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Philip Kolvin

Peggy Etiebet

Called
2001
Telephone
020 7242 4986
CV
Email

Peggy's strong practice in Social Housing is complemented by her expertise in the Administrative Court, principally for Community Care, and the Court of Protection.

Peggy has been ranked in Social Housing in Chambers and Partners continuously since 2009 and has been described as "extremely impressive...

Peggy has been ranked in Social Housing in Chambers and Partners continuously since 2009 and has been described as "extremely impressive...extremely popular with clients...commended for her "no-nonsense" approach and clear guidance, particularly on homelessness cases and anti-social behaviour cases" with a "willingness to go the extra mile for the client".

Peggy's strong practice in Social Housing is complemented by her expertise in the Administrative Court, principally for Community Care, and the Court of Protection. She is well known for her work involving the scope of local authorities' duties to unaccompanied asylum seeking minors in particular with regard to age assessment. She is regularly instructed by local authorities in a wide range of areas including homelessness, landlord and tenant, adult and children services, residence, care and DOLS relating to those who lack capacity, cuts to services, benefits, local authority obligations to non-UK citizens (including EU citizens) and the scope of public sector equality duties.

Peggy also has a thriving practice in property law - instructed by both local authorities and landlords in property and service charge disputes.

Overview

Peggy is joint head of Cornerstone's Health and Social Care Team. She is an experienced social care practitioner, advising and representing local authorities in all aspects of social care work undertaken by adult social services, children's services and housing departments. Her work has included:

Adult social services: public law challenges to individual needs assessments and care plans; duties under the Equality and Human Rights Acts; consultation requirements when reviewing or reducing charges for services; closing or reducing services; ordinary residence disputes; reviewing eligibility criteria; recovery of local authority charges for accommodation; interrelation with the NHS and disputes with NHS over continuing care and safe guarding.

Children's services: public law challenges to powers/duties owed under sections 17 and 20 and the leaving care provisions; interrelation between Children's Act and the housing legislation; interrelation between Children's Act and adult social care; age assessments, disputes between local authorities on responsibility; ordinary residence; disputes on release from custody; support for families; fostering, residence orders and special guardianship allowances.

Support for persons from abroad: public law challenges to section 21 NAA; effect of human and community treaty rights; interrelation with immigration legislation.

Mental capacity: capacity; best interests; forced marriage; deprivation of liberty.

Mental health: section 117 residence disputes; mental health services; interrelation with NHS duties/powers.

Care Act 2014: Peggy has given advice and held training workshops at local authorities for their legal departments, heads of service and front line workers on the Care Act including on assessing, charging and the consultation and equality implications and ordinary residence.

Cases

Cornerstone Win Care Act National Training Tender
11.02.2015
Cornerstone is delighted to announce that it has been has been asked by the Local Government Association to provide its national training to adult social care solicitors on Part 1....

Peggy Etiebet returns to Cornerstone Barristers
18.08.2014
Cornerstone Barristers are delighted that Peggy is returning to full-time practice after her sabbatical to play water polo with the Great Britain Water Polo team. Called up by the national team....

Local Authorities Win Age Assessment Litigation
09.06.2009

Local Authorities Win Age Assessment Litigation
Tuesday, June 09, 2009

R(A) v Croydon LBC & R(WK) v SSHD & Kent CC [2009] EWHC 939 (Admin)

....

No short cut – Liverpool City Council v Hillingdon LBC
13.02.2009
This case was heard in the Court of Appeal on 10 February 2009. The judgement was that a social services department cannot simply ascertain a child's wish to be in the....

Man or boy? Precedent Fact and Human Rights
19.12.2008
The Court of Appeal has dismissed the appeals brought against two local authorities. The judgment is important in limiting the ability of claimants to challenge certain social welfare decisions made....

Age assessments: 'oppressive legalism should be avoided'
28.06.2008
M & Anor, R (on the application of) v London Borough of Lambeth & Ors [2008] EWHC 1364 (Admin) These cases raised a fundamental question whether a Local Authority's age assessment....

European nationals: the new housing eligibility test
01.01.2007

European nationals: the new housing eligibility test
Monday, January 01, 2007

....

News

LexisNexis - Local authorities’ obligations to unaccompanied child asylum seekers (KA and another v London Borough of Croydon)
14.08.2017
Peggy Etiebet looks at the judgment in KA and another v London Borough of Croydon and considers the vexed question of when a local authority is entitled to cease support under....

Lexis PSL: Establishing ordinary residence
04.08.2015

Peggy Etiebet has written an article 

....

Events

Ordinary Residence and Section 117 Aftercare
24.03.2017

1
Peggy Etiebet, Joint Head of the Cornerstone Health & Social Care Team, is hosting a morning seminar aimed at enabling local authorities to decide whether any individual is ordinarily resident....

UASCs, Care Leavers and the Impact of the Immigration Act 2016
01.11.2016

1
With the introduction of the Immigration Act 2016, it is more vital than ever that every local authority is aware of their duties to Unaccompanied Asylum Seeking Children who become....

Overview

Peggy has extensive experience in making and resisting applications in the Court of Protection. She is adept at guiding local authorities through complex, sensitive and strongly disputed applications regarding:

  • capacity to consent to sexual relations, marriage, contraception and the giving or withdrawal of medical decisions;
  • best interests decisions relating to care, residence, contact, and daily life including alcohol consumption and access to pornography;
  • matters where there have been allegations of sexual and/or physical abuse by family members;
  • deprivation of liberty;
  • forced marriage;
  • injunctions to remove of vulnerable people from their homes or prevent their family members returning them;
  • financial affairs and deputy ships; and
  • personal injury trusts.

Peggy's acknowledged expertise in community care and housing means that she is able to advise local authorities on the interplay between their Mental Capacity Act, community care, housing and mental health duties as well as regarding the High Court's inherent jurisdiction to vulnerable people.

Overview

Peggy has been highly rated in Chambers & Partners since 2007 for her work in social housing. Interviewers have said she is "committed, dynamic and keen" and admired for her "willingness to go the extra mile for the client."

She has advised and represented a wide range of local authority, registered social landlords and private clients at all levels from the County Court to the Court of Appeal, in s. 204 Housing Act appeals, anti-social behaviour possession claims and injunctions, other possession claims including succession, only or principle home cases and rent arrears, housing disrepair, committal proceedings and right to buy claims. She has also advised on more strategic issues including local letting polices, allocation schemes and the powers of TMOs.

She has experience of alternative dispute resolution e.g. the use of mediation by local authorities in disrepair and neighbour nuisance claims. She has a particular interest in the eligibility of EEA applicants, which necessitates an in depth knowledge of EC law, and the eligibility of those with irregular immigration status to Part VI and VII advice and assistance.

She has significant experience of lecturing and devising and running workgroups including role plays on a variety of housing issues including the eligibility of EEA nationals, how to draft a challenge proof s. 202 review letter, how to deal with anti-social behaviour and obtaining possession orders. She has also written various articles on housing related issues including eligibility.

Cases

Public Policy drives Supreme Court's interpretation of 'ordinary residence' in Cornwall case
08.07.2015

Peggy Etiebet considers the latest case on the vexed question of ordinary residence

....

Peggy Etiebet returns to Cornerstone Barristers
18.08.2014
Cornerstone Barristers are delighted that Peggy is returning to full-time practice after her sabbatical to play water polo with the Great Britain Water Polo team. Called up by the national team....

Primacy to be given to section 20 of the Children Act 1989
21.06.2009
Appeal allowed in the House of Lords in G v Southwark LBC If a child of 16 or 17 who has been thrown out of the family home presents himself to....

European nationals: the new housing eligibility test
01.01.2007

European nationals: the new housing eligibility test
Monday, January 01, 2007

....

News

Cornerstone Housing Newsletter May 2017
04.05.2017
The Cornerstone Housing Newsletter includes...

  • The Editor Speaks - Andy Lane
  • The Homelessness Reduction Act 2017: opportunities, challenges - Matt Lewin
  • Contracting  out Homelessness decisions - Peggy Etiebet
  • Funding for Supported Housing: Lost between the....

  • Cornerstone Housing Newsletter - February 2017
    06.02.2017
    The Editor Speaks - Andy Lane   The Housing and Planning Act 2016 Update - Tara O'Leary Homelessness Reduction Bill update 2016/17 - Matt Lewin Neighbourhood Planning Bill 2016/17 - Liam Wells Recent Housing....

    Cornerstone Housing Newsletter - May 2016
    04.05.2016
    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....

    Lexis PSL: Establishing ordinary residence
    04.08.2015

    Peggy Etiebet has written an article 

    ....

    Housing Newsletter October 2014
    17.10.2014
    Please click here to see our latest housing newsletter.....

    Local Authority Support for People from Abroad Conference
    03.12.2009
    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....

    Housing Law Update: the essential guide to all the latest changes
    05.07.2007

    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.

    ....

    Events

    Tackling tenancy fraud: the law and practice of sub-letting and non-occupation claims
    25.04.2017

    1
    This seminar is aimed at social landlords and their representatives and will consider the legal and practical issues to which sub-letting or parting with possession of social housing give rise. ....

    Overview

    Peggy has extensive experience in judicial review and advises and represents local authority, private clients and individuals regularly in the Administrative Court. Her practice encompasses a wide range of issues including matters of statutory interpretation, challenges to local authority decisions on support pursuant to the Children Act, National Assistance Act and Human Rights Act, age assessments, education (including special educational needs and transport issues) and planning appeals.Peggy is experienced in obtaining and resisting urgent and out of hours injunctions in the High Court. She has extensive experience in lecturing and leading workshops on judicial review in particular how to make judicial review proof decisions.

    Notable cases include:

    • R (on the application of Assura Pharmacy Ltd) v National Health Service Litigation Authority (Family Health Services Appeal Unit) [2008] EWHC 289 (Admin) – This case challenged the interpretation by the NHS Litigation Authority of the NHS (Pharmaceutical Services) Regulations 2005.
    • R (on the application of the Southwark Law Centre) v Legal Services Commission; R (on the application of Dennis) v Legal Services Commission [2007] EWHC 1715 (Admin), [2007] 4 All ER 754 - This case challenged the LSC's interpretation of the Community Legal Service (Financial) Regulations 2000 and resulted in a more generous interpretation of means for individuals.

    Peggy's practice is primarily a local government and public law one and she has advised and represented local authority clients at County Court, High Court, Administrative Court and the Court of Appeal in a range of areas including housing, property, community care and planning law.

    She also does a significant amount of advisory work on a more strategic basis. For example she has given advice and guidance to local authorities on how to undertake human rights assessments, their allocation polices and local letting policies or advice on issues that feed into policy decisions for example on the Freedom Pass Scheme and NASS's interim scheme project.

    She has also advised on a range of individual issues e.g. local elections, taxi licensing, and commercial contracts that local authorities have entered into and claims for debt (residential accommodation cases).More generally she has obtained anti-social behaviour orders for local authorities, and undertaken health and safety and food safety prosecutions in the Magistrates and Crown courts.

    Cases

    Cornerstone Win Care Act National Training Tender
    11.02.2015
    Cornerstone is delighted to announce that it has been has been asked by the Local Government Association to provide its national training to adult social care solicitors on Part 1....

    News

    Cornerstone Housing Newsletter - May 2016
    04.05.2016
    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....

    Local Authority Support for People from Abroad Conference
    03.12.2009
    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....

    Overview

    Peggy has advised and represented local authority and private landlord and tenant clients, including before the Leasehold Valuation Tribunal and Lands Tribunal, on matters including adverse possession, service charges, interpretation of leases and restrictive covenants.

    Cases include:· In the matter of Rowner Estates Ltd (2007) – Lands Tribunal case on the variation of service charges.

    Cases

    Public Policy drives Supreme Court's interpretation of 'ordinary residence' in Cornwall case
    08.07.2015

    Peggy Etiebet considers the latest case on the vexed question of ordinary residence

    ....

    News

    Cornerstone Housing Newsletter - February 2017
    06.02.2017
    The Editor Speaks - Andy Lane   The Housing and Planning Act 2016 Update - Tara O'Leary Homelessness Reduction Bill update 2016/17 - Matt Lewin Neighbourhood Planning Bill 2016/17 - Liam Wells Recent Housing....

    Housing Law Update: the essential guide to all the latest changes
    05.07.2007

    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.

    ....

    Public Sector Housing Conference - CLT
    18.01.2007

    Three members of Chambers spoke at this well-attended conference:

    Wayne Beglan, Peggy Etiebet and Jon Holbrook.

    ....

    Lexis PSL - Establishing ordinary residence

    4th August 2015

    Peggy Etiebet has written an article on the judgement in R (on the application of Cornwall Council) v Secretary of State for Health and others and how the courts determine the ordinary residence of a person without the capacity to make a decision

    Click here to read the full article.

    Anti-Social Behaviour and Mental Capacity Assessments – Practical Questions Answered

    15th October 2014

    Peggy discusses the question of mental capacity assessments in Mental Health.

    Click here to read more.

    • Social Housing Law Association
    • Administrative Law Bar Association

    News

    LexisNexis - Local authorities’ obligations to unaccompanied child asylum seekers (KA and another v London Borough of Croydon)

    14th August 2017

    Peggy Etiebet looks at the judgment in KA and another v London Borough of Croydon and considers the vexed question of when a local authority is entitled to cease support under....

    News

    Cornerstone Housing Newsletter May 2017

    4th May 2017

    The Cornerstone Housing Newsletter includes...
  • The Editor Speaks - Andy Lane
  • The Homelessness Reduction Act 2017: opportunities, challenges - Matt Lewin
  • Contracting  out Homelessness decisions - Peggy Etiebet
  • Funding for Supported Housing: Lost between the....

  • News

    Cornerstone Housing Newsletter - February 2017

    6th February 2017

    The Editor Speaks - Andy Lane   The Housing and Planning Act 2016 Update - Tara O'Leary Homelessness Reduction Bill update 2016/17 - Matt Lewin Neighbourhood Planning Bill 2016/17 - Liam Wells Recent Housing....

    News

    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

    Lexis PSL: Establishing ordinary residence

    4th August 2015

    Peggy Etiebet has written an article 

    ....

    Case

    Public Policy drives Supreme Court's interpretation of 'ordinary residence' in Cornwall case

    8th July 2015

    Peggy Etiebet considers the latest case on the vexed question of ordinary residence

    ....

    Case

    Cornerstone Win Care Act National Training Tender

    11th February 2015

    Cornerstone is delighted to announce that it has been has been asked by the Local Government Association to provide its national training to adult social care solicitors on Part 1....

    News

    Housing Newsletter October 2014

    17th October 2014

    Please click here to see our latest housing newsletter.....

    Case

    Peggy Etiebet returns to Cornerstone Barristers

    18th August 2014

    Cornerstone Barristers are delighted that Peggy is returning to full-time practice after her sabbatical to play water polo with the Great Britain Water Polo team. Called up by the national team....

    News

    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....

    Case

    Primacy to be given to section 20 of the Children Act 1989

    21st June 2009

    Appeal allowed in the House of Lords in G v Southwark LBC If a child of 16 or 17 who has been thrown out of the family home presents himself to....

    Case

    Local Authorities Win Age Assessment Litigation

    9th June 2009

    Local Authorities Win Age Assessment Litigation
    Tuesday, June 09, 2009

    R(A) v Croydon LBC & R(WK) v SSHD & Kent CC [2009] EWHC 939 (Admin)

    ....

    Case

    No short cut – Liverpool City Council v Hillingdon LBC

    13th February 2009

    This case was heard in the Court of Appeal on 10 February 2009. The judgement was that a social services department cannot simply ascertain a child's wish to be in the....

    Case

    Man or boy? Precedent Fact and Human Rights

    19th December 2008

    The Court of Appeal has dismissed the appeals brought against two local authorities. The judgment is important in limiting the ability of claimants to challenge certain social welfare decisions made....

    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.

    ....

    Case

    Age assessments: 'oppressive legalism should be avoided'

    28th June 2008

    M & Anor, R (on the application of) v London Borough of Lambeth & Ors [2008] EWHC 1364 (Admin) These cases raised a fundamental question whether a Local Authority's age assessment....

    News

    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.

    ....

    News

    Public Sector Housing Conference - CLT

    18th January 2007

    Three members of Chambers spoke at this well-attended conference:

    Wayne Beglan, Peggy Etiebet and Jon Holbrook.

    ....

    Case

    European nationals: the new housing eligibility test

    1st January 2007

    European nationals: the new housing eligibility test
    Monday, January 01, 2007

    ....

    Case

    In the matter of Rowner Estates Ltd (2007)

    1st January 2007

    ....

    EVENT

    Tackling tenancy fraud: the law and practice of sub-letting and non-occupation claims

    25th April 2017

    1

    This seminar is aimed at social landlords and their representatives and will consider the legal and practical issues to which sub-letting or parting with possession of social housing give rise. ....

    EVENT

    Ordinary Residence and Section 117 Aftercare

    24th March 2017

    1

    Peggy Etiebet, Joint Head of the Cornerstone Health & Social Care Team, is hosting a morning seminar aimed at enabling local authorities to decide whether any individual is ordinarily resident....

    EVENT

    UASCs, Care Leavers and the Impact of the Immigration Act 2016

    1st November 2016

    1

    With the introduction of the Immigration Act 2016, it is more vital than ever that every local authority is aware of their duties to Unaccompanied Asylum Seeking Children who become....