Simon has an extensive and well-developed housing practice, and particularly specialises in public law (especially concerning homelessness and possession proceedings). In recent years he has acquired particular expertise in claims concerning anti-social behaviour. He has recently and regularly appeared in the Court of Appeal and Administrative Court in housing, ASB and homelessness cases.

Simon's work in the social welfare field has focused primarily on working for clients with capacity and mental health issues and physical disabilities, and also their carers. These cases often arise in the context of community care and after care, and often concern the clients' housing rights and rights to a family life. SImon is a member of the Zenith Chambers 'Adult Care' team of specialist barristers.

He also advises and represents public authorities in such matters, and is experienced in taking Judicial Review work in this field.

Areas of Expertise

• Public Law – with an emphasis on homelessness and possession proceedings.
• Representing parties in the Court of Appeal and Administrative Court in respect ASB and homelessness cases.
• Representing clients in possession and injunction proceedings concerning disabled and mentally ill tenants.
• Advising local housing authorities and registered providers of social housing on the lawfulness of their allocations policies, and Judicial Review applications relating to these.

Reported Cases

• Barnsley MBC v Norton [2011] EWCA Civ 834.  The Court of Appeal considered the effect of the Public Sector Equality Duty in the Disability Discrimination Act 1995 (now in the Equality Act 2010),  on the lawfulness of the decision of the Council to seek and obtain a possession order without any prior or subsequent consideration of a significant disability suffered by one of the defendants.
• UK Housing Alliance v Francis [2010] HLR 28, CA: concerning the enforceability of contractual terms in sale and rent-back agreements under the Unfair Terms in Consumer Contracts Regulations 1999; and whether a final payment payable on completion of the tenancy amounted to a tenancy deposit under the Housing Act 2004
• Leeds CC v Fawcett [2008] EWCA Civ 597: concerning the proper exercise of judicial discretion on proportionality and necessity in making a final ASBO, where this included exclusion orders that impacted on the defendant's family life.
• R (B) v Kirklees MC [2006] CO/4061/2007, QBD: judicial review of local housing authority's refusal to continue to provide accommodation to a homeless 16 year-old applicant. 
• Hackney LBC v Akinbolu (1997) 29 HLR 259, CA: concerning an unlawful overstayer's rights to keep his tenancy, having obtained his tenancy truthfully; whether it was a Secure Tenancy; and so whether he could bring a claim for unlawful eviction.

Notable Cases

• Wakefield & District Housing v Evans (2010) County Court: on the public law issues of whether a social landlord had lawfully implemented its procedures and policies for evicting a Shorthold Starter Tenant accused of ASB.
• R(Gebreselassie) v Leeds CC [2010] EWHC Admin; judicial review of local housing authority's refusal to provide temporary accommodation to refugee applicant with unascertained but emerging serious health problems.
• McHardy v Sheffield CC [2009] EWHC QBD: burdens of proof and inferences available to trial judges as to the parties to and terms of the original tenancy in Housing Act succession cases.
• Newcastle City Council v Thompson & Phillips [2009] County Court: whether Introductory Tenants were able to seek a County Court review of the lawfulness of the Council landlord's decision to bring possession proceedings, or had to seek JR in the Admin Court (permission to appeal to the Court of Appeal was granted but not pursued).
• Clark v Lifespan Collective [2009] EWHC Ch: determining who, as between one former member and 22 current members, was entitled to ownership of a communal rural housing co-operative's land and homes, where the former member wished to sell the land for development and the current members wished to remain.
• Various other applications before the Administrative Court for interim relief and permission, and final hearings in homelessness and allocations cases: and numerous County Court appeals against homelessness decisions under s.204 of the Housing Act 1996.
• Representing and advising various respondents in Court of Protection cases, including a former carer with learning difficulties seeking the return of his elderly mother to his care; and a 14 year old boy whose adult autistic brother had been removed from the family home amidst cross-allegations of domestic abuse.

Seminars

• Public Law Defences in Possession Proceedings (2010) Yorkshire Housing Law Practitioners Association.
• Homelessness and Allocations in Practice (2010) Local Authority
• Unlawful Eviction (2009)
• The status of children as local authority tenants and licensees (2009) Yorkshire and Humberside Local Government Housing Solicitors Special Interest Group
• Malcolm v Lewisham LBC, and disability discrimination in Housing (2008) Yorkshire Housing Law Practitioners Association.
• Advocacy Training for Housing Possession cases (2008) Leeds City Council

• Inner Temple Struben Prize (Landlord and Tenant Law) Winner 1989

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• Call: 1989