Alex is a barrister specialising in public law, discrimination and human rights. He has extensive experience in education, community care, policing and criminal records.
Alex often advises children and vulnerable adults in cases arising from schools, colleges, exam boards, universities, integrated care boards and local and central government. Alex acts regularly in claims for judicial review, EHCP appeals and money claims.
He has experience acting in proposed strategic litigation, and advises changemaking individuals and organisations.
Education Law
Overview
Alex has developed an extensive practice in education law. He designed and wrote the School Exclusions Hub web-platform, advised the All-Party Parliamentary Group on School Exclusions and Alternative Provision on the need for reform of the legal process for excluding children, and chaired a sub-committee for the production of Justice’s report, Challenging School Exclusions. Alex has also written papers on the impact of criminal exploitation on children facing school exclusion, the effect of alternative provision on a child’s educational potential and the potentially discriminatory effect of school disciplinary measures. He was responsible for producing the Children’s Rights Alliance England’s submissions on education for the UN Committee on the Rights of the Child in 2019.
Alex acts in the Tribunal in appeals against local authority EHCP decisions, and in matters concerning disability discrimination against schools. He also advises in complaints, admissions appeals, transport matters, appeals against school exclusion, and parents being banned from school premises.
Alex’s practice covers university matters including cases concerning the conduct of assessments, applications for mitigation and requests for intermission. He acts for students facing academic and non-academic misconduct allegations and who are being subject to a fitness to study procedure.
Alex also acts in the County Court in claims against schools, colleges, universities and government organisations in claims for discrimination, breaches of human rights and other private actions for damages.
Alex has advised change-making organisations, particularly concerning children who have experienced school discipline and children with SEND. He understands the need for a joined-up and strategic approach to making change, with public communications and policy influencing supporting impact litigation.
Alex’s recent work in education law includes:
- Representing a child excluded in a discrimination claim. The school attempted to defeat the claim, arguing that the student’s alleged behaviour cannot be considered a “disability” under the Equality Act 2010 because the behaviour amounted to a “propensity to steal”. Alex successfully resisted this attempt, arguing that it would be incompatible with the Claimant’s rights under the EHRC to apply the regulations the school relied on.
- A discrimination and human rights claim against a university for banning a disabled student from their campus “for their own safety”.
- A human rights and discrimination claim against a university for indefinitely suspending a student for their social media posts expressing views concerning the war in Gaza.
- A discrimination claim against a school for conducting secret searches of a non-verbal child which involved having him remove his clothes. Alex secured damages and a move to a new independent school for his clients.
- Securing costs in a tribunal appeal when the Local Authority failed to articulate a good reason for resisting the appeal.
- Extensive work in complex extended EHCP appeals.
Contact Alex
Administrative and Public Law
Overview
Alex has wide experience acting in complex, urgent and novel claims for judicial review. He acts for individuals, organisations and campaign groups.
His work often includes overlapping issues between community care and education where children and adults with profound needs require holistic advice.
He is experienced in advancing claims against higher education institutions, including where there is a damages component which may be resolved separately. He can advise on the complex procedural requirements for bringing a claim where the student must first exhaust their complaint with the Office of the Independent Adjudicator.
Alex’s previous work in the Strategic Litigation team at Just for Kids Law has equipped him to provide advice to change-making individuals and organisations. He understands the need for a joined-up and strategic approach to impact litigation, with public communications and policy influencing supporting the legal work.
Alex can advise from the outset of a claim. He understands the difficult questions of procedure that often arise in education and community care, where repeated developments such as assessments and appeals might lead to a protracted pre-action process in circumstances where a client is seeking urgent resolution.
Alex can advise in matters arising from criminal justice and wrote a comprehensive guide on criminal records.
His recent work includes:
- Multiple cases concerning nursing and social care for children and young adults who are dependent on round-the-clock medical support, and for whom a withdrawal of care may be life-threatening. Alex has successfully prevented integrated care boards from withdrawing 1:1 support or reducing care packages.
- Preserving or finding suitable supported living placements for disabled and vulnerable adults.
- Advice on preventing the closure of primary schools and the reduction in SEND spending in schools. Alex has advised on challenges to unlawful consultations in schools and local authorities.
- Claims against local authorities concerning children without education, children missing their special educational needs provision, children in unsuitable educational placements, and children being taught remotely for extended periods,
- Claims against universities for failures of disciplinary investigations, unlawful exclusion and disenrollment, procedurally flawed academic assessment, breaches of a person’s right to freedom of speech, breaches of their right to an education, and discrimination.
- Claims against schools for unlawful use of disciplinary powers including exclusion and isolation, unlawful safeguarding breaches, and failures to lawfully investigate serious safeguarding matters.
- Unlawful assessments including Child in Need assessments, carers assessments, continuing healthcare assessments, and safeguarding investigations.
Notable Cases
JB v the Secretary of State for Education CO/749/2022
A judicial review concerning the rights of the children of Crown Servants stationed abroad to keep their education, health and care plan. The claim succeeded after permission was granted resulting in a change in government guidance.
Gajjar v University of Brighton
Decision to remove her, and secured damages.
R(P,G,W) v SSHD [2019] UKSC 3
This landmark judgment in the Supreme Court, which heard three linked cases, found that the criminal records disclosure regime was unlawful, and, in the case of G, the disclosure of youth reprimands or cautions in criminal record checks was a breach of his rights under Article 8 ECHR. Alex was the junior lawyer litigating the case on behalf of G, a young man who had reprimands on his criminal record from when he was 12 years old. The case received coverage in the press, including the BBC and The Guardian.
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Community Care Law
Overview
Alex acts against integrated care boards (ICBs) and local authorities in matters concerning social and healthcare provision to children and adults. Alex’s work includes claims for judicial review and he can also advise on complaints, appeals and money claims.
Alex acts in extended appeals, seeking recommendations on health and social care from the First Tier Tribunal.
Alex can challenge unlawful assessments, including Child in Need assessments, carers assessments, continuing healthcare assessments and safeguarding investigations. He has acted in cases concerning nursing and social care for children and young adults who are dependent on round-the-clock medical care, and for whom a withdrawal of care may be life-threatening. Alex has successfully prevented ICBs from withdrawing 1:1 support or reducing care packages.
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Discrimination Law
Overview
Alex advises in money claims against public authorities and private organisations for breaches of their duties under the Equality Act and Human Rights Act. Alex’s recent work includes:
- Advising on a local authority’s abuses of the First Tier Tribunal’s procedures intended to delay their obligation to provide SEND support, leading to a novel claim for damages in the county court.
- Advising on the failure by an exam board to grant reasonable adjustments to a child with SEND looking to take a cooking course, because the examination authority considered that it would undermine the course’s integrity.
- Bringing successful claims against independent schools for failure to admit children with SEND, and having unofficial caps on the numbers of children with EHCPs they are willing to admit.
- Challenging a university’s decision to ban a student from their campus due to their disability.
- Challenging failures of schools, colleges and universities to make reasonable adjustments.
- Religious discrimination in schools where detentions were arranged on the Sabbath, and where indefinite isolation was used as a punishment for not attending the detention.
