Alison Meacher

Introduction & Contact details

Alison was called to the Bar by Lincoln’s Inn in 1998 and took up a tenancy at Hardwicke in 2002 after completing her pupillage at a specialist housing and local government set.

Alison is a public law barrister. Her practice covers all aspects of Housing Management and Policy, Regeneration, Contracting by and with Local Authorities, Social Welfare, Human Rights, the provision of Adult Social Care, Best Interest decisions for adults who lack capacity, DOLS authorisations, appointment and revocation of welfare and financial deputies. Her practice also covers all aspects of Residential Landlord and Tenant, Real Property, Trusts and Estate Management.

She is regularly instructed by private individuals, local authorities and a wide range of other organisations such as social housing providers, care and support providers, charities and voluntary organisations for the purposes of general advisory work, including policy development and lawful decision making.

Alison has significant advocacy experience in the High Court, Appellate Courts, Tribunal Service (First and Second Tier) and the Leasehold Valuation Tribunal. Alison also has experience of mediation as an alternative method of dispute resolution in public and private law matters.  

Qualifications

• LL.B (Joint Hons Law/Politics)
• J.P. Warner Scholar (2000)(Lincoln’s Inn)
• Sarah Wadham Bursary (1999) (Lincoln’s Inn)  

Professional Associations

• Administrative Law Bar Association (ALBA)
• Bar European Group (BEG)
• Human Rights lawyers Association (HRLA)
• Property Law Bar Association (PBA)
• Social Security Practitioners Association (SSLawPA)

T:   020 7242 2523 (switchboard)
F:   020 7691 1234
E:   alison.meacher@hardwicke.co.uk

Public Law

Central & Local Government

Alison is frequently instructed to advise local government and other public bodies on the drafting and application of policy, particularly in the fields of housing management and Regeneration. She also advises regularly on private law contract disputes between local authorities and other public bodies and care providers.

Alison has recently been led in the Court of Appeal by Nigel Jones QC in a contractual dispute between a local authority and a housing provider arising from a Large Stock Voluntary Transfer (LSVT) of housing stock, in a claim for rectification or a term of a contract worth £2.4million (successfully defended in the first instance). Judgment of the Court of Appeal is currently pending.

Reported Cases:

Daventry District Council v Daventry & District Housing Ltd [2011] EWCA 1153 – a term of a contract which provided for the Claimant to pay a £2.4million pension deficit to the pension provider on transfer of housing stock to the Defendant could not be rectified on grounds of common or unilateral mistake.

Community Care

Alison has a thriving adult social care practice, and has particular expertise on the provision of services under s.117 MHA 1983 and s.21 NAA 1948, and its interaction with the provision of housing and welfare benefits. Alison also has specialist knowledge in the Supporting People Programme.

Alison is regularly instructed by local authorities and housing associations to advise on the provision of care and support, tenancy issues arising from supported living arrangements, transferring tenants to more suitable accommodation and in some cases the most effective and compassionate way to obtain possession of properties occupied by vulnerable adults or to limit the impact of unusual behaviour on the neighbours and local community.

Alison is also instructed by family members concerned about access to services, delay in assessment and provision of support plans,  the level of support provided in support plans or challenging cuts to services, direct payments, resource allocation systems, and is able to provide advice on all available remedies including judicial review, applications to the Court of Protection regarding welfare decisions, mediation, the community care complaints procedure and complaints to the Ombudsman.

Reported Cases

R (Ali and Others) v Birmingham City Council, [2002] EWHC 1511, [2002] HLR 51, QBD: Duty of local authority to a migrant EU national with a young family under s.21 National Assistance Act 1948, s.17 Children Act and the Human Rights Act 1998. [Alison was Junior Counsel].

Judicial Review

Alison has a wide ranging judicial review practice, with a particular expertise in social welfare law, and appeals to the Upper tribunal (Administrative Appeals Chamber). The majority of Alison’s practice to date has been advisory, in particular, advising local authorities on receipt of the initial letter of claim, or how to draft lawful policies, or make lawful decisions so as to avoid judicial review proceedings.

She is available at short notice to make emergency out of hour’s applications for interim relief.

Reported case:

R (on the application of O) v London Borough of Newham Letting Agency [2010] EWHC 368 (Admin) (Lord Carlisle of Berriew QC) - please see section on welfare benefits for details of cases before the AAC

Human Rights

Alison’s cases regularly concern the application of international human rights treaties in domestic law, such as the ECHR, and the EU Charter of Fundamental Rights. One of her recent cases in the Court of Protection concerned a clear breach of Article 5 of the Convention (deprivation of liberty of a vulnerable adult by a local authority).

The core of Alison’s human rights expertise stems from her experience prior to practice as a Judicial Assistant at The International Tribunal of the Former Yugoslavia in The Hague, Netherlands and a Volunteer Case Worker at the AIRE Centre where she was responsible for providing advisory work in all areas of European Law, in particular free movement and access to welfare benefits, and the European Convention of Human Rights.

EU Law

The core of Alison’s EU law expertise stems from her experience prior to pupillage, having worked as a research assistant in the Brussels Annexe of the Corporate Department of Taylor Wessing. Alison also completed a Stage at the European Court of Justice in Luxembourg, as a J.P. Warner Scholar of the Honourable Society of Lincolns’ Inn, and a Stage of the Council of the European Union in Brussels.

Reported Cases

R (Ali and Others) v Birmingham City Council, [2002] EWHC 1511, [2002] HLR 51, QBD: Duty of local authority to a migrant EU national with a young family under s.21 National Assistance Act 1948, s.17 Children Act and the Human Rights Act 1998. [Alison was Junior Counsel].

Discrimination

Alison regularly advises on the application of the Equality Act 2010 and Article 14 of the ECHR in the fields of social housing, adult social services and welfare benefits. Significant instructions in the discrimination field include advising the parents with joint responsibility for children and access to income support and JSA.  Alison has also been instructed in many cases of possession where the tenant is ‘disabled’ for the purposes of this and previous legislation.

Benefits & Social Welfare

Alison is frequently instructed by local authorities and private clients to advise on benefit entitlement.  Alison’s cases regularly concern points of law not previously litigated and she has been instructed in a number of cases which have become test cases.  Alison is well versed in dealing with the challenges posed by appeals that concern multiple claimants.

She regularly advises private clients as regards wealth management for vulnerable family members and the impact of Discretionary Trusts, and challenging adverse decisions made by the DWP or Local Authorities.

Alison has been involved in cases concerning:

• Whether accommodation is “exempt accommodation” (the “Turnbull Decision”)
• Whether there has been an overpayment
• Whether an overpayment is recoverable
• Whether an occupier has liability to pay rent
• Whether an occupier of property held on discretionary trust is entitled to housing benefit
• Whether property owned by an applicant amounts to capital
• Non-commercial tenancies, contrivance and other abuse of the housing benefit scheme
• Payment on two homes, temporary absence and normal residency
• Civil recovery of overpayments.

Reported Cases

048/06/00593 – Whether accommodation was sheltered accommodation, such that charges for heating communal areas were eligible for housing benefit (First Tier Decision of CH/0322/2010 - JB v Oxford City Council and Secretary of State for Work and Pensions (HB) [2011] UKUT 136 (AAC) http://www.osscsc.gov.uk/Aspx/view.aspx?id=3234)

CH/1246 and 1247/2007 (Interim Decision) - Whether accommodation is "exempt accommodation" for the purpose of the 1995 Regulations if support is provided to the tenant by a third party who acts on behalf of the landlord in some other respect (but not in providing support). http://www.osscsc.gov.uk/judgmentfiles/j2511/CH%20779%202007%20amended.doc
 
CH/4085/2007 – Whether a partner’s failure to attend an interview in connection with an application for a national insurance number justified refusal of housing benefit. http://www.osscsc.gov.uk/judgmentfiles/j2561/CH%204085%202007-00.doc

CH/136/2007 – Whether, when deciding that a liability to pay rent had been created to take advantage of the benefit system, the local authority was entitled to look at the viability of the whole project or each individual claimant. www.osscsc.gov.uk/judgmentfiles/j2241/CH%200136%202007-00.doc

CH/3282/2006 – Whether the Appellant was to be treated as not liable to make payments by reason of regulation 7 of the Housing Benefit (General) Regulations 1997 because the agreement was not on a commercial basis.
http://www.osscsc.gov.uk/judgmentfiles/j2511/CH%20779%202007%20amended.doc

Interesting unreported cases

Smith v Secretary of State for Work and Pensions (Court of Appeal, 2007, application for permission) – Whether an illiterate appellant acting in person had a fair trial of an appeal against a decision, where the Commissioner had refused an oral hearing of his appeal. [Alison was instructed in this case on referral from the Bar Pro Bono Unit]

Paramount Housing Association v Taylor (Oxford CC, 2006) – Claim for recovery of rent arrears – Whether regulation 93(2) of the Housing Benefit (General) Regulations 1997 is ultra vires.

CH/705/2005 - Whether the principle of res judicata applied to the Tribunal’s decision and whether its decision bound the County Court in a subsequent claim for possession. (Linked to Mayor and Burgesses of LB Waltham Forest v Roberts [2004]

 HLR 21, CA – see below)

CH/2124/2004 – Whether a property in Scotland (held as a tenant in common with one other) is capital for the purposes of housing benefit.

Allocations & Homelessness

Alison has experience of all aspects of allocations. She regularly advises local authorities and housing providers as to the lawfulness of their allocation policies.  She has a good working knowledge of the lawfulness and application of Choice Based Letting Schemes.

Alison is particularly interested in the application of the Government’s policy to reduce the priority of victims of domestic violence seeking to transfer to alternative accommodation on the basis that previous rent arrears make them unsuitable as a tenant (s.167(2)A) Housing Act 1996).  She regularly provides seminars on these topics and is interested in any case in which these circumstances arise.

Reported Cases

R (on the application of O) v London Borough of Newham Letting Agency [2010] EWHC 368 (Admin) (Lord Carlisle of Berriew QC)

Court of Protection

Alison has a busy Court of Protection practice, primarily in the High Court.  She is regularly instructed by local authorities and individuals (including on behalf of the Official Solicitor) in proceedings under the Mental Capacity Act 2005 and the inherent jurisdiction of the High Court. She regularly advises as to whether a person’s liberty has been restricted or deprived for the purposes of Article 5 ECHR.

Alison's work covers:

• Capacity determinations such as the capacity to contract or litigate
• Best Interest decisions in relation to various matters including contact with other family members, and capacity to decide where to reside
• Whether a person’s liberty has been restricted in accordance with the procedures prescribed by law (DOLS/COP application)
• The appointment and revocation of welfare and property deputies

Significant instructions:

• Settled a dispute on behalf of an individual who lacked capacity (instructed on behalf of the Official Solicitor) in circumstances where the individual’s cousin challenged the accommodation, care and support plan provided by a local authority
• Successfully represented a local authority appointed as a Financial Deputy for a tenant, in a family dispute regarding a tenant’s Best Interests, including residence and contact
• Successfully represented a mother of an adult son unlawfully deprived of his liberty contrary to Article 5, in which new supporting living accommodation was and contact negotiated without the need for a lengthy trial

Property & Private Client

Inheritance & Probate

Alison has the skills and knowledge to handle the full range of inheritance and probate work including challenges to the validity of wills on the grounds of defective execution, lack of capacity and/or undue influence, to disputes relating to the construction of wills and trusts and the proper administration of estates.

Land & Real Property

Alison has experience of many aspects of property law, including

• disputed boundaries and adverse possession
• co-ownership, trusts and beneficial interests
• interpretation of trusts and settlements
• legal and equitable charges, and
• mortgages (including possession proceedings).

Landlord and Tenant (Residential)

Alison is able to advise on all aspects of residential landlord and tenant law, including

• type of tenure
• rent increases
• the service of s.8 and s.21 notices and notices to quit
• bringing and defending possession proceedings, including accelerated possession and forfeiture proceedings
• claims for unlawful eviction (including emergency injunctions to regain access)
• protection from harassment injunctions
• injunctions to enforce access and other covenants
• service of s.146 notices
• disputed service charges, and
• the recovery of unpaid service charges.

Trusts

Alison is regularly instructed to advise on the interpretation of trusts and settlements, as well as the impact of inheritance tax planning on beneficiaries, especially their entitlement to welfare benefits and means testing for community care services.  Alison also has experience in the Court of Protection matters and the appointment of financial deputies.

Significant instructions:

• Challenging an adverse decision regarding entitlement to housing benefit and recovery of an overpayment where the tenant and off-spring were specified as a potential beneficiaries of a  Discretionary Trust and property is the only asset in the trust
• Advising family members how to carry out the informal wishes of deceased parents in circumstances where intended beneficiary is entitled to housing benefits
• Representing and advising a local authority in the defence of its decision that a person who is a trustee is also an owner for the purposes of housing benefit entitlement.

Trusts of Land

Alison is able to advise individuals on all aspects of co-ownership, trusts and beneficial interests.

Significant instructions:

• Advising a local authority whether a resident of a care home was the sole legal and beneficial owner of a property
• Acting in a claim where a builder who carried out significant works to a property having been promised an interest in the property in lieu of payment.

Social Housing

Alison’s Social Housing practice includes

• large scale decants for Regeneration projects
• installation of CCTV
• succession
• rent increases
• transfer of rights on stock transfer
• the right to buy
• shared ownership
• Data Protection
• disrepair
• the Decent Homes strategy
• temporary decants for the purposes of repairs
• emergency decants in case of fire and flood
• possession proceedings including compliance with the pre-action protocol for
• rent arrears and public law defences,
• anti-social behaviour injunctions (with and without notice), applications for
• committal for breach of injunctions,
  undertakings, and
• enforcement of other terms and conditions of the tenancy agreement. 

Alison also advises social housing providers and private clients on housing management issues including the lawful application of policies including letting and decant policies and compliance with public law principles in decision-making. 
 
Reported Cases

Daventry District Council v Daventry & District Housing Ltd [2011] EWCA 1153  – a term of a contract which provided for the Claimant to pay a £2.4million pension deficit to the pension provider on transfer of housing stock to the Defendant  could not be rectified on grounds of common or unilateral mistake.

Mayor and Burgesses of LB Lambeth v Vandra [2005] EWCA 1801, [2006] HLR 19, CA: Claim for possession – Subletting of the whole – evidence – inference of fact.
 
Mayor and Burgesses of LB Waltham Forest v Roberts [2004] EWCA 940, [2005] HLR 21, CA: Claim for possession – obtaining a tenancy by deception – materiality of inducement – rent arrears – entitlement to housing benefit
 
R (Ali and Others) v Birmingham City Council, [2002] EWHC 1511, [2002] HLR 51, QBD: Duty of local authority to a migrant EU national with a young family under s.21 National Assistance Act 1948, s.17 Children Act and the Human Rights Act 1998. (Alison was Junior Council to Christopher Baker as a pupil at Arden Chambers).

Unreported

Southern Housing Group v Harrison (Mr Justice Ramsey, QBD, November 2006)
s.9(2) Housing Act 1988 – application to suspend warrant – failure to take into account all factors
 
Oxford City Council v Ali (HHJ Harris, Oxford County Court, November 2006)
s.85(2) Housing Act 1985 – tolerated trespasser – personal representative – nature of the right to apply to postpone the date for possession.