Monica Kreel

Monica is an Associate Solicitor in the Social Welfare Department. She acts for clients across a wide range of community care, public law, discrimination, human rights and Court of Protection cases.

Her community care work includes obtaining and challenging reductions in care packages for disabled people, including destitute migrants who may be entitled to accommodation from the local authority under the Care Act 2014 (rather than the Home Office). She also has experience of NHS continuing care disputes, mental health aftercare and care packages for people leaving immigration detention.

In the area of mental capacity law, Monica represents clients in applications to the Court of Protection to challenge welfare decisions of local authorities and unlawful deprivations of liberty. Monica also has experience in helping migrants who lack mental capacity to request a specific order for an immigration representative to be appointed by the Court of Protection so that there is someone to progress their Home Office application on their behalf. Monica is an Accredited Legal Representative which means she can be appointed by the Court of Protection to act for protected parties without a litigation friend.

Monica’s community care work includes representing adults experiencing serious abuse or neglect, to ensure that proper investigations are carried out. She has also obtained financial compensation for people under the Human Rights Act 1998 and Equality Act 2010 where they have been abused in care homes or denied urgently needed services.
With her comprehensive knowledge of discrimination law, human rights and public law principles, Monica is able to challenge policies or decisions made by social services or the NHS. She has issued many successful judicial review challenges, obtaining emergency injunctions where necessary.

Monica has over 30 years’ experience advocating for the rights of disabled people as a caseworker, policy officer and investigator at local and national organisations including the Royal National Institute for Blind People, the Disability Rights Commission and the Equality and Human Rights Commission. She played a key role in implementing and enforcing the Disability Discrimination Act 1995 and the Equality Act 2010. She qualified as a solicitor in 2014.

Monica is also experienced in delivering training to external organisations. She has recently spoken at a conference on mental capacity and migrants’ rights.

She can undertake Legal Aid work and private work.

Areas of specialism

• Assessments and services for disabled people
• Safeguarding disabled people from abuse and neglect
• Judicial review challenges to community care decisions and policies
• Support for disabled migrants
• Welfare and Deprivation of Liberty applications in the Court of Protection, including for migrants and asylum seekers who lack mental capacity

Notable cases/Awards

• R (TMX) v London Borough of Croydon & Anor [2024] EWHC 129 Admin Successful Judicial Review challenge to a local authority’s refusal to provide accommodation to a disabled asylum seeker. The Court made a rare finding that the local authority had breached the human rights of the disabled man, under Articles 3 and 8 of the European Convention on Human Rights
• R (MM) v London Borough of Newham (2024). Monica obtained a High Court injunction compelling the local authority to bring back a severely disabled asylum seeker to Newham after he had been moved out of his flat by the Home Office and placed in inaccessible accommodation without his essential care package.
• Continuing Healthcare dispute against North West London ICB (2024) By representing her client in a complaint to the Parliamentary and Health Services Ombudsman, through a threatened judicial review and at an Independent Review Panel, Monica was able to secure a refund for care charges of over £250,000 for a man with severe dementia and extremely aggressive behaviour whose wife had had to pay for his care.
• Safeguarding Adult Review into failures by the London Borough of Haringey (2023) Monica represented the family of a woman who died while in a care home, having experienced poor quality care, a failure to authorise her deprivation of liberty and a lack of essential services such as wheelchair and seating services. A Safeguarding Adult Review report was published under section 44 Care Act.
• CXM v Hampshire Constabulary / R(CXM) v Hampshire Police and Crime Commission 2022 and 2023. In these connected cases, Monica challenged the police for their repeated failure to conduct a lawful criminal investigation into serious sexual abuse by the owner and manager of a supported accommodation business of a young woman who lived there. These cases resulted in substantial damages and an apology by the police; then a successful criminal investigation into the perpetrator and the closure of the service.
• R (HL) v Secretary of State for Health and Social Care [2023] EWHC 886 (Admin). The High Court gave permission but refused to allow a judicial review challenge to ‘People at the Heart of Care: adult social care reform’, the Government’s White Paper which set out its priorities on social care reform. The challenge asserted the Government had unlawfully failed to bring into effect an appeal mechanism against local authority for disputes under the Care Act 2014.
• APC v Royal Borough of Kingston upon Thames In this Court of Protection case, Monica represented APC, who was detained in a psychiatric hospital under a deprivation of liberty standard authorisation. APC was found suitable accommodation in the community and permitted to move there, where he could pursue of his hobbies and lead a less restricted lifestyle.
• VE v AO v Royal Borough of Greenwich [2020] EWCOP 23 In this Court of Protection case, Monica successfully represented VE who wanted her elderly terminally ill mother to be returned to the family home during the Covid pandemic. It was a widely reported case, recognising the human right under Article 8 to die surrounded by one’s family.
• EC v London Borough of Southwark (2019). In this Court of Protection case in the High Court, Monica represented EC a young woman with learning disabilities to demonstrate that she had mental capacity to make her own decisions about her accommodation and care plan, so that she could live in her own home, with a care package, rather than in supported accommodation.
• AT and KT v London Borough of Haringey (2017) Claim under the Equality Act and Human Rights Act against the council’s Children’s Services department for refusing to provide services to a child with autism due to the council’s discriminatory policies. Following legal proceedings, the London Borough of Haringey withdrew their policies for disabled children, acknowledging that they directly discriminated against children with autism. Substantial damages were paid to the family. The council also agreed to carry out an audit of families previous affected by the policy and inform these families that they may have been entitled to social care support.
• RO by his litigation friend the Official Solicitor v London Borough of Newham (2017) In this case, RO, an adult with mental health problems and a learning disability was taken by social workers and the police to a residential setting where he was deprived of his liberty. His mental capacity to make this decision had not been properly assessed. The Court of Protection decided that he lacked mental capacity to choose where to live and agreed and that he should be allowed to return to his family home. Monica also represented him in a County Court claim for damages under the Human Rights Act, where he was awarded a substantial award.
• MI v a London Borough (2017) Compensation claim under the Human Rights Act on behalf a 90 year old woman with advanced dementia who was raped while living in supported accommodation. She was awarded substantial damages. The local authority also agreed to carry out a thorough and legally compliant Safeguarding Adult Review under s.44 Care Act.
• R(AK) v London Borough of Lewisham Judicial review of the failure of social services to provide services to a terminally ill destitute asylum seeker so that she could leave hospital. An injunction was obtained which ordered social services to provide accommodation and care.
• London Borough of Brent v AC (2016). A Court of Protection case where a local authority was found to have breached the human rights of an adult with autism by failing to manage his welfare benefits correctly leading to him losing his income and missing opportunities to go out and pursue his education and interests. The local authority was also found to have unlawfully deprived him of his liberty. As part of the case, the local authority agreed to carry out a thorough Safeguarding Adult Review which found that the local authority had financially abused the disabled adult. The DWP also agreed to review its guidance about appointeeships after pre-action correspondence against the DWP.
• R(JC) v Essex County Council (2015) Judicial review of a local authority’s refusal to assess a child with autism or to provide him with services, despite his very serious needs. A lawful assessment, care package and significant human rights damages were awarded. The local authority agreed to review its policies for the assessment of children.
• R(BO) v London Borough of Lewisham (2015) Judicial review of local authority’s failure to lawfully assess or support a migrant family or to take into account the needs of a child who wet himself regularly. The family had been placed in a hotel room 1 ½ hours away from the children’s primary school. After issuing proceedings the local authority agreed to provide adequate accommodation which took into account the children’s needs.
• Local Government Ombudsman Complaint 13 005 484 (2014) Complaint against the London Borough of Newham for failing to provide accommodation to a family, leaving an elderly disabled couple separated from each other and from their carers for two months. The complaint was upheld by the Local Government Ombudsman and compensation was awarded to the family.
• R (MK) v LB Barking and Dagenham [2013] EWHC 3486 (Admin). Judicial review of the local authority’s decision to refuse to accommodation a destitute teenager, separating her from her cousins and aunt whom she had grown up with.   This was first case to consider the scope of s.1 of the Localism Act 2011, in the context of the provision of community care services, as well as the scope of s. 17(3) of the Children Act 1989. Judicial review of a local authority’s decision to refuse to accommodate a destitute teenager, separating her from her cousins and aunt who she had grown up with.
• R (YB) v London Borough of Newham (2012). Judicial review challenge to Newham’s unlawful decision to cut a child’s care package in half without a proper re-assessment. This left the child, who had autism and challenging behaviour, at risk of being restrained by the police. An injunction was obtained to restore the care package.
• R(YK) v London Borough of Newham (2012) Judicial review of Newham’s failure to re-house a family that had been waiting for emergency re-housing for over 5 years, leaving a severely disabled child virtually unable to go in or out of the house in her wheelchair and without access to the bathroom or fresh air.
• R (McDonald) v Royal Borough of Kensington & Chelsea [2011] UKSC 33
• Supreme court challenge to local authority’s decision to meet a disabled adult’s night time needs with continence pads instead of a night time carer.

Publications

• Disability Discrimination Act Statutory Code of Practice for Employment and Occupation 2004
• Disability Discrimination Act Statutory Code of Practice for Trade Organisations and Qualifications Bodies 2004

Recommendations

It was nice to have someone finally listen to our concern. It was lovely that they knew exactly what we were talking about – Anthony 03.07.24

I received amazing advice and support suggestions to help me with my situation, very understanding and knowledgeable, and highly motivated in dealing with the tasks involved, also resilient to resistance! Very impressive and I highly recommend!!! – Carlos 27/02/24

Well-regarded team with strong links to the local community. Monica Kreel is committed, creative and knowledgeable.

Legal 500 UK (2024)

Monica’s compassion and commitment to achieving this result for this client were awe-inspiring. She worked tirelessly and we were able to push for an early effective hearing so that a decision could be made in time.

Legal 500 UK (2024)

Monica Kreel is meticulous in her careful examination and analysis of the written evidence. In meetings she is highly effective at uncovering concealed facts. She can be relied upon to keep the case process on track when the other legal teams are struggling to do so. Her diligence and commitment are exemplary.

Legal 500 UK (2024)

Very professional & always got back to me either phone or email to let me know of any outcome of my case. Felt very comfortable didn’t feel like I wasn’t be judged but listened to & taken serious. I’m happy I’ve the result which I got regarding my father’s case. I would recommend TV Edwards anytime! Excellent work & great service!

Monica gave clear advice, referencing the legislation. She was careful to ensure communication was tailored to the specific needs of my son who has a learning disability. If we hadn’t engaged TV Edwards I don’t think we would have achieved the outcome we did. Thank you.

Monica Kreel is brilliant. She is wonderful. She is diligent, caring, understanding, extremely knowledgable and has a great way of explaining things for people to understand.