Michael Sherlock

Michael is a solicitor in the social welfare department. He joined TV Edwards in 2012, working in a number of roles within the firm while first undertaking his law studies and then completing his training contract. He qualified as a solicitor in September 2018.

Michael is experienced in representing clients in Court of Protection matters. He is an Accredited Legal Representative, which means that he can be appointed by the Court of Protection to act directly for clients who may or do lack capacity to conduct court proceedings themselves, without the client needing to have a litigation friend.

Michael acts for clients in challenges to unlawful deprivations of liberty under section 21A of the Mental Capacity Act 2005 and in cases involving the mental capacity of vulnerable adults and decisions relating to the welfare of those who lack capacity, such as, where they live and what contact they should have with others.

Michael also undertakes community care work including assisting people with physical and mental health difficulties in obtaining Care Act 2014 assessments and challenging cuts to care packages.

He has a particular interest in acting for homeless families or disabled clients who are unable to access “mainstream” social welfare services due to issues with their immigration status and has given training to Hestia’s Modern Slavery Response team on this area of law

Michael also has experience in a variety of areas of housing law, including homelessness cases under the Housing Act 1996 (such as challenging gatekeeping by local authorities, conducting reviews of negative decisions by local authorities and challenging the suitability of accommodation), possession proceedings brought on grounds of rent arrears or anti-social behaviour, and anti-social behaviour injunctions.

Michael has a developing practice in acting for clients who may have claims for damages for breaches of their human rights.

Michael has been instructed a number of times by the Official Solicitor in cases where clients lack capacity to provide instructions in these matters. As Michael has expertise in mental capacity, community care, housing and human rights law, he is able to act in cases, from beginning to end, where all these areas are in play. This provides an invaluable holistic service to very vulnerable clients.

Michael is a member of Young Legal Aid Lawyers.

Examples of recent cases

Court of Protection

• Michael acted for a client in a Court of Protection challenge to the client’s son’s deprivation of liberty. As a result of this case, the client’s son came to live in new accommodation much closer to the client and the client was able to see her son in person much more frequently.
• Michael represented the partner of a man with severe brain injuries in a Court of Protection case, which resulted in the client’s partner being moved from accommodation where the client felt he was unsafe to new accommodation where his complex needs could be met.

Community Care

• Michael acted for a client with autism and successfully secured a re-assessment under the Care Act 2014 of her needs and an improved package of care and support.
• A local authority agreed to reverse its decision to make a severe cut to a client’s care and support package for her severe physical disabilities, following Michael’s work.
• Michael represented a client with two young children who faced eviction by their local authority due to complications with the client’s immigration status. Michael was able to successfully argue that the family should remain accommodated until their immigration case was resolved.
• Michael acted for a client with serious physical disabilities who was a full-time wheelchair user. The client was homeless due to his immigration status. Michael was able to secure suitable accommodation for the client from his local authority.

Housing

• Michael represented a tenant with mental health problems whose landlord was seeking an anti-social behaviour injunction against him. Michael secured evidence from an expert that the client lacked capacity to comply with the injunction and on this basis the landlord agreed to withdraw the injunction application.
• Michael helped a client successfully challenge the suitability of three separate temporary accommodation placements that she and her family had been offered. The client’s mother was elderly and had a number of physical health problems. On each occasion the local authority accepted that the accommodation was not suitable and withdrew their offer.
• Michael acted for a tenant who was facing eviction due to her rent arrears. Michael represented the client in a successful application to stop her eviction and keep her and her children in their home.
• Michael acted for a client who was homeless after feeling domestic abuse and was successful in getting the client’s local authority to provide her with temporary accommodation.

Human Rights

• Michael is currenting instructed by the Official Solicitor in a number of cases involving potential claims for damages under the Human Rights Act for children whose human rights may have been breached by local authorities potentially failing to protect them from the risk of serious abuse or neglect.
• Michael is also currently instructed in cases involving potential claims for damages under the Human Rights Act for clients who may have been unlawfully deprived of their liberty.

Recommendations

I was very satisfied… The Solicitor who represented me was also a very good young man, who gives his best in his job.

Communication was readily available and I was listened to…

Prompt replies and understanding of our situation. Empathy.

Because Michael my solicitor has keep me updated throughout the entire court case.