Luke McLean

Overview

Private children’s law
Luke has a busy practice dealing with a range of private law matters including matters involving child arrangement orders, prohibited steps orders, and specific issue orders. He represents individuals at First Hearing Dispute Resolution Appointments, Direction Appointments, Fact-Finding Hearings and Final Hearings. Luke has also appeared before the Court making complex arguments. In a recent case, Luke successfully persuaded a Court to revoke parental responsibility.

Public Law
Luke has a busy public law practice acting for both the Parent and Local Authorities. Luke appears in ICO hearings, IRH and final hearings. Luke has substantial experience dealing with matters involving allegations of domestic abuse and drug and alcohol misuse. Luke has also appeared in cases relating to Non-Accidental Injury and neglect. Luke has acted in obtaining Emergency Protection Orders and obtaining a last-minute recovery order in the High Court

Notable Cases

Re N (Transfer of Residence) – Watford Family Court (2025)
Represented the Mother in protracted Children Act proceedings involving prior findings of domestic abuse and allegations of parental alienation. Following fact-finding and multiple failed Improving Child and Family Arrangements (ICFA) reintroductions, the court ordered a transfer of residence to the Father. Made immediate applications for permission to appeal and secured a short stay of the order. Case involved detailed cross-examination of Cafcass and complex PD12J and Presidential Guidance on Parental Alienation analysis.

Re W (Habitual Residence: Spain/England) – Canterbury Family Court (2026)
Acted for the Mother in contested jurisdiction proceedings following dismissed Hague Convention return proceedings. Successfully argued that a 3-year-old child was habitually resident in England and Wales under s.3 Family Law Act 1986. The court confirmed jurisdiction, applying modern Supreme Court authority on integration and primary carer dependency.

Re J (Fact-Finding: Serious Domestic Abuse) – Watford Family Court (2026)
Represented the Mother in a fact-finding hearing involving allegations of physical violence, rape, coercive control, and substance misuse. The court found the majority of allegations proved, including serious sexual and physical abuse. Judgment engaged PD12J and required detailed triangulation of evidence and credibility analysis.

Re H (Rape and Coercive Control) – Central Family Court (2025)
Appeared for the Mother in private law proceedings involving multiple allegations of rape, physical assault, economic abuse, and post-separation coercive control. At reserved judgment, the court found the allegations proved. Required careful handling of vulnerable witness evidence and submissions on welfare impact.

Re M (Public Law: Final Supervision Order) – Luton Family Court (2025)
Represented the Mother throughout the entirety of care proceedings and at final hearing. The court approved a 12-month supervision order with supported contact and a structured risk assessment before progression to unsupervised time. Issues included parental mental health, inconsistency, and proportionality in contact planning.

Re S (Care & Placement Order: Overseas Family Placement Issues) – West London Family Court (2026)
Appeared for the Local Authority in 73-week care proceedings concerning proposed placement with family in India. The case involved complex issues of consular engagement, immigration documentation, Re E compliance, and delay versus permanence analysis. The court made final care and placement orders, concluding that adoption was the only realistic option.

Re H (Final Care & Placement Order) – Milton Keynes County Court (2025)
Represented the Local Authority at a 3-day final hearing seeking care and placement orders. Cross-examined proposed Special Guardian on delay, insight, risk management and capacity. The court dispensed with parental consent and authorised placement for adoption.

Re E (Non-Accidental Injury Allegations) – East London Family Court (2024)
Appeared in 10-day final hearing involving alleged non-accidental burn injuries. Cross-examined paediatric and social work witnesses and made threshold submissions. The case involved complex factual dispute, forensic medical evidence, and issues of parental engagement and domestic abuse allegations.

Re R (Contact Progression & PD12J) – Central Family Court (2026)
Represented the Father in contested final hearing concerning progression from long-term supervised contact in a PD12J case. Cross-examined Cafcass who opposed progression of contact, regarding risk, proportionality and absence of safeguarding concerns after two years of positive contact. The court ordered staged progression to unsupervised contact upon completion of a perpetrator programme going against Cafcass reccomendations.

Overview

Luke has experience dealing with private law family matters involving non-molestation orders, occupation orders, and transfer of tenancy. Luke has been involved with various fact-finding and final hearings under the Family Law Act 1996.

Overview

Luke represents clients in proceedings under the Matrimonial Causes Act 1973. He represents parties at all stages in financial remedy proceedings. Luke has also successfully represented clients in relation to parties seeking periodic payments for child maintenance and lump-sum payments under the Matrimonial Causes Act 1973.

Luke is also able to represent parties involved in TOLATA proceedings. Luke welcomes instructions in this area.

Notable Cases

S v M (Financial Remedy: Property Division) – Central Family Court (2025)
Represented the Husband in a contested final hearing concerning whether a second property should be treated as matrimonial. The court held that the property remained non-matrimonial, but ordered the sale of the family home and division of the proceeds. The Husband received 50% of the net proceeds with a clean break order between the parties.

P V H & (Intervenor Debt Claim) – Central Family Court (2025)
Represented an intervenor seeking recognition of a £100,000 loan secured against matrimonial property. Successfully argued that the loan was genuine and not a sham. The court confirmed the validity of the legal charge and ordered repayment from the proceeds of sale after secured creditors, before discharging the intervenor from the proceedings.

G V G (Financial Remedy: Short Marriage) – Oxford Family Court (2025)
Represented the Wife in a two-day financial remedy final hearing concerning the status of a pre-marital property and alleged undisclosed savings. Cross-examined the Husband on property valuations, pension issues including the McCloud remedy, and financial contributions.

S v W (Financial Remedies: Pension & Child Provision) – Central Family Court (2026)
Represented the Wife in contested final hearing concerning pension sharing (50–60%), child-focused periodical payments and jurisdiction under s.23 MCA 1973 in light of the Child Support Act. Case involved issues of disclosure, CMS interaction, statutory charge, Universal Credit treatment, and late evidential applications. Judgment reserved.

Overview

Luke is building a practice in court of protection work, particularly in relation to best interests determinations, mental capacity issues and lasting power of attorneys.

Notable Cases

A v B 2024 – Advised and represented the respondent in an application to revoke two LPA’s where it was alleged the donor was subject to undue influence.

Overview

Luke welcomes instructions in inquests and inquiries work. Before coming to chambers, Luke worked for a local authority on the independent inquiry into child sexual abuse carrying out a variety of tasks, including dealing with subject access requests and reviewing historical files.

Luke most recently worked on the Grenfell Tower Inquiry, carrying out tasks in preparation for the Phase 1 hearings.

Notable Cases

Inquest into the Death of  Ms V – South London Coroner’s Court (2025)
Acted for the family in a contested inquest concerning alleged failures in sepsis recognition and discharge decision-making. Made detailed submissions seeking independent expert evidence in emergency medicine and infectious disease, raising issues of NEWS2 application and Article 2 engagement.

Overview

“Thank you for taking such good care of me during the court case. I never wanted to be in that situation, but you made every effort to make me as feel as safe as possible. I truly appreciate it.” – Client, 2024

“Luke represented me yesterday in my child arrangements matter. I was very impressed.” – Client, 2024

“You’ve done a good job today. Thank you.” – Client, 2024

“Overall, I would like to say many thanks for your service in this difficult case, which concluded in my favour.” – Client, 2023

“Thank you Luke. This is an amazing outcome!” – Solicitor, 2023

“Luke was happy to discuss the case and go through the evidence at length, meaning we were able to find the direct contradictions and faults in the prosecution’s case.” – Client, 2020

“Luke did an excellent job at drafting the representations which resulted in this case being discontinued.” – Kamal Channa, Solicitor, 2020

“A massive thank you to Luke who represented two of our clients pro bono this morning. Combined, they had been detained more than 13 months through a pandemic. Two bail grants.” – Bail for Immigration Detainees, 2020