Peggy Etiebet

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Peggy Etiebet’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…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.

Expertise

Health and Social Care
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.
Court of Protection
- Overview
- News
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.
- NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
- A seismic shift in local authorities’ obligations under the Care Act 201420 Mar 2020
Housing
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.
Public Law and Judicial Review
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.
- Cornerstone Win Care Act National Training Tender01 Jan 2018
- Assura Pharmacy Ltd, R (on the application of) v National Health Services Litigation Authority (Family Health Services Appeal Unit) [2008] EWCA Civ 135601 Jan 2018
- NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
- Cornerstone Housing Newsletter – May 201601 Jan 2018
Property
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.
- Public Policy drives Supreme Court’s interpretation of ‘ordinary residence’ in Cornwall case01 Jan 2018

Peggy has excellent advocacy skills and a clear understanding of local authorities' legal responsibilities.
Chambers UK Bar (2024)

She is an articulate and forceful barrister in court, with particular expertise at dealing with complex Court of Protection matters involving mental health.
Legal 500 (2022)

A very committed advocate with considerable experience in heath and welfare cases. She is very pleasant and lovely to work with.
Chambers UK Bar (2022)

An excellent advocate who knows the law inside out and who is a joy to work with.
Legal 500 (2021)

About Peggy

Directory Quotes
- Community Care: “Peggy has excellent advocacy skills and a clear understanding of local authorities’ legal responsibilities.” “Peggy is good and straight to the point.” “She is very knowledgeable.” “Peggy is prompt with her advice and provides a detailed analysis of the issues.” Chambers and Partners 2024
- Court of Protection: Health & Welfare – “Peggy is very committed and hard-working.” “She is assured in court and an experienced Court of Protection practitioner.” “Peggy is very approachable, collaborative and responsive.” Chambers and Partners 2024
- Court of Protection and Community Care – “Peggy has a good understanding of local authority matters. She has good advocacy skills and is very helpful.” Legal 500 2024
- Community Care – “Peggy Etiebet regularly acts for local authorities in a wide range of community care cases including those that concern the Children Act 1989, the Mental Health Act 1983 and the Care Act 2014. She is noted as a good choice for cases involving immigration and asylum issues.” Strengths: “Peggy has excellent advocacy skills.” Chambers and Partners 2023
- Court of Protection: Health & Welfare – “Peggy Etiebet is noted for her expert representation of local authorities in complex health and welfare cases. Her broad practice encompasses cases involving deprivation of liberty, forced marriage and best-interest decisions in relation to care, contact and residence.”
- Court of Protection and Community Care – “She is an articulate and forceful barrister in court, with particular expertise at dealing with complex Court of Protection matters involving mental health.” Legal 500 2023
- Court of Protection: Health & Welfare – “A very committed advocate with considerable experience in heath and welfare cases.” “She is very pleasant and lovely to work with.” Chambers and Partners 2022
- Community Care – “A pleasant opponent with experience in representing local authorities.” “Peggy is prompt with her advice and provides a detailed analysis of the issues.” Chambers and Partners 2022
- Community Care – “She is approachable and really knows her stuff. A safe pair of hands.” “She is measured and fair.” Chambers and Partners 2021
- “An excellent advocate who knows the law inside out and who is a joy to work with.” Legal 500 2021
- “She’s very knowledgeable, provides very strong advice and is a skilled litigator.” “She knows what she’s talking about and has a very good manner with clients.” Chambers and Partners 2020
- “She has a great breadth of experience, predominantly in the local authority arena, and she’s very sensible and brings a holistic approach to cases.” “Particularly knowledgeable about cases involving social care and immigration issues. She really knows her stuff.” Chambers and Partners 2019
Associations
- Social Housing Law Association
- Administrative Law Bar Association
Publications
- Establishing ordinary residence01 Aug 2015
Events