020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
Kelvin Rutledge QC is a specialist in local government law with particular emphasis on social housing, adult community care, children's services, land dealings and governance. He has related expertise in human rights, European and discrimination law and is also a highly experienced and knowledgeable property lawyer.
Kelvin was appointed Queen's Counsel in 2013. His wide experience as an advocate includes appearances in the UK Supreme Court and the European Court of Justice. Over 90 of his cases have been reported.
In the last two years alone Kelvin has provided advocacy, advisory and drafting services in relation to a wide range of topics including care homes, homelessness and housing allocation schemes, housing finance, elections, inquests, land appropriation, leaseholder's rights, ombudsman's complaints, ordinary residence disputes and equality duties. He regularly provides assistance to authorities on matters of policy and public governance. He also appears and advises in related areas of private law.
Common themes running through the directory entries are that Kelvin is a good technical lawyer, a tenacious advocate with a friendly and accessible manner, and that clients enjoy working with him.
In the community care field Kelvin appeared for the successful councils in two of the most important cases in recent years: Slough BC v M in the House of Lords (residential care, definition of care and attention), and McDonald v Royal Borough of Kensington & Chelsea in the Supreme Court (resources, human rights and equality duties).
His housing cases include many leading authorities such as Hotak v Southwark LBC (definition of 'vulnerability'), Runa Begum v Tower Hamlets LBC (reviews), and Kay v Lambeth LBC, Powell v Hounslow LBC and Hall v Leeds CC (possession proceedings and human rights), all Supreme Court/House of Lords.
Social Housing "Highly experienced silk with a particular focus on matters concerning local government. He offers respected expertise in a range of cases, such as those involving homelessness allocation schemes and outer borough placements. He also makes frequent appearances before the Court of Appeal and Supreme Court. Rutledge complements his housing expertise with an impressive community care practice, and is able to act in a range of cases where the two spheres intersect. He also regularly provides counsel to local authority clients on issues of policy. Strengths: "A very fair and thorough advocate." "A real specialist who deals with difficult cases." Chambers and Partners 2021
Community Care "Leading silk with a broad community care practice, who is most active representing local authorities. He has appeared at the highest levels of the judicial system including at the Supreme Court and House of Lords. Strengths: "Extremely knowledgeable and very thorough."Chambers and Partners 2021
"Has a good eye for detail." Legal 500 2021
"He is very knowledgeable about his subject matter and he always performs." Chambers and Partners 2020
"He's a very nice opponent and has very good judgement." Chambers and Partners 2020
"He has a particular expertise in homelessness law and is, deservedly, a go-to silk for local housing authorities nationwide." The Legal 500 2020
"Great on the case detail." The Legal 500 2020
"Always extremely fair and very well prepared." "He absolutely knows housing law inside out." Chambers and Partners 2019
"Kelvin has an encyclopaedic and enviable knowledge of housing law and its inter-relation with other areas of law, including community care and the Court of Protection. These qualities make him an excellent housing lawyer. He is equally an experienced, authoritative and persuasive advocate." Legal 500 2021
"A very competent silk." "A go-to for government and local authorities." Chambers and Partners 2019
"He is forensic in his legal approach, yet makes it seem so simple." The Legal 500 2018
"Generous with his time and encyclopaedic in his knowledge of housing law through the ages." The Legal 500 2018
"He's a die-hard defender in local authority cases, and a solid silk who has lots of public authorities seeking him out." Chambers & Partners 2018
"Blown away by him, one of the most tenacious advocates around." Chambers & Partners 2017
"A tactical opponent who goes in quite hard but also takes a fair and balanced view." Chambers & Partners 2017
"A tough and excellent advocate, who is easy to work with as part of a team." Legal 500 2016
"He's a very succinct advocate who is dogged in his determination." Chambers & Partners 2016
"He should be singled out for his knowledge of eligibility issues and matters related to EU law." Chambers & Partners 2016
"Very knowledgeable on all aspects of homelessness law." Legal 500 2015
Substantial experience and tactical knowledge of judicial review, especially defence work. Considerable knowledge and experience of defending decisions to reduce public services etc: see, for example, R(McDonald) v RBKC in the Supreme Court.
Advises regularly on issues of equality, discrimination and human rights. Good working knowledge of NHS law.
His most relevant recent experience is in relation to residential home closures. He handled two such case for "large midlands authority" neither of which went to full hearing because they handled the closures successfully. These cases involved complex issues of discrimination and human rights. For disputes concerning the interplay between local government and health services see R(LB Greenwich) v Secretary of State for Health [2006] EWHC 2576 (Admin). For claimant work, see R (Structadene) v LB Hackney (2001) 82 P. & C.R. 25 (acted for successful claimant against local authority's failure to sell land for best value). For factually sensitive cases see R(M) v LB Hackney [2009] EWHC 2255 (Admin) (successfully defended local authority's decision not to rehouse a highly vulnerable individual who was a convicted paedophile). For politically sensitive cases see Ibrahim v LB Harrow [2008] 2 C.M.L.R. 30 (housing duties for spouse of EU worker – appeared in ECJ in Luxembourg, subsequent national press coverage), R(Beale) v LB Camden [2004] EWHC 6 (Admin) (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), and, the case of Phoenix v Enfield.
Cases relating to the powers and duties of local authorities include
Chambers & Partners recognises that Kelvin Rutledge has a formidable reputation in the social housing sector describing him as"exceptional", "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".
Kelvin's experience includes:
Homelessness & allocations
Housing eligibility
Community care
Secure tenancies
Cases relating to the powers and duties of local authorities include
Our team represents clients in the Court of Protection, the Administrative Court and the Supreme Court in the full spectrum of health and social care matters, including adult and child social care, mental capacity and mental health law.
We act on behalf of local authorities, healthcare providers, hospitals, families and individuals.
Our health and social care expertise is complimented by our experience in social housing and our broader expertise in local authority, administrative and public law enabling our barristers to advise on all elements of a case. For this reason our barristers are often instructed on major strategic matters such as budget setting and formulation of policy and procedure, as well as commercially and reputationally sensitive cases including judicial review proceedings.
The team is at the forefront of professional development in this area and has been awarded multiple government tenders of national significance. This includes national training for the Care Act 2014 and the legal review of Pan London Adult Safeguarding Policy & Procedures in July 2015; an invaluable guide for all local authorities combatting abuse and neglect in their area.
22nd June 2016
Inside Housing has published an article which considers a legal opinion by Kelvin Rutledge QC and Ashley Bowes. The legal opinion commissioned by Future Housing Review, states that there is no legal barrier to prevent a housing association exempting its entire portfolio under the extended Right to Buy scheme, providing it adopts a policy explaining why the homes should not be sold. The opinion notes that tenants may have grounds to judicially review the decision to exclude their property.
Click here to read the opinion.
14th October 2014
Click here to read the full article.
30th March 2009
'Cracking down on disruption: Premises closure orders' for the Solicitor's Journal
1st January 2009
The Local Government Group's Judicial Review and Support for Persons From Abroad.
1st January 2008
Annual conference: Jordan's Housing Law; Lime Legal's Allocation & Homelessness
4th August 2006
Author of 'In Possession, Blogging the Law' for the Solicitor's Journal.
1st January 2006
Author of 'Homelessness Law: Interim Accommodation and the EEA National' for the Journal of Housing Law.
Kelvin is a well-known speaker at both national and regional conferences and training programmes on topics relating to his fields of specialism.
Administrative Law Bar Association (ALBA)
Case: Housing
Supreme Court grants permission to appeal in Croydon LBC v Kalonga
26th April 2021
Croydon LBC granted a flexible tenancy to Ms Kalonga. During the fixed term of the tenancy Croydon instituted a possession claim against Ms Kalonga in the County Court. Because of....Case: Housing
You don't need it, but you have to use it
27th January 2021
Croydon LBC v Kalonga [2021] EWCA Civ 77 Ms Kalonga was the flexible tenant of property let to her by Croydon. She was served notice on the basis of rent arrears....Case: Housing
Permission to appeal granted in Croydon LBC v Kalonga
24th August 2020
The Court of Appeal has granted permission to appeal against the judgment of Tipples J in Croydon LBC v Kalonga [2020] EWHC 1353 (QB). Floyd LJ granted permission on both grounds....News: Housing
Social housing allocation: new guidance for social landlords during the Covid-19 pandemic
28th April 2020
By Kelvin Rutledge QC and Andy Lane The Ministry of Housing, Communities & Local Government, in collaboration with Public Health England, has published non-statutory guidance to support social landlords "on essential....Case: Planning and Environment
Planning permission for “community purposes” includes wraparound childcare facilities
2nd August 2018
A condition in a planning permission that a park pavilion "shall only be used for community purposes ... and for no other purpose (including any other purpose within Classes D1....Case: Public Law and Judicial Review, Housing
High Court upholds 10 years’ residence requirement to join social housing waiting list
26th July 2018
A condition requiring applicants to demonstrate at least 10 years' continuous residence in-borough before they can qualify to join Hillingdon Council's Housing Register – a condition thought to be the....Case: Public Law and Judicial Review, Housing
High Court upholds Public Spaces Protection Order on multiple dog walking
20th April 2018
The High Court has dismissed a challenge to the London Borough of Richmond upon Thames' prohibition, contained in its Public Spaces Protection Order 2017 (Dog Control), on the walking of....News: Housing
MPs scrutinise Government’s implementation plan for the Homelessness Reduction Act 2017
29th November 2017
The Communities & Local Government Select Committee, chaired by Clive Betts MP, has been providing an oversight of the Government's introduction of the Homelessness Reduction Act 2017, in a one-off....Case: Public Law and Judicial Review, Housing
Homelessness decisions and the public sector equality duty: a victory for substance over form
17th January 2017
Hackney LBC v Haque [2017] EWCA Civ 4, judgment of the Court of Appeal (McCombe, Beatson & Briggs LJJ), Tuesday 17 January 2017. A judge had been wrong to hold that....News: Public Law and Judicial Review, Housing, Property
Cornerstone Housing Newsletter - August 2016
1st August 2016
The latest edition of the Cornerstone Housing Newsletter includes:News: Public Law and Judicial Review, Planning and Environment, Housing
Cornerstone Barristers advise on voluntary right to buy scheme
4th July 2016
Kelvin Rutledge QC and Ashley Bowes were instructed by the Future Housing Review to provide an analysis of the legal implications of the Government's Manifesto pledge to extend the statutory....News: Public Law and Judicial Review, Planning and Environment, Housing
22nd June 2016
Inside Housing has published an article which considers a legal opinion by Kelvin Rutledge QC and Ashley Bowes. The legal opinion commissioned by Future Housing Review, states that there is....News: Public Law and Judicial Review, Planning and Environment, Housing
Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016
31st May 2016
The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....News: Public Law and Judicial Review, Housing
Cornerstone Housing Newsletter - May 2016
4th May 2016
The latest edition of the Cornerstone Housing Newsletter includes: Message from the Heads of Team – Kuljit Bhogal and Kelvin Rutledge QC Hotak, Johnson & Kanu one year on – Kelvin Rutledge....News: Public Law and Judicial Review, Housing, Health and Social Care
Cornerstone Housing Day 2015 - Presentations
3rd March 2016
Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.Case: Health and Social Care
Herefordshire Council cleared of misfeasance allegations
26th February 2016
Herefordshire Council has been held to have acted lawfully in suspending referrals to Rosedale Care Home in Ross-on-Wye and advising and assisting its residents to move to other homes when, in 2010, Rosedale received a zero-star rating from the Care Quality Commission and other safeguarding concerns arose.
....News: Public Law and Judicial Review, Housing, Property, Health and Social Care
Cornerstone Housing Newsletter - October 2015
29th November 2015
The latest Cornerstone Housing Newsletter includes...News: Public Law and Judicial Review, Housing
Cornerstone Barristers Housing Newsletter - July 2015
23rd July 2015
The latest Cornerstone Barristers Housing Newsletter includes...Case: Public Law and Judicial Review, Housing
Cornerstone note Supreme Court homelessness judgment
13th May 2015
SummaryThe Supreme Court has this morning handed down judgment in three conjoined appeals - Hotak v London Borough of Southwark; Kanu v London Borough of Southwark; Johnson v Solihull Metropolitan....News: Housing
Cornerstone Newsletter: Bringing You the Latest in Legal Developments
26th January 2015
Click here for the latest legal developments in housing law, as well as commentary, guidance on statutory developments and upcoming cases. Edited by Andrew Lane.....Case: Public Law and Judicial Review, Housing
Cornerstone Double Triple Whammy at Supreme Court Today
15th December 2014
Watch live coverage of a Supreme Court intervention which sees Kelvin Rutledge QC, Ashley Underwood QC and Catherine Rowlands acting for the Respondents, Solihull MBC and LB of Southwark in three appeals, with Bryan McGuire QC, Matt Hutchings and Jennifer Oscroft representing Shelter and Crisis, who are intervening.
....Case: Public Law and Judicial Review, Housing
Cornerstone Trio in Supreme Court Triple Whammy
25th November 2014
Bryan McGuire QC, Matt Hutchings and Jennifer Oscroft are instructed to represent Shelter and Crisis in a Supreme Court intervention.
In the three appeals of Johnson v Solihull, Hotak v Southwark and Kanu v Southwark, the homeless applicants challenge the Pereira test of vulnerability. The appeals have been listed before the Supreme Court on 15-17 December.
....Case: Public Law and Judicial Review, Housing
Vulnerability and priority need: triple whammy in the Supreme Court
22nd October 2014
The Supreme Court, which was already considering the case of Hotak v Southwark LBC will also consider, in a three day hearing, whether permission should be granted in the case....Case: Health and Social Care
Settling Age-Assessment Disputes Out Of Court
3rd July 2014
Subject only to the requirements of 54APD.17.1 (short statement of reasons supporting agreed order in judicial review proceedings) and, where the claimant is a child, CPR21.10 (approval of compromise), parties....Case: Housing
Statutory Homeless Reviews: Like Marriage A “For Better Or For Worse” Experience
26th June 2014
Where a local housing authority considering a homelessness application under Part 7 of the Housing Act 1996 has found an applicant to be owed some form of duty, and there....Case: Health and Social Care
Bath & NE Somerset Council V SC & RP (CoP, Swindon Combined Court Centre, DJ Ralton) Nov. 2013.
21st November 2013
The first respondent had substantial care needs. The issue was whether these should be met in residential accommodation provided by the local authority, or in her own home, by her....News:
Kelvin Rutledge appointed Queen's Counsel
27th February 2013
Cornerstone is delighted to announce that Kelvin Rutledge has been appointed Queen's Counsel in this year's competition. Kelvin is a public law specialist focusing primarily on community care, powers and duties....Case: Public Law and Judicial Review, Health and Social Care
R. (on the application of McDonald) v Kensington and Chelsea RLBC [2011] UKSC 33
1st July 2011
See full text of case....Case: Public Law and Judicial Review
LB Hounslow v Powell; Leeds CC v Hall and Birmingham CC v Frisby [2011] UKSC 8
1st January 2011
These cases concern the application of the decision in Manchester CC v Pinnock to the homelessness and introductory tenancy schemes. ....Case: Health and Social Care
R (McDonald) v Royal Borough of Kensington & Chelsea [2011] UKSC 33
1st January 2011
See full text of case....Case: Public Law and Judicial Review, Housing
Lekpo-Bozua v London Borough of Hackney & Ors [2010] EWCA Civ 909
1st January 2010
The Court of Appeal has held that there is no free standing right to reside under Article 18 EC. It held that the permanent right of residence is subject to....News: Public Law and Judicial Review, Housing
Local Authority Support for People from Abroad Conference
3rd December 2009
Bryan McGuire, Ranjit Bhose, Kelvin Rutledge, Sian Davies and Peggy Etiebet spoke at this conference hosted in association with LGG. Chaired by Bryan McGuire, the day was an essential legal update....News:
19th October 2009
2-3 Gray's Inn Square was pleased to host this essential guide to the latest Housing issues faced by Public Autorities.
....News:
Local Authority Support for People from Abroad Conference
3rd December 2008
Bryan McGuire, Ranjit Bhose, Kelvin Rutledge, Sian Davies and Peggy Etiebet spoke at this conference hosted in association with LGG.
....News: Housing, Property
Housing Law Update: the essential guide to all the latest changes
5th July 2007
2-3 Gray's Inn Square was pleased to host this extremely successful seminar that was attended by over 110 delegates, primarily from local Councils.
....Case: Property
Bristol City Council v Hassan & Anor [2006] EWCA Civ 656
1st January 2006
Secure tenancies - suspended possession orders, appropriateness of prescribed form. See full text of case.....Case: Public Law and Judicial Review, Health and Social Care
1st January 2006
Immigration and Asylum - responsibility for residential care costs of local authority in whose area applicant ordinarily resided before she became a person in need of care and attention. See full....Case: Housing
London Borough of Tower Hamlets v Begum [2005] EWCA Civ 340
1st January 2005
Secure tenancies - possession proceedings, human rights, public law defences. Part VII Housing Act 1996 - homeless applicants - test for re-applications following a rejected review application and dismissed appeal. See full....Case: Housing
Mohamed, R (On The Application Of) V London Borough Of Harrow [2005] EWHC 3194 (Admin)
1st January 2005
Homelessness - eligibility, EU15 national, meaning of 'work-seeker', discrimination. Application of Schedule 3 to the Nationality Immigration and Asylum Act 2002 rendering EEA nationals ineligible for accommodation pending review under s.188(3)....Case: Public Law and Judicial Review
London Borough of Islington v University College London Hospital NHS Trust [2005] EWCA Civ 596
1st January 2005
Immigration and Asylum - availability of damages against tortfeasor by social services authority providing residential care to victim. See full text of case....Case: Public Law and Judicial Review
Phillips v Camden London Borough Council [2005] EWCA Civ 1005
1st January 2005
Homelessness - inquiries, second appeals. See full text of case....Case: Housing
Osmani v London Borough of Harrow [2004] UKHL 4
1st January 2004
Homelessness - former asylum-seekers (conjoined appeal), Government's dispersal policy, local connection, meaning of 'own choice'. See full text of case.....Case: Property
Stanley v Ealing [2003] EWCA Civ 679
1st January 2003
Powers and duties of local authorities - house in multiple occupation, conversion of single dwelling into self-contained flats, whether regulations still apply. See full text of case.....Case: Public Law and Judicial Review
Begum v London Borough of Tower Hamlets [2003] UKHL 5
1st January 2003
Housing and Human Rights - homelessness, statutory reviews, compatibility with Art 6. See full text of case....Case: Housing
Ealing v Surdonja & Ors [2000] EWCA Civ 7
1st January 2000
Homelessness - definition of local connection. See full text of case....Case: Public Law and Judicial Review
Structadene Ltd, R (on the application of) v Hackney London Borough Council [2000] EWHC Admin 405
1st January 2000
Powers and duties of local authorities - sale of commercial land, meaning of "disposal". See full text of case....Case: Public Law and Judicial Review
Rogers v London Borough Of Islington [1999] EWCA Civ 2046
1st January 1999
Powers and duties of local authorities - basic definition of house in multiple occupation), CA (breach of copyright, design of social housing estate. ....Case: Housing
Pereira, R (on the application of) v London Borough Of Camden [1998] EWCA Civ 863
1st January 1998
Homelessness - basic definition of "vulnerability". See full text of case....Case: Housing
Royal Borough Of Kingston Upon Thames v Prince & Anor [1998] EWCA Civ 1891
1st January 1998
Secure tenancies - minor's rights of succession to tenancy. ....Case: Property
Morris & Anor, R (on the application of) v London Borough Of Brent [1997] EWCA Civ 1868
1st January 1997
Secure tenancies - demolition of housing estate, tenant consultation. ....Case: Housing
Morris & Anor, R (on the application of) v London Borough Of Brent [1997] EWCA Civ 1868
1st January 1997
Secure tenancies - demolition of housing estate, tenant consultation. ....Case: Housing
O'Rourke v. Mayor Etc of the London Borough of Camden [1997] UKHL 24
1st January 1997
Homelessness - availability of damages for breach of statutory duty. See full text of case....High Court upholds 10 years’ residence requirement to join social housing waiting list
26th July 2018
A condition requiring applicants to demonstrate at least 10 years' continuous residence in-borough before they can qualify to join Hillingdon Council's Housing Register – a condition thought to be the....020 7242 4986 or 0333 240 0591
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