Indemnity costs ordered against Local authority who conceded breaches of Mental Health Act, Care Act Statutory Guidance, Code of Practice and Articles 3 and 8 ECHR

Olivia Beach represented a very vulnerable individual in a long-running judicial review concerning the provision of aftercare under Section 117 Mental Health Act.

Olivia Beach represented a very vulnerable individual in a long-running judicial review concerning the provision of aftercare under Section 117 Mental Health Act.

Just the day before the substantive hearing, the London Borough of Redbridge conceded breaches of Section 117 Mental Health Act, Section 40 Care Act 2014, the Care Act Statutory Guidance, the Mental Health Code of Practice, and breaches of the Claimant’s Article 3 and Article 8 ECHR rights.

Whilst a substantive hearing did not take place as a result of these concessions being made in a consent order, directions were set for cost submissions. In an order dated 11 May 2026, Benjamin Douglas-Jones KC sitting as a Deputy High Court Judge ordered the London Borough of Redbridge to pay the Claimant’s costs on an indemnity basis.

In making this Order, the following reasoning was given:

“…the Defendant was presented with numerous opportunities (i) to articulate a proper defence; (ii) to submit evidence in support of any stance it took in the Claim; (iii) to engage properly and actively in the proceedings; and (iv) to resolve the dispute at a much earlier stage. The Defendant took none of these steps. The Defendant has offered no justification for these failures and has even failed to file and serve, in breach of a consent order to which it was a party, submissions explaining why I should refuse to order that the Claimant’s costs be assessed on the indemnity basis by the 31 July 2025 deadline or at all.”

Olivia was instructed by Monica Kreel at TV Edwards.

Case number AC-2024-LON-002575

Related Barristers: Olivia Beach