Ollie Persey

Year of Call: 2017

"What Ollie has is an outstanding intuition for a point that will run. He has a very acute eye for the point."

Chambers UK, 2025 (Administrative and Public Law)

"Ollie is committed to achieving the best for the client and is tenacious and creative in his approach. He is excellent at collaborating with instructing solicitors and is engaged and involved with all aspects of the case."

Legal 500, 2025 (Community Care)

"Ollie is junior but far ahead of his years of call. He is very client focused and committed to getting great outcomes."

Chambers UK, 2025 (Community Care)

"Ollie has an in-depth knowledge and understanding of the relevant law and has been able to achieve some excellent results in important legal challenges, particularly in relation to legal aid for education law issues."

Legal 500, 2025 (Education)

"A tireless advocate, who is always putting the client’s interests at the forefront of his advice."

Legal 500, 2024 (Administrative Law and Human Rights)

"Ollie is an expert in equalities legislation. He is consistently able to provide immediate concise, pragmatic and intelligent advice."

Legal 500, 2024 (Community Care)

"Ollie is extremely talented in forming creative arguments to achieve results for clients. He is an incredibly quick thinker, thorough, flexible and readily available when required."

Legal 500, 2024 (Education)

"Ollie is a committed, responsive and dedicated junior counsel, who is always on top of a huge variety of public law issues."

Chambers UK, 2024 (Administrative and Public Law)

Contact

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Ollie is a public law and human rights barrister. He is ranked in Chambers & Partners and the Legal 500 across his practice areas. Ollie won the Legal Aid Newcomer Award at the Legal Aid Lawyer of the Year (LALY) Awards 2024 and was a finalist for a ‘Junior of the Year’ award at the Legal 500 Awards 2022. He is a member of the Equality & Human Rights Commission’s panel of preferred counsel.

Ollie is the consultant editor of ‘Halsbury’s Laws on Judicial Review’ and a contributing author of the Legal Action Group textbooks, ‘Discrimination in Public Law’ and ‘Migrant Support Handbook’.

Ollie is a trustee of Southwark Law Centre, a director of the Education Law Association and a former co-chair of Young Legal Aid Lawyers. Prior to joining Garden Court, he was a lawyer at Public Law Project, an academic at the LSE and Oxford University and worked for the UN Special Rapporteur on Extreme Poverty and Human Rights.

Administrative Law & Human Rights

Overview

Ollie is ranked in the Legal 500 and Chambers & Partners for his administrative law and human rights practice. He acts in urgent and complex claims for judicial review as sole counsel and led junior. He has litigated at all levels, from the First-tier Tribunal to the European Court of Human Rights.

Ollie was a lawyer at Public Law Project for four years and is experienced in all aspects of judicial review litigation. He is happy to advise from the earliest stages of a potential claim. He is the consultant editor of ‘Halsbury’s Laws on Judicial Review’ and a contributing author of the Legal Action Group textbook, ‘Discrimination in Public Law’. He provides practical advice on securing funding, costs protection, evidence-gathering and working collaboratively with NGOs.

Ollie is a member of the Administrative Law Bar Association (‘ALBA’) Equality and Diversity Committee.

Notable Cases

Ollie’s notable recent administrative law and human rights cases include:

R (CWJ) v Director of Legal Aid Casework & Lord Chancellor, MIND intervening [2025] EWHC 306 (Admin): Landmark judgment in which the High Court recognised for the first time that the right to a fair hearing under Article 6 ECHR can be engaged in school exclusion appeals before an Independent Review Panel (‘IRP’). This opens up the possibility of legal aid being granted in a significant number of school exclusions appeals going forward. The claim was supported by the Equality and Human Rights Commission due to its significant wider public interest.

R (RWU) v A Governing Body of A Academy and London Borough of Southwark, Black Equity Organisation intervening [2025] EWCA Civ 147: The first case on the Article 4 ECHR protection duty , child criminal exploitation and permanent exclusions. The High Court and Court of Appeal judgments make clear the important protective role that schools play.

R(JX, by his litigation friend and mother, AX) v Devon County Council and Secretary of State for Education [2025]: High profile High Court challenge to the SEND ‘Safety Valve’ scheme by which local authorities agree to reduce spending on special educational needs provision in exchange for part of their deficit being reduced. Final hearing in January 2025. Judgment reserved.

R(JSH by his father and litigation friend, RRB) v Westmorland and Furness Council [2024] EWHC 3362 (Admin): Successful judicial review which clarified the law in respect of section 42 of the Children and Families Act 2014, making clear that local authorities need to be proactive and anticipate breaches of the duty to secure special educational provision.

R(L, by his litigation friend and mother, LC) v Hampshire County Council [2024] EWHC 1928: Successful judicial review providing authoritative guidance on the criteria for the High Court to grant a mandatory order requiring a local authority to secure special educational provision in a child’s EHCP.

R (A by his litigation friend, B) v North Central London Integrated Care Board and Haringey County Council [2024] EWHC 2682 (Admin): Successful judicial review and the first High Court judgment to consider the duty to secure healthcare provision in an Education, Health and Care Plan under section 42(3) Children and Families Act 2014.

ECPAT UK & Brighton & Hove City Council v SSHD [2023] EWHC 1953 (Admin) (Judgment No. 1); [2023] EWHC 2199 (Admin) (Judgment No. 2); [2023] EWHC 3030 (Admin) (Judgment No. 3); [2024] EWHC 1353 (Admin) (Judgment No. 4): Acted for a successful claimant in the high-profile and long-running  litigation challenging the SSHD’s use of hotels to accommodate unaccompanied asylum-seeking children outside of the National Transfer Scheme. The High Court granted the first-ever suspended quashing order with conditions attached. Over the course of 11 hearings and 4 judgments, the High Court supervised the closure of all the unlawful hotels.

Smith v Secretary of State for the Home Department, FFT and Liberty intervening [2024] EWHC 1137 (Admin): Acted for the Claimant in a case in which the High Court held that provisions in the Criminal Justice and Public Order Act 1994 (‘CJPO Act’) introduced by the Police, Crime, Sentencing and Courts Act 2022 (‘Police Act’), were incompatible with Article 14 of the European Convention on Human Rights (‘ECHR’) (the prohibition on discrimination) read with Article 8 ECHR (the right to private life), as they amount to unjustified discrimination against Gypsies and Travellers. The High Court took the significant and unusual step of issuing a declaration of incompatibility under Section 4 of the Human Rights Act 1998, which means that Parliament will have to review those provisions to ensure their compatibility with the ECHR.

The Commissioners for His Majesty’s Revenue and Customs v Mr Abubaker Arrbab [2024] EWCA Civ 16: Acted for Mr Arrbab, the respondent tax credit recipient, in getting parts of HMRC’s mandatory reconsideration regime struck out on the basis of it being introduced by ultra vires regulations. The Court of Appeal held that the regulations, which amended primary legislation, were made using a power that had not been intended for that purpose and unlawfully curtailed the right to access to justice. The legal team won the Citizens’ Advice ‘Most Outstanding Impact’ Award 2024 for representing Mr. Arrbab.

XYZ v City, University of London [2024]: Significant Court of Appeal case concerning procedural fairness in university internal investigations into allegations of sexual violence. The case was conceded by City University shortly before a final hearing, with a detailed statement of reasons and the Appellant awarded their costs. The Lady Chief Justice, at an earlier hearing, also provided guidance regarding the Office of the Independent Adjudicator as an alternative remedy to judicial review.

Derbyshire NHS Foundation Trust v Secretary of State for Health and Social Care [2023] EWHC 3182 (Admin): Acted for a mental health patient in successfully resisting a hospital trust’s application to weaken procedural safeguards for renewing Community Treatment Orders (‘CTOs’), under the Mental Health Act 1983.

R (TZA) v A Secondary School [2023] EWHC 1722 (Admin): The leading High Court case on the Public Sector Equality Duty (‘PSED’) and school exclusions. Permission to appeal to the Court of Appeal granted.

R (AI) v London Borough of Wandsworth and Secretary of State for Education [2023] EWHC 2088 (Admin): High Court case concerning PSED-compliance in securing special educational provision for a transgender young person.

GP v Lime Trust, Equality and Human Rights Commission Intervening [2023] UKUT 77 (AAC): Test case on the jurisdiction of the First-tier Tribunal to consider PSED compliance in disability discrimination claims against schools.

R (CR) (by their litigation friend, TI) v Director of Legal Aid Casework and Lord Chancellor [2023] EWCA Civ 717: A successful systemic challenge in the High Court that led to the Lord Chancellor expanding legal aid eligibility for Looked After Children in SEND Tribunal proceedings, with satellite litigation in the Court of Appeal on retrospective modification of Costs Capping Orders (‘CCOs’).

HZ & Ors v SSHD [2023] EWHC 660 (Admin): Acted for the claimants in a high-profile test case challenging the operation of the Afghan bridging hotels scheme.

Contact Ollie

Community Care Law

Overview

Ollie is ranked in Chambers & Partners and the Legal 500 for his community care practice, which spans age assessments, asylum support, welfare benefits, and health and social care. He is a contributing author of Legal Action Group’s ‘Migrant Support Handbook’.  He co-convenes Garden Court’s Community Care Team and the Deaf Legal Network.

Notable Cases

Ollie’s recent notable community care cases include:

R (A by his litigation friend, B) v North Central London Integrated Care Board and Haringey County Council [2024] EWHC 2682 (Admin): Successful judicial review and the first High Court judgment to consider the duty to secure healthcare provision in an Education, Health and Care Plan under section 42(3) Children and Families Act 2014. Permission to appeal to the Court of Appeal granted in respect of restitution for unjust enrichment issues.

AYW & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 3291 (Admin): Successful judicial review in which the High Court granted a mandatory order requiring the Home Office to accommodate two asylum seekers (a mother and a severely disabled child) in adequate accommodation. The High Court provided important guidance on the application of the Imam v Croydon criteria in this context.

ECPAT UK & Brighton & Hove City Council v SSHD [2023] EWHC 1953 (Admin) (Judgment No. 1); [2023] EWHC 2199 (Admin) ; [2023] EWHC 3030 (Admin)  [2024] EWHC 1353 (Admin) (Judgment No. 4): Acted for a successful claimant in the high-profile and long-running  litigation challenging the SSHD’s use of hotels to accommodate unaccompanied asylum-seeking children outside of the National Transfer Scheme. The High Court granted the first-ever suspended quashing order with conditions attached. Over the course of 11 hearings and 4 judgments, the High Court supervised the closure of all the unlawful hotels.

The Commissioners for His Majesty’s Revenue and Customs v Mr Abubaker Arrbab [2024] EWCA Civ 16: Acted for Mr Arrbab, the respondent tax credit recipient, in getting parts of HMRC’s mandatory reconsideration regime struck out on the basis of it being introduced by ultra vires regulations. The Court of Appeal held that the regulations, which amended primary legislation, were made using a power that had not been intended for that purpose and unlawfully curtailed the right to access to justice. The legal team won the Citizens’ Advice ‘Most Outstanding Impact’ Award 2024 for representing Mr. Arrbab.

Derbyshire NHS Foundation Trust v Secretary of State for Health and Social Care [2023] EWHC 3182 (Admin): Acted for a mental health patient in successfully resisting a hospital trust’s application to weaken procedural safeguards for renewing Community Treatment Orders (‘CTOs’), under the Mental Health Act 1983.

HZ & Ors v SSHD [2023] EWHC 660 (Admin): Acted for the claimants in a high-profile test case challenging the operation of the Afghan bridging hotels scheme.

Contact Ollie

Education Law

Overview

Ollie is ranked in Chambers & Partners and the Legal 500 for his education law practice and co-convenes Garden Court’s Education Law team.

He acts for children, young people and families in all forums where education law issues arise, including the First-tier Tribunal, the Upper Tribunal, the Administrative Court, university panels, governing body disciplinary committees and independent review panels.

Ollie is committed to addressing discrimination against marginalised children and young people in the education system. He is a trustee of the Education Law Association (‘ELAS’), sits on the steering committee of the School Inclusion Project (‘SIP’) and provides pro bono support to Southwark Law Centre’s new school exclusion unit. Ollie chairs the annual Legal Action Group Education Law Conference, which is sponsored by Garden Court’s Education Law Team.

Notable Cases

Ollie’s recent notable education law cases include:

R (CWJ) v Director of Legal Aid Casework & Lord Chancellor, MIND intervening [2025] EWHC 306 (Admin): Landmark judgment in which the High Court recognised for the first time that the right to a fair hearing under Article 6 ECHR can be engaged in school exclusion appeals before an Independent Review Panel (‘IRP’). This opens up the possibility of legal aid being granted in a significant number of school exclusions appeals going forward. The claim was supported by the Equality and Human Rights Commission due to its significant wider public interest.

R (RWU) v A Governing Body of A Academy and London Borough of Southwark, Black Equity Organisation intervening [2025] EWCA Civ 147: The first case on the Article 4 ECHR protection duty , child criminal exploitation and permanent exclusions. The High Court and Court of Appeal judgments make clear the important protective role that schools play.

R(JX, by his litigation friend and mother, AX) v Devon County Council and Secretary of State for Education [2025]: High profile High Court challenge to the SEND ‘Safety Valve’ scheme by which local authorities agree to reduce spending on special educational needs provision in exchange for part of their deficit being reduced. Final hearing in January 2025. Judgment reserved.

R(JSH by his father and litigation friend, RRB) v Westmorland and Furness Council [2024] EWHC 3362 (Admin): Successful judicial review which clarified the law in respect of section 42 of the Children and Families Act 2014, making clear that local authorities need to be proactive and anticipate breaches of the duty to secure special educational provision.

R(L, by his litigation friend and mother, LC) v Hampshire County Council [2024] EWHC 1928: Successful judicial review providing authoritative guidance on the criteria for the High Court to grant a mandatory order requiring a local authority to secure special educational provision in a child’s EHCP.

R (A by his litigation friend, B) v North Central London Integrated Care Board and Haringey County Council [2024] EWHC 2682 (Admin): Successful judicial review and the first High Court judgment to consider the duty to secure healthcare provision in an Education, Health and Care Plan under section 42(3) Children and Families Act 2014.

EM v Royal Borough of Windsor and Maidenhead [2024] UKUT 317 (AAC): Successful Upper Tribunal appeal that clarified that the test for ceasing to maintain an EHCP does not include the question of whether a certain level of educational attainment could be reached in proportion to the amount of provision.

DJ v The Proprietor of Wellington College [2024]: Successful Upper Tribunal guidance case brought on behalf of a disabled child against the well-known private school. The judgment provides important guidance on the need for a “critical assessment” of the question of proportionality under section 15 Equality Act 2010.

XYZ v City, University of London [2024]: A significant Court of Appeal case concerning procedural fairness in university internal investigations into allegations of sexual violence. The case was conceded by City, University of London shortly before a final hearing, with a detailed statement of reasons and the Appellant awarded their costs. The Lady Chief Justice, at an earlier hearing, also provided guidance regarding the Office of the Independent Adjudicator as an alternative remedy to judicial review.

R (TZA) v A Secondary School [2023] EWHC 1722 (Admin): The leading High Court case on the Public Sector Equality Duty (‘PSED’) and school exclusions. Permission to appeal to the Court of Appeal granted.

LC and RC v Hampshire County Council [2023] UKUT 281 (AAC):  Upper Tribunal case on the test that should be applied when section I of an EHCP is in dispute.

R (AI) v London Borough of Lambeth and Secretary of State for Education [2023] EWHC 2088 (Admin): High Court case concerning PSED-compliance in securing special educational provision for a transgender young person.

GP v Lime Trust, Equality and Human Rights Commission intervening [2023] UKUT 77 (AAC): Test case on the jurisdiction of the First-tier Tribunal to consider PSED compliance in disability discrimination claims against schools.

R (CR) (by their litigation friend, TI) v Director of Legal Aid Casework and Lord Chancellor [2023] EWCA Civ 717: A successful systemic challenge in the High Court that led to the Lord Chancellor expanding legal aid eligibility for Looked After Children in SEND Tribunal proceedings, with satellite litigation in the Court of Appeal on retrospective modification of Costs Capping Orders (‘CCOs’).

Contact Ollie

Mental Health Law

Overview

Ollie has a busy mental health law practice. He welcomes instructions in a broad range of mental health matters, including appeals to the First-tier Tribunal and Upper Tribunal, applications for habeas corpus and applications to displace nearest relatives. He has a particular interest in section 117 aftercare issues.

Due to his expertise in Court of Protection matters, he is well-placed to act in cases raising mental capacity issues. He has significant expertise in child and adolescent mental healthcare and draws upon his background in special educational needs and disability law to provide holistic and practical advice.

Notable Cases

Ollie’s recent notable mental health cases include:

Derbyshire NHS Foundation Trust v Secretary of State for Health and Social Care [2023] EWHC 3182 (Admin): Acted for a mental health patient in successfully resisting a hospital trust’s application to weaken procedural safeguards for renewing Community Treatment Orders (‘CTOs’), under the Mental Health Act 1983.

PQR v Derbyshire Healthcare NHS Foundation Trust [2023] UKUT 195 (AAC): Upper Tribunal appeal concerning the First-tier Tribunal’s jurisdiction to determine whether a CTO had been lawfully renewed.

MB v South London & Maudsley NHS Foundation Trust (Mental Health) [2023] UKUT 261 (AAC): Successful Upper Tribunal appeal regarding whether the First-tier Tribunal’s refusal of the patient’s application to reinstate his application for review of his section involved an error of law.

Contact Ollie

Ollie Persey

Notable Cases & News

Garden Court Chambers celebrates 50th Anniversary

This year marks 50 years of Garden Court Chambers winning ground-breaking cases of constitutional importance.

Friday 31 May 2024

High Court quashes ‘irrational’ post-16 home-to-school transport package following successful judicial review

Ollie Persey and Alex Temple of the Garden Court Education Law Team, instructed by Rachael Smurthwaite of Irwin Mitchell, acted for the successful Claimant in TYC (by his litigation friend and mother, KVD) v Birmingham City Council [2025] EWHC 623 (Admin).

Monday 24 Mar 2025

Important High Court ruling paves way for legal aid for school exclusion appeals

The case was brought by Coram Children’s Legal Centre and supported by EHRC. Stephanie Harrison KC & Ollie Persey of Garden Court, instructed by Sabrina Simpson and Mital Raithatha of CCLC, represented the Claimant. MIND intervened, represented by Grace Brown & Nadia O’Mara of Garden Court.

Friday 14 Feb 2025

Court of Appeal orders urgent hearing in important case on child criminal exploitation and school exclusions

The Appellant is represented by Nicola Braganza KC, Ollie Persey and Alex Temple of Garden Court Chambers. They are assisted by Maya Thomas Davis (first six pupil). In the High Court, the Appellant was also represented by Harry Harris. They are instructed by Kate Ward and Karen May at Bindmans LLP assisted by Tatyana Koleva.

Tuesday 4 Feb 2025

School Inclusion Project, Ollie Persey and the Case of Finch v Surrey County Council shortlisted at LexisNexis Legal Awards 2025

We are delighted to announce that the School Inclusion Project has been shortlisted for The Halsbury Award for Rule of Law, the case of Finch v Surrey County Council [2024] UKSC 20 has been shortlisted for Case of the Year and Ollie Persey has been shortlisted for Legal Personality of the Year at the LexisNexis Legal Awards 2025.

Thursday 16 Jan 2025

High Court Provides Important Guidance on the ‘Absolute Duty’ to Secure Special Educational Provision

Ollie Persey, of the Garden Court Chambers Public Law and Education Law Teams acted for the successful Claimant, instructed by Helen Barker of Irwin Mitchell LLP.

Monday 23 Dec 2024

High Court quashes ‘irrational’ post-16 home-to-school transport package following successful judicial review

Ollie Persey and Alex Temple of the Garden Court Education Law Team, instructed by Rachael Smurthwaite of Irwin Mitchell, acted for the successful Claimant in TYC (by his litigation friend and mother, KVD) v Birmingham City Council [2025] EWHC 623 (Admin).

Monday 24 Mar 2025

Important High Court ruling paves way for legal aid for school exclusion appeals

The case was brought by Coram Children’s Legal Centre and supported by EHRC. Stephanie Harrison KC & Ollie Persey of Garden Court, instructed by Sabrina Simpson and Mital Raithatha of CCLC, represented the Claimant. MIND intervened, represented by Grace Brown & Nadia O’Mara of Garden Court.

Friday 14 Feb 2025

Court of Appeal orders urgent hearing in important case on child criminal exploitation and school exclusions

The Appellant is represented by Nicola Braganza KC, Ollie Persey and Alex Temple of Garden Court Chambers. They are assisted by Maya Thomas Davis (first six pupil). In the High Court, the Appellant was also represented by Harry Harris. They are instructed by Kate Ward and Karen May at Bindmans LLP assisted by Tatyana Koleva.

Tuesday 4 Feb 2025

School Inclusion Project, Ollie Persey and the Case of Finch v Surrey County Council shortlisted at LexisNexis Legal Awards 2025

We are delighted to announce that the School Inclusion Project has been shortlisted for The Halsbury Award for Rule of Law, the case of Finch v Surrey County Council [2024] UKSC 20 has been shortlisted for Case of the Year and Ollie Persey has been shortlisted for Legal Personality of the Year at the LexisNexis Legal Awards 2025.

Thursday 16 Jan 2025

High Court Provides Important Guidance on the ‘Absolute Duty’ to Secure Special Educational Provision

Ollie Persey, of the Garden Court Chambers Public Law and Education Law Teams acted for the successful Claimant, instructed by Helen Barker of Irwin Mitchell LLP.

Monday 23 Dec 2024

Home Office ordered to provide adequate asylum accommodation to mother and severely disabled child following successful judicial review

The successful Claimants were represented by Ollie Persey, of the Garden Court Chambers Public Law and Community Care Teams, instructed by Chessie Aeron-Thomas of Coram Children’s Legal Centre.

Thursday 19 Dec 2024

Background

Ollie taught public law at the London School of Economics and was a researcher in international human rights law at Oxford University. He is a former co-chair of Young Legal Aid Lawyers.

Before returning to England to qualify as a barrister, Ollie undertook postgraduate studies and worked in the USA.  He was a legal fellow at the American Civil Liberties Union (ACLU) and a researcher for the UN Special Rapporteur on Extreme Poverty and Human Rights, Professor Philip Alston.

Publications

Ollie regularly writes for Legal Action magazine. He contributed to many of Public Law Project’s briefings on Brexit-related legislation and has been published in several law journals, including the Journal of Immigration, Asylum and Nationality Law and the European Human Rights Reports.

Co-author of Legal Action Magazine – Environmental Law: Update (October 2023)

Awards

Peter Duffy Scholarship, Bar European Group (2019)
Conference Scholarship, Administrative Law Bar Association (2018)
Shelford Scholarship, Lincoln’s Inn (2018)
Sir Geoffrey Nice Bursary, Lincoln’s Inn (2017)
Master of the Moots Scholarship, University of Law (2016)
Lord Denning Scholarship, Lincoln’s Inn (2016)
Residential Scholarship, Lincoln’s Inn (2016)
Human Rights Emerging Scholarship Prize, New York University School of Law (2015)
Kirkland & Ellis Scholarship, New York University School of Law (2014)

Training and seminars

Ollie is a former university lecturer and experienced in delivering training. He frequently speaks at Garden Court webinars and various legal conferences (including for the Public Law Project and the Legal Action Group) and is happy to provide pro bono training to law firms and NGOs.

Education

BPTC, University of Law
LLM (International Legal Studies), New York University School of Law
BA (Hons) Jurisprudence, St Hugh’s College, Oxford University

Professional Memberships

Administrative Law Bar Association (Equality and Diversity Committee)
Bar European Group
Court of Protection Bar Association (Committee)
Education Law Association (Committee)
FreeBar
Liberty (former Policy Council member)
Human Rights Lawyers Association
Young Legal Aid Lawyers (Committee member and former co-chair)

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