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Broad Street Bristol BS1 1DREmail
Tim Baldwin is a busy, dedicated civil and public law practitioner in court of protection and community care, inquests, regulatory enforcement, especially in respect of enforcement of housing standards in the private sector and planning, and landlord and tenant law. He is ranked in Chambers UK as a leading junior for social housing, and is identified as a leading junior in four categories of law in the Legal 500 for social housing, court of protection and community care, civil liberties and human rights and planning.
Tim is an editor of the Community Care Law Reports for the Legal Action Group. He has co-authored a number of articles in Landlord and Tenant Review and Legal Action on evictions and the Localism Act 2011. He co-authored the Housing Act 2004: A Practical Guide, 2005 and The Anti-social Behaviour Act 2003: A Special Bulletin. He contributed a chapter on Inquests in Children’s Social Care Law, authored by Stephen Knafler KC. (2018) for Legal Action Group.
Tim provides seminars and bespoke training to solicitors on the Mental Capacity Act 2005 including Deprivation of Liberty, Care Act 2014, mental health law, treatment in the NHS, community care, welfare benefits and equality, prison law and Judicial Review.
Before starting practice Tim was a research assistant in the Public Law Team at the Law Commission, where he worked on reform of housing and local authority law. Also he worked as a part-time lecturer at King’s College London and the University of Westminster Law Schools. Tim worked as an administrator and researcher at the Public Law Project prior to his legal education and training. Prior to his legal career Tim trained and worked as a scientist specialising in molecular biology and brain development. Tim was a Hardwicke, Thomas More and Cassell scholar of Lincoln’s Inn.
He has appeared in a number of reported cases in the Court of Appeal, High Court, Upper Tribunal, as well as significant inquests.
Tim is appointed to the panel of preferred counsel for the Equality and Human Rights Commission.
Tim is also a tenant of Garden Court Chambers, London.
Inquests, civil liberties & human rights
- Inquests for families of patients who have died in detention, particularly those subject to detention for psychiatric care, or with learning disability.
- Representation for prisoners and others detained by the state in addition to inquests concerning deaths in custody.
Examples of inquests
- Inquest touching on the death of Robert Edwards (Suffolk Coroner, 2013): An Article 2 as a result of death in police custody and failures to provide adequate medical care. For more information, please see the INQUEST press release.
- Inquest touching on the death of Brian Quaintmere (Southwark Coroner, 2015): Critical narrative decision of failures concerning death while in psychiatric care.
- Inquest touching on the death of Matthew Westgarth (Doncaster Coroner, 2016): Critical narrative decision in respect of NHS failures in discharge from psychiatric hospital without a care plan.
- Inquest touching on the death of Brian Hull (Liverpool Coroner, 2016): Inquest of death in HMP Walton reported in Liverpool Echo, BBC and on failures identified in PPO report commented on in the Liverpool Echo.
- Inquest touching on the death of Jerome Rogers (Croydon Coroner, 2017): Inquest of death of young man who took his own life after the visit of bailiff enforcing motoring tickets reported in the Guardian, Daily Mirror, Daily Mail and Evening Standard, together with a campaign to address suicide amongst young men and has led to a renewed campaign to change the law on bailiff powers and enforcement, see report of 14 March 2017 ‘Taking Control’ by StepChange Debt Charity. The facts disclosed in the Inquest were dramatised for the BBC in “Killed By My Debt”.
- This was also dramatised by the BBC in the award winning drama Killed By My Debt. (30) Killed By My Debt: How Debt Can Spiral Out Of Control – YouTube and (30) ‘Killed By My Debt’ Wins Single Drama | BAFTA TV Awards 2019 – YouTube and (30) Driving Fines Drove My Son to Death | This Morning – YouTubeInquest touching on the death of Paul Chambers (Nottingham Coroner, 2019): I represented the family of the deceased in an unusual death which occurred in prison. The deceased died in HMP Nottingham as a result of COPD which is a natural cause death. However, there is at present expert medical evidence that the medical care provided in prison in respect of COPD and asthma care was inadequate. This was an Article 2 Inquest before a jury examining the adequacy of care provided in prison and the adequacy of medical treatment and possible systematic failures within the prison estate as to transfer of prisoners with serious medical conditions. The jury concluded there was inadequate care and medical treatment in respect of an underlying asthmatic condition. The medical evidence was complex which required thorough questioning and examination and it identified a failure to provide proper care in two prisons.
Court of protection & community care
See also for exampleBuckinghamshire County Council (Appellant) v Kingston Upon Thames Royal London Borough Council (Respondent) & (1) SL (By her litigation friend the Official Solicitor) (2) National Society for Epilepsy (3) Secretary of State for Health (Interested Parties)  EWCA Civ 457: was led by Stephen Knafler KC. The Court of Appeal held, on dismissing Buckinghamshire’s appeal, that a local authority, in moving a person whose care it had funded into supported housing in another local authority’s area following a needs assessment had been under no duty to consult the other local authority. The transcript has been made available.
- Specialises in Court of Protection proceedings concerning health and welfare decisions, accommodation and DoLS issues for applicants and all respondents, including emergency applications and instruction by the Official Solicitor. In addition cases within the inherent jurisdiction of the High Court.
- Recent cases have concerned disputes over residence, contact and care together with DoLS and court authorisation of deprivation of liberty including damages claims for false imprisonment. Also work has included financial deputyship disputes.
- Advice and representation in cases involving persons who lack capacity in all jurisdictions.
Regulatory work, planning & enforcement
- Enforcement of housing standard against private and social landlords
- Planning Enforcement against private and social landlords
- Environmental cases, disputes over land use, “fracking” and mineral extraction
- Pollution, air quality and climate change
- Judicial review of public bodies and regulatory bodies
- Development, particular concerning provision of social and affordable housing
- Homelessness and allocation of social housing
- Advising on the lawfulness and completeness of schemes for allocation of social housing
For example, in the following cases
- Legal Aid Agency settles the case on the correct application of legal aid statutory charges in damages cases and test cases, 10 July 2018.
- Six environmental campaigners appear in High Court to challenge broad injunction sought by UK Oil and Gas (UKOG).
- East Finchley residents settle two-year legal battle with Housing Association after gas supply cut off, 22 February 2018. Reported in Local Government Lawyer, Public Law Today, SVRA webpage including reporting by the BBC and LBC.
- Landlord discontinues re-litigating a claim for possession after failing to provide the tenant with a gas safety certificate before their occupation: major implication for the Private Rented Sector, 27 February 2018
- Successful habeas corpus application against Governor of HMP Peterborough for unlawful detention of a civil prisoner, 26 April 2017.