Benjamin Harrison

Viewing: Education Law for Benjamin Harrison

Ben is instructed by local authorities and parents in appeals concerning Education Health Care Plans and discrimination claims under the Equality Act 2010. He has extensive experience before the FTT and also challenging those decisions by way of appeals to the Upper Tribunal.
Before coming to the Bar, Ben volunteered for an educational charity and represented students who had been permanently excluded from their schools before Governing Body appeal panels and Independent Review Panels (IRPs). He has appeared on a number of occasions before IRPs and has successfully persuaded the panel to quash the decision to permanently exclude students from school. He continues to accept instructions in this area, from both parents and schools.
Ben is keen to retain a broad practice in education law, especially in the context of cases involving school admissions and Special Educational Needs provision.
Notable Cases
F v A local authority [2021]
Ben was instructed on behalf of parents in respect of an appeal against Sections B, F and I of an EHC Plan. Ben’s early advice helped to secure a concession that a waking day curriculum be provided in Section F of the Plan, such that the parent’s preferred boarding school was ultimately named in Section I.
R v A local authority [2020]
Ben is instructed on behalf of parents in respect of an appeal against Sections B, F and I of an EHC Plan. Social and health provision—in line with the national trial—is also in issue. The student’s needs are highly complex.
K v A local authority [2020]
Ben acted on behalf of a student in an appeal against sections B, F and I of an EHC Plan. The local authority sought an adjournment so that they could obtain a further SALT assessment out of time. Ben was successful in (i) resisting this application and (ii) ensuring that the SALT evidence preferred by his client was inserted into the student’s EHC Plan.
K v A local authority [2019]
Ben represented a parent in their application for permission to appeal to the Upper Tribunal (AAC).
H v A local authority [2019]
Ben represented a local authority in complex proceedings where the FTT ordered—on the back of an agreement Ben negotiated—the trialling of a bespoke package of education in a location otherwise than in a school setting.
E v A local authority [2019]
Ben acted on behalf of a student in a discrimination claim under the Equality Act 2010. He advised on the costs jurisdiction available to the FTT in SEND claims.
R v A local authority [2019]
Ben acted on behalf of a local authority and defended the decision not to issue an EHC Plan.
Awards
BPTC Scholarship: The William Shakespeare Memorial Award, Gray’s Inn
BPTC Scholarship, BBP University
Foundation Scholarship, Pembroke College, Cambridge
College Prize, Pembroke College, Cambridge
Winner of the Brick Court Team Moot, University of Cambridge (2015)
Finalist in the Quadrant Chambers Fledglings Moot Competition, University of Cambridge (2015)
Memberships
The Honourable Society of Gray’s Inn
Ecclesiastical Law Society
Qualifications
M.A. (Cantab.) Law

Latest News & Publications

The client was appealing a decision of the Disclosure Barring Service (DBS) to include his name on the Children’s Barred List...

Date: Wed, 12 May 2021
The Social Care Institute for Excellence (SCIE) has recently published guidance (July 2020) which aims to help people across social care and health settings apply the best interests decision making framework contained in the Mental Capacity Act 2005 for or on behalf of people who lack capacity in the context of the COVID-19 pandemic....

Date: Tue, 28 Jul 2020
In R (on the application of EG) v The Parole Board of England and Wales and Secretary of State for Justice [2020] EWHC 1457 (Admin) the High Court held that the Parole Board Rules 2019 contain a power for the Parole Board to appoint a litigation friend to act on behalf of prisoners who lack capacity to conduct their parole review....

Date: Mon, 15 Jun 2020