition to appellate work, Kelvin undertakes judicial review cases, civil trials, inquests and public inquiries. He is also a highly experienced and knowledgeable property lawyer.
Kelvin provides advocacy, advisory and drafting services in relation to a wide range of topics including, in the last two years, homelessness and housing allocation schemes, care home contracts, children’s services, housing finance, road traffic management schemes, land appropriation, public procurement, leaseholder’s rights, ombudsman’s complaints, ordinary residence disputes and equality duties. Kelvin regularly provides assistance to authorities on matters of policy and public governance. He also appears and advises in related areas of European, human rights and private law.
Common themes running through the directory entries are that Kelvin is a highly knowledgeable and technically-adept lawyer; a tenacious advocate with a friendly and accessible manner, and that clients enjoy working with him. He has a strong work ethic and can be relied upon to meet deadlines.
Kelvin has appeared in some of the leading cases in his field including Croydon LBC v Kalonga [2022] (Supreme Court, flexible tenancies); R(Gullu) v Hillingdon LBC [2019] (Court of Appeal, housing allocations schemes); Hackney LBC v Haque [2017] (Court of Appeal, public sector equality duty); Hotak v Southwark LBC [2015] (Supreme Court, homelessness vulnerability); Temur v Hackney LBC [2014] (Court of Appeal, homelessness reviews); McDonald v RB Kensington & Chelsea [2011] (Supreme Court, adult social care duties; resources); Hounslow LBC v Powell [2011] (Supreme Court, possession proceedings and human rights) and M v Slough BC [2008] (House of Lords, adult social care, definition of ‘care and attention’).
Expertise
- Public Law and Judicial Review
Kelvin has substantial experience and tactical knowledge and expertise of judicial review, especially defence work. In particular, he has considerable knowledge and experience of defending decisions to reduce public services: see, for example, R(McDonald) v Royal Borough of Kensington & Chelsea in the Supreme Court. Due to careful handling, many of these cases do not go to a full hearing. For homelessness duties see Elkundi v Birmingham CC/Imam v Croydon LBC [2022]; for traffic management schemes see HHRC v Hackney LBC [2021]; for children’s services see R(AK) v Islington LBC [2021]; for civil restraint orders see Islington LBC v Adelaja [2019]; for public spaces protection orders see Summers v Richmond upon Thames LBC [2018]; for ordinary residence disputes see R(Barking & Dagenham LBC) v SSH [2017] and R(Kent CC) v SSH [2015]; for care homes see Menon v Herefordshire Council [2016]; for selective licensing schemes see R(Regas) v Enfield LBC [2014]; for age assessments see R(SO) v Barking & Dagenham LBC [2014]; for land appropriation see R(Maries) v Merton LBC [2015]; for foster carers see R(X) v Tower Hamlets LBC [2013] and for European law see Konodyba v Kensington & Chelsea RBC [2012]. For disputes concerning the interplay between local government and health services see R(LB Greenwich) v Secretary of State for Health [2006]; for claimant work see R (Structadene) v LB Hackney (2001); for factually sensitive cases see R(M) v LB Hackney [2009] EWHC 2255 (Admin) (successfully defended local authority’s decision not to rehouse a convicted paedophile); for politically sensitive cases see R(Beale) v LB Camden [2004] (the “Camden ALMO case”) and Swords v Secretary of State for Communities & Local Government [2007] EWCA Civ 795 (both high profile challenges to council housing stock transfers).
- Supreme Court: Resources are relevant to the question whether a mandatory order should be made compelling compliance with a statutory duty28 Nov 2023
- High Court Rejects Challenge to Hackney Council’s Emergency Transport Plan03 Sep 2021
- High Court upholds 10 years’ residence requirement to join social housing waiting list26 Jul 2018
- High Court upholds Public Spaces Protection Order on multiple dog walking20 Apr 2018
- Cornerstone Double Triple Whammy at Supreme Court Today01 Jan 2018
- Cornerstone Trio in Supreme Court Triple Whammy01 Jan 2018
- Cornerstone note Supreme Court homelessness judgment01 Jan 2018
- R. (on the application of McDonald) v Kensington and Chelsea RLBC [2011] UKSC 3301 Jan 2018
- LB Hounslow v Powell; Leeds CC v Hall and Birmingham CC v Frisby [2011] UKSC 801 Jan 2018
- Lekpo-Bozua v London Borough of Hackney & Ors [2010] EWCA Civ 90901 Jan 2018
- R (on the application of the London Borough of Greenwich) v Secretary of State for Health and another [2006] EWHC 2576 (Admin)01 Jan 2018
- Begum v London Borough of Tower Hamlets [2003] UKHL 501 Jan 2018
- London Borough of Islington v University College London Hospital NHS Trust [2005] EWCA Civ 59601 Jan 2018
- Phillips v Camden London Borough Council [2005] EWCA Civ 100501 Jan 2018
- Structadene Ltd, R (on the application of) v Hackney London Borough Council [2000] EWHC Admin 40501 Jan 2018
- Rogers v London Borough Of Islington [1999] EWCA Civ 204601 Jan 2018
- Vulnerability and priority need: triple whammy in the Supreme Court01 Jan 2018
- Homelessness decisions and the public sector equality duty: a victory for substance over form01 Jan 2018
- Cornerstone Housing Newsletter – August 201601 Jan 2018
- Cornerstone Barristers advise on voluntary right to buy scheme01 Jan 2018
- Inside Housing – Housing associations could be vulnerable to judicial review if they refuse to sell tenants the homes they are living in under the extended Right to Buy01 Jan 2018
- Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 201601 Jan 2018
- Cornerstone Housing Newsletter – May 201601 Jan 2018
- Cornerstone Housing Day 2015 – Presentations01 Jan 2018
- Cornerstone Housing Newsletter – October 201501 Jan 2018
- Cornerstone Barristers Housing Newsletter – July 201501 Jan 2018
- Housing
Chambers & Partners recognises that Kelvin has a formidable reputation in the social housing sector describing him as an “exceptional” practitioner who “leaves no stone unturned in his preparation”. His thorough and detailed approach is complemented by a “wonderfully accessible and friendly manner”, which naturally means he is “adored by clients”. The Legal 500 describes him as an “outstanding housing lawyer” and a “leading expert in the field”.
Kelvin’s recent housing cases include Croydon LBC v Kolonga [2022] (Supreme Court, flexible tenancies); Biden v Waverley BC [2022] (Court of Appeal, homelessness enquiries and equality duties); Elkundi v Birmingham CC / Imam v Croydon LBC [2022] (Court of Appeal, homelessness duty and mandatory relief); R(Gullu) v Hillingdon LBC [2019] (Court of Appeal, allocation schemes); Hackney LBC v Haque [2017] (Court of Appeal, equality duties); Temur v Hackney LBC [2014] (Court of Appeal, homelessness reviews), and Hotak v Southward LBC [2014] (Supreme Court, homelessness, definition of vulnerability).
- Supreme Court: Resources are relevant to the question whether a mandatory order should be made compelling compliance with a statutory duty28 Nov 2023
- Kelvin Rutledge KC and Riccardo Calzavara appear at Supreme Court03 May 2023
- Croydon Council succeeds in the Supreme Court on the termination of flexible tenancies09 Mar 2022
- Supreme Court grants permission to appeal in Croydon LBC v Kalonga26 Apr 2021
- You don’t need it, but you have to use it27 Jan 2021
- Permission to appeal granted in Croydon LBC v Kalonga24 Aug 2020
- High Court upholds 10 years’ residence requirement to join social housing waiting list26 Jul 2018
- High Court upholds Public Spaces Protection Order on multiple dog walking20 Apr 2018
- Cornerstone Double Triple Whammy at Supreme Court Today01 Jan 2018
- Cornerstone Trio in Supreme Court Triple Whammy01 Jan 2018
- Cornerstone note Supreme Court homelessness judgment01 Jan 2018
- Morris & Anor, R (on the application of) v London Borough Of Brent [1997] EWCA Civ 186801 Jan 2018
- Lekpo-Bozua v London Borough of Hackney & Ors [2010] EWCA Civ 90901 Jan 2018
- Hotak v Southwark01 Jan 2018
- London Borough of Tower Hamlets v Begum [2005] EWCA Civ 34001 Jan 2018
- Statutory Homeless Reviews: Like Marriage A “For Better Or For Worse” Experience01 Jan 2018
- Mohamed, R (On The Application Of) V London Borough Of Harrow [2005] EWHC 3194 (Admin)01 Jan 2018
- Osmani v London Borough of Harrow [2004] UKHL 401 Jan 2018
- Ealing v Surdonja & Ors [2000] EWCA Civ 701 Jan 2018
- Pereira, R (on the application of) v London Borough Of Camden [1998] EWCA Civ 86301 Jan 2018
- Royal Borough Of Kingston Upon Thames v Prince & Anor [1998] EWCA Civ 189101 Jan 2018
- O’Rourke v. Mayor Etc of the London Borough of Camden [1997] UKHL 2401 Jan 2018
- Vulnerability and priority need: triple whammy in the Supreme Court01 Jan 2018
- Homelessness decisions and the public sector equality duty: a victory for substance over form01 Jan 2018
- Cornerstone Barristers retains top ranking in legal directories for Social Housing25 Oct 2023
- Cornerstone Housing Newsletter – June 202327 Jun 2023
- Cornerstone Barristers shortlisted in the Legal 500 Bar Awards 202206 Jul 2022
- Kelvin Rutledge QC and Riccardo Calzavara in the Supreme Court today12 Jan 2022
- Social housing allocation: new guidance for social landlords during the Covid-19 pandemic28 Apr 2020
- Cornerstone Housing Newsletter – August 201601 Jan 2018
- Cornerstone Barristers advise on voluntary right to buy scheme01 Jan 2018
- Inside Housing – Housing associations could be vulnerable to judicial review if they refuse to sell tenants the homes they are living in under the extended Right to Buy01 Jan 2018
- Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 201601 Jan 2018
- Cornerstone Newsletter: Bringing You the Latest in Legal Developments01 Jan 2018
- MPs scrutinise Government’s implementation plan for the Homelessness Reduction Act 201701 Jan 2018
- Cornerstone Housing Newsletter – May 201601 Jan 2018
- Cornerstone Housing Day 2015 – Presentations01 Jan 2018
- Cornerstone Housing Newsletter – October 201501 Jan 2018
- Cornerstone Barristers Housing Newsletter – July 201501 Jan 2018
- Housing Law Update: the essential guide to all the latest changes01 Jan 2018
- Health and Social Care
One of Kelvin’s greatest strengths is his cross-over knowledge and experience between different areas of local government law, especially between housing, adult social care, children’s services, mental health and educational services. His law-changing cases in the adult social care sphere include M v Slough BC [2009] (House of Lords, definition of ‘care and attention’) and McDonald v Kensington & Chelsea RBC [2011] (Supreme Court, care assessments and human rights). Kelvin is often instructed on major strategic matters such as budget setting and formulation of policy and procedure, as well as commercially and reputationally sensitive cases.
- Herefordshire Council cleared of misfeasance allegations01 Jan 2018
- R. (on the application of McDonald) v Kensington and Chelsea RLBC [2011] UKSC 3301 Jan 2018
- R (on the application of the London Borough of Greenwich) v Secretary of State for Health and another [2006] EWHC 2576 (Admin)01 Jan 2018
- Settling Age-Assessment Disputes Out Of Court01 Jan 2018
- R (McDonald) v Royal Borough of Kensington & Chelsea [2011] UKSC 3301 Jan 2018
- Bath & NE Somerset Council V SC & RP (CoP, Swindon Combined Court Centre, DJ Ralton) Nov. 2013.01 Jan 2018