David Gardner

Viewing: Community Care for David Gardner

David has represented Claimants and Defendant in judicial reviews in the Court of Appeal and the Administrative Court. In doing so David enjoys a broad judicial review practice with a focus on community care law. He also appears regularly in the Court of Protection.
David has considerable experience advising and representing Claimants who wish to challenge the failures of public bodies providing care and support to meet their community care duties. He also regularly advises and represents local authorities, CCGs and Local Health Boards.
David has a busy community care practice in both England and Wales. He regularly deals with cases relating to duties under the Care Act 2014 in England and associated challenges, including ordinary residence disputes. David has a particular specialism in community care law in Wales and the duties under the Social Services and Well-being (Wales) Act 2014 and has provided advice to the Equality and Human Rights Commission on the subject.
David frequently represents Claimant’s in judicial review proceedings relating to adequate accommodation for asylum seekers, accommodation and support for looked after and former looked after children, and in age assessments.
Before starting at No5, David was the sole Administrative Court Office Lawyer for Wales and the South West of England between March 2009 and October 2017. In that role he has gained considerable experience in judicial review and administrative law and was responsible for case management of Court and Upper Tribunal cases, including resolving disputes as to procedure between parties and advising Judges on public law cases. From 2005-2009 he was a legal adviser in the Magistrates’ Court.
He is technically very good, very responsive and a pleasure to work with." "He is very organised and really cares about his work. He knows the Administrative Court like the back of his hand."
Legal 500 2023
"David is meticulous and extremely professional. A very clever barrister who is smooth on his feet and builds an excellent rapport with clients."
Chambers UK 2023
David has a unique understanding of public law and the principles that underpin equality and human rights. An excellent advocate. He gets on top of complex legal issues quickly with an excellent grip of the detail and ability to focus on what really matters. He has a calm and reassuring advocacy style that is well-liked by clients.
Legal 500 2022
David provides clear and detailed advice, and is flexible in assisting his clients and those who instruct him.
Legal 500 2022
He has a calm and reassuring advocacy style that is well-liked by clients. His submissions are concise and straight to the point. He is affable and has a conciliatory approach to his cases, but is robust enough to hold his ground when required.
Legal 500 2022
David Gardner is a strong choice for claimants and defendants seeking representation in judicial reviews across England and Wales. He is a barrister with experience in a wide range of cases, including those involving immigration, criminal and social welfare issues.
Chambers UK 2022
He always responds very quickly and provides all the information you need.
5. Chambers UK 2022
Notable Cases
R (Russell) v Hywell Dda University Health Board (CO/1421/2022)
Represented the Claimant. The claim concluded with the Administrative Court approving an order allowing the Claimant’s application for judicial review on the basis that the Health Board had unlawfully failed to support her to access the wider community in breach of duties under the Social Services Well-being (Wales) Act 2014 and Care and Support (Eligibility) (Wales) Regulations 2015. The Court also ordered the Health Board to take steps to support the Claimant and facilitate such access to the wider community.
R (Hodgkinson) v Blaenau Gwent County Borough Council (CO/484/2022)
Represented the Defendant in this case whether the Claimant challenged the decision of the local authority to uphold safeguarding allegations made against him, the managing director and responsible individual for a care home. The claim considered the responsibilities of responsible persons as apply in Wales under the Social Services Well-being (Wales) Act 2014, the Wales Safeguarding Procedures, the Regulation and Inspection of Social Care (Wales) Act 2016, and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017. The case also considered issues of delay in bringing judicial review proceedings. Permission was refused.
R (OA) v Secretary of State for the Home Department (CO/1485/2022)
Represented the Claimant in the Administrative Court challenging the failure of the Defendant to provide adequate accommodation for the Claimant and her family under s.95 of the Immigration and Asylum Act 1999. Permission and interim relief were granted and the Claimant was moved to adequate accommodation. The claim then settled.
R (HA) v London Borough of Islington (CO/230/2022)
Represented the Claimant in the Administrative Court challenging an abbreviated age assessment conducted and relied upon by the Defendant. The case involved issues as to the question of the jurisdictional fact of the age of the Claimant and on issues of the procedural fairness (lawfulness) of the assessment itself. Permission was granted by the Administrative Court and the case settled with the Defendant agreeing to reassess the Claimant’s age.
R (HH) v London Borough of Brent (CO/2600/2021)
Represented the Claimant in the Administrative Court challenging the refusal of the Defendant to re-assess the Claimant’s age after further significant information which may impact its original assessment came to light. Permission to apply for judicial review has been granted by the Administrative Court. Case ongoing.
R (YS) v A Local Authority (Judicial Review 2021)
Represented the Claimant in a case where a local authority in Wales refused to provide a shower adaption in her home despite an assessment that baths caused her pain due to her disability. Grounds raised relating to failures under the Social Services and Well-being (Wales) Act 2014 (on community care duties) and the Housing Grants, Construction and Regeneration Act 1996 (on disabled facilities grants). The case settled at the pre-action stage with the local authority agreeing to fund the adaptions.
R (RP) v Sandwell Metropolitan Borough Council (JR/2528/2020)
Represented the Applicant in the Administrative Court (permission stage) and Upper Tribunal (substantive stage) in a judicial review challenging the Respondent’s age assessment, which determined that the Applicant was over-18. The case settled and the local authority agreed to withdraw its age assessment without a hearing.
R (FAL) v London Borough of Enfield (CO/624/2020)
Represented the Claimant and his children challenging the decision to refuse the children accommodation and support as children in need under the Children Act 1989 on the basis that the Claimant may be entitled to accommodation and support from the Home Office as an asylum seeker.
R (Ali) v Halton Borough Council (CO/2930/2019)
Represented the Claimant in the Administrative Court challenging the decision of the Defendant to refuse to provide accommodation and support for a former relevant child and failed asylum seeker without conducting a human rights assessment.
R (JJ) v Cardiff City Council (CO/3132/2019)
Represented the Defendant in the Administrative Court defending a decision to refuse funding for a specialist learning disability placement.
R (DJ) v Cardiff City Council (CO/2927/2018)
Represented the Defendant in the Administrative Court defending a decision to refuse funding for a specialist learning disability placement.
R (Hore-Ruthven) v North Somerset Council (CO/4408/2018)
Represented the Defendant in the Administrative Court defending a decision to refuse to fund a “staying-put” arrangement for a former foster child.
Reported Cases
R (DK) v Secretary of State for the Home Department (CO/4585/2020)
Represented the Claimant in this case challenging the adequacy of the accommodation which is provided to pregnant/new mother asylum seekers. It is the lead case challenging the Secretary of State’s policy and system of allocation and provision of accommodation provision for pregnant / new mother asylum seekers. David represented the Claimant (and the Claimants in linked claims) in the interim and permission stages of the claim and is led by David Lock QC for the substantive hearing. Case ongoing
Chairman of the Valuation Tribunal for England since 2017
Panel Counsel for the Equality and Human Rights Commission
Panel Counsel for the Welsh Government
Legal Aid Barrister of the Year Award Finalist at the Legal Aid Lawyer of the Year Awards 2023
In 2017 David was named by the Institute for Welsh Affairs as one of their ‘30 in 30’: 30 people working to make Wales better over the next 30 years’.
Public Law Wales (as an executive committee member and assistant secretary)
South West Administrative Lawyers Association (as a committee member and secretary)
Administrative Law Bar Association (ALBA)
Court of Protection Practitioners Association (COPPA)
Human Rights Lawyers Association
Welsh Legal History Society
Member of the Western Circuit
Member of the Wales and Chester Circuit
Bar Vocational Course University of the West of England – 1 September 2004 to 1 July 2005
LLB Law Degree The University of Leeds – October 2001 to July 2004
David’s book ‘Administrative Law and the Administrative Court in Wales’ was published by the University of Wales Press in 2016.
David is an expert contributor to Atkin’s Court Forms for the Administrative Court Forms, Vol.1, 2016 and 2019 editions
David co-wrote the inaugural Administrative Court Judicial Review Guide in 2016 (and the first update in 2017) with Mrs Justice Whipple and Mr Justice Lewis (as he then was).
David has written a number of articles on public and administrative law, including:
• “Administrative Law and the Administrative Court for – or in – Wales” in ‘Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review’ (2021) Hart Publishing
• “An Administrative Law Code for Wales: Benefits to Reap and Obstacles to Overcome” Statute Law Rev, Volume 40, Issue 3, October 2019, Pages 273–286
• “The Administrative Court and Administrative Law in Wales and Comparative Perspectives” (with Dr. Sarah Nason) in ‘Administrative Justice in Wales and Comparative Perspectives’ (2017) University of Wales Press
• “Public Law Challenges in Wales: The Past and the Present” [2013] P.L.1

Latest News & Publications

No5 Barristers’ Chambers is delighted to announce that David Gardner has been shortlisted for the ‘Legal Aid Barrister Award’ for this year’s Legal Aid Lawyer of the Year Awards....

Date: Fri, 19 May 2023
Local Authority had a duty to age assess putative child independently of a Home Office assessment and case is not academic just because the Claimant has turned 18: David Gardner represents the Claimant in a successful judicial review...

Date: Fri, 10 Feb 2023
David Gardner represents the Claimant, an unaccompanied child asylum seeker, in the case of R (HA) v London Borough of Islington....

Date: Mon, 16 May 2022