Zoë Whittington

Call: 2009

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Zoë Whittington
Daniel Gatt, Senior Practice Manager

Zoë accepts instructions in all areas of Chambers’ work and is developing a broad practice acting for local authorities, housing associations, individuals and companies.

She has a particular interest in administrative, community care, housing and immigration law.

Prior to coming to the Bar, Zoë spent several years working for a solicitors firm where she had conduct of a range of matters in community care, mental health and mental capacity law. She regularly appeared in the First Tier Tribunal (Mental Health) and is a member of the Law Society’s Mental Health Review Tribunal Accreditation Scheme Panel. Zoë is keen to develop a practice in these areas alongside her broader practice.

Zoë has a busy County Court practice, primarily in housing and general civil matters, and is instructed for substantive hearings as well as for interim applications. She is also developing a Magistrates’ Court practice, acting in licensing cases and prosecuting on behalf of local authorities. She regularly appears in the First-Tier Tribunal (Immigration and Asylum Chamber) and has also appeared in the Crown Court.

During pupillage Zoë was a junior to Mark Lowe QC in a successful planning inquiry regarding green belt land. She gained extensive experience of planning work throughout her pupillage and assisted her supervisors in several planning inquiries and a planning judicial review in the High Court.

In addition to her court work, Zoë undertakes drafting and advisory work in all areas

Zoë read English Literature and Philosophy at the University of Sheffield (First Class) before undertaking the GDL (College of Law) and BVC (Inns of Court School of Law). Zoë was awarded a Lord Denning Scholarship by Lincoln’s Inn for the Bar Vocational Course and was called to the Bar in 2009. Zoë joined Chambers in 2012 following successful completion of her pupillage.

Expertise

  • Health and Social Care

    Zoë advises and acts for local authorities and individuals in all aspects of health and social care work, including mental health and mental capacity. She appears in the Administrative Court, Court of Protection and Mental Health Tribunal and is able to advise and represent clients at all stages including pre-action and urgent interim relief applications in judicial review proceedings.

    Zoë has particular experience and interest in mental health including s.117 aftercare under the Mental Health Act 1983 and regularly advises on s.117 responsibilities and duties. She is also able to advise and represent clients on other issues arising under the Mental Health Act 1983 including, for example, County Court applications for displacement of a nearest relative.

    Examples of Zoë’s recent health and social care work include:

    • An urgent application in the Family Division for a forced marriage protection order and concurrent court of protection proceedings to determine capacity to marry and enter into sexual relations.
    • Advising on a dispute between local authorities as to responsibility for carrying out an assessment and interim provision of services under s.17 Children Act 1989.
    • Advising and representing in a Court of Protection case regarding safeguarding allegations.
    • Advising and representing the respondent in a claim for damages for breaches of human rights arising out of an unauthorised deprivation of liberty.
    • Advising in relation to care charges including capital disregards under the Care Act 2014 and the recovery of debt for care contributions.
    • Drafting grounds and advising in a number of judicial reviews of age assessments.
    • Representing a local authority in the Administrative Court on an interim relief application made in a claim for accommodation and support under s.17 Children Act 1989 in which it was suggested that the Secretary of State should provide asylum support under s.95 Immigration Act 1999.
    • Acting for a local authority in a claim for judicial review of their purported decision to withdraw services provided under s.2 Chronically Sick and Disabled Persons Act 1970.
    • Advising the father of a patient detained under the Mental Health Act 1983 as to whether he could be considered to be her nearest relative under the Act and, if so, the prospects of success of an application to displace the present nearest relative.

    Zoë was recently seconded to the adult social care team of a local authority’s legal department. This involved advising on the full range of adult social care including ordinary residence, s.117 services, mental capacity (including deprivation of liberty and best interest decisions), charging for residential and non-residential services, delayed discharges, NHS continuing care, funding disputes with other local authorities and clinical commissioning groups, transition from children to adult services, leaving care services, powers and duties in relation to persons from abroad, safeguarding. This work spanned across all adult social care services (including physical disabilities, community mental health and learning disabilities) and involved dealing with cases at all stages from an initial approach by an individual seeking services to those where proceedings (e.g. in the Court of Protection) were progressing.

    Prior to the Bar, Zoë spent several years working for a solicitors firm where she specialised in community care, mental health and mental capacity law. She advised and represented clients in relation to a range of issues including the legality of community care assessments under s.47 NHS and Community Care Act 1990, service provision decisions, leaving care provisions, applications to displace nearest relatives, lasting powers of attorney and specialist housing provision for persons with disabilities. She regularly appeared in the First Tier Tribunal (Mental Health) and was an accredited member of the Law Society’s Mental Health Review Tribunal Accreditation Scheme Panel. She gained particular experience in the rights of carers, as well as community care for persons with autistic spectrum disorders, and completed the National Autistic Society SPELL training course on working with people with autism. Zoë is experienced in working directly with lay clients who have mental health problems (including those who are acutely unwell) as well as people with learning difficulties, autistic spectrum disorders or behavioural problems.

    Zoë is also a trustee for a service user led mental health charity in south east London.

  • Court of Protection

    Zoë specialises in all aspects of health and social care law and has considerable experience in the mental capacity jurisdiction. She advises or the full range of capacity law, including best interests and deprivations of liberty, and regularly appears in the Court of Protection. Her mental capacity practice is complemented by her expertise in community care, mental health and housing law and she is regularly instructed in matters where there is interplay between these different areas. She accepts instructions from all parties including local authorities, health and social care providers and family members.

    Some recent examples of Zoë’s work in this area include:

    • An application to authorise a deprivation of liberty in circumstances where P had been moved to a residential placement in consequence of safeguarding allegations, including allegations of sexual abuse.
    • An urgent application in the Family Division for a forced marriage protection order and concurrent CoP proceedings to determine P’s capacity to marry and enter into sexual relations.
    • A claim for damages in the County Court for breaches of human rights arising out of an unauthorised deprivation of liberty.
    • A DoLS case in which the issue of responsibility for monitoring compliance with conditions in a standard authorisation was considered.
    • A contested application for deputyship where disputes had arisen amongst family members as to the management of P’s property and financial affairs.

    Prior to the Bar, Zoë spent several years working for a solicitors firm where she specialised in community care, mental health and capacity law. She advised and represented service users and family members in relation to a range of community care and CoP cases at the pre-action stage as well as advising on and drafting lasting powers of attorney. She regularly appeared in the First Tier Tribunal (Mental Health) and was an accredited member of the Law Society’s Mental Health Review Tribunal Accreditation Scheme Panel. She gained particular experience in the rights of carers, as well as community care for persons with autistic spectrum disorders, and completed the National Autistic Society SPELL training course on working with people with autism.

    Zoë is experienced of working directly with lay clients who have mental health problems (including those who are acutely unwell) as well as people with learning difficulties, autistic spectrum disorders or behavioural problems and their family members.

  • Housing

    During her pupillage Zoë gained experience across the full range of housing law including possession claims, homelessness, disrepair, anti-social behaviour injunctions, closure orders, and trespass.

    She regularly appears in possession claims, applications to suspend warrants, and gas access injunction applications. She has also dealt with breach of ASBI committal hearings.

    Zoë previously worked for a solicitors firm where she conducted some housing work alongside her community care and mental health practice, specifically dealing with homelessness appeals where there was a mental health issue.

    Zoë accepts instructions for advisory work and has recently advised in relation to a tied-agricultural tenancy and the provisions under the Rent (Agricultural) Act 1976 and Housing Act 1988.

    Zoë is happy to act for both landlords and tenants.

  • Public Law and Judicial Review

    Zoë has a particular interest in this area of law. She has particular experience of public law and ECHR issues in the areas of community care, immigration and asylum and housing and she is keen to develop her practice in this area.

    Zoë advises and acts for local authorities on a wide range of matters and throughout many of her practice areas.

    Zoë has recently spent several weeks assisting a local authority with a large disclosure request made under the Data Protection Act 1998 and she is familiar with the provisions of that Act as well as the Freedom of Information Act 2000.

    Zoë regularly prosecutes on behalf of local authorities in matters under the Education Act 2006. Prior to coming to the Bar, Zoë worked as a community care paralegal and her work included cases which involved SEN issues. She has a particular interest in local government education and welfare services.

    Immigration and Asylum
    Zoë has appeared regularly in the First Tier Tribunal (Immigration and Asylum Chamber) where she has acted in range of appeals: asylum appeals (including issues relating to unaccompanied asylum seeking children), entry clearance for spouses and other dependents, points-based system migrants, EEC cases and appeals under Article 8 ECHR.

    In Zoë’s former work as a community care paralegal she dealt with issues relating to community care for persons subject to immigration control.

    Zoë has a particular interest in this work and is keen to develop her practice in this area.