Donna McCarthy

Partner Head of Housing Management & Property Litigation

Areas of Expertise

Donna is Head of Devonshires’ Housing Management and Property Litigation department.

She has over 30 years’ experience advising on all aspects of housing management law and practice, acting for Local Authorities, Registered Providers and private landlords in complex litigation, including matters in the higher Courts and judicial review actions. She has particular expertise in advising and representing clients on Human Rights, Public Law and Equality Act challenges and following her successes in the higher Court cases of London and Quadrant HT v Patrick [2019] EWHC 1263 (QB) and Forward v Aldwyck Housing Group [2019] EWCA Civ 1334 is particularly noted for her expertise in dealing with claims relating to compliance with the Public Sector Equality Duty.

She regularly advises in respect of engagement with the Regulator of Social Housing, including compliance with the Consumer Standards as well as the impact of the shift to proactive consumer regulation. She has also advised social landlords in respect of adverse determinations made by the Housing Ombudsman and grounds for review.

She also has a strong track record advising housing and care providers in respect of regulatory compliance (both CQC and RSH), managing adverse incidents and enforcement action as well as advising on issues linked to resident management including housing benefit determinations and appeals; the operation of the Deprivation of Liberty Safeguards; safeguarding referrals and participation in safeguarding adults’ boards; mental capacity issues and multi-agency working. Donna also advises in respect of the operation of care contracts and management arrangements and any litigation that may arise in the event of dispute.

This sits alongside her non contentious practice where she advises on complex housing management issues and both reviews and drafts policy and procedure documentation and tenancy agreements.

Experience

Donna started her legal career in the in house legal team at the London Borough of Barking and Dagenham, combining part time studies with a mixed litigation practice including housing law. She qualified as a Chartered Legal Executive in 1994. Between 1994 and 1999 she worked as a specialist housing litigator, predominantly advising and representing tenants, having particular specialism representing those with mental capacity issues/other vulnerabilities.

Publications

Donna regularly contributes and writes articles, including our Housing Management Brief, as well as articles on upcoming legislative changes and sector updates.

Directories

Donna is recognised in the Hall of Fame for Social Housing: Local Authorities And Registered Providers in the Legal 500.

She is also ranked in Band 2 in Social Housing in Chambers and Partners

Conferences

Donna regularly speaks at events and conferences as well as presenting webinars and providing training to clients on a broad range of matters. Examples include:

• Getting it right on damp and mould
• The rising challenge of anti-social behaviour – how to rebuild trust in our communities
• The Domestic Abuse Act (2021) – one year on. What does it mean for housing?
• An overview of claims under the Environmental Protection Act
• Managing Housing Conditions Claims

Education

Personal

Donna is a keen reader and particularly enjoys anything related to modern social history. She is an enthusiastic if unskilled cook, who enjoys getting to the gym when she isn’t feeding people.

Professional Membership

Testimonials