Position

Joshua Swirsky's main areas of focus are: community care, Court of Protection and public law/local government law.

Although he mainly acts for local authorities, he also represents individuals and companies.

Joshua conducts judicial reviews and other proceedings concerning community care (both adults and children), age assessments and, housing and property-related issues. He is regularly instructed in complex cases about  the Care Act 2014, its interaction with housing issues, funding and age assessments. He is often instructed to advise on and draft local authority policies and procedures.

In 2023, Joshua defended the successful local authority in a judicial review concerning the effect of s23 of the Care Act 2014 and the interplay between the care regime and the Housing Act 1996; R (Campbell) v London Borough of Ealing.

This followed on from his earlier case on similar issues; R(Idolo) v London Borough of Bromley (2020).

In 2022, he represented the local authority in R(HAM) v London Borough of Brent which clarified that it was not necessary to comply with a check-list to ensure that age assessments were Merton compliant.

Mentions

London Bar

Court of Protection and community care

LEADING JUNIORS5

Joshua Swirsky – Field Court Chambers 'Joshua always acts in the best interests of clients honestly and with integrity. He always maintains the trust and confidence of the client, ensuring the client's confidentiality. He always provides a consistent and competent standard of service to clients.'