Jake is the Joint Head of the Education Law Team at No5 Barristers’ Chambers (with Ian Brownhill). He frequently appears in the First-tier Tribunal (Special Educational Needs and Disability) in relation to Educational, Health and Care Plans (“EHCPs”) and in claims of disability discrimination, both for parents and local authorities. Additionally, Jake represents parents and acts as an independent legal advisor/clerk at a range of hearings concerning school admissions and exclusions. He also advises on, and subsequently acts in, civil claims (including negligence and breach of statutory duty claims against educational institutions) and judicial review proceedings concerning the exercise of public law duties and powers in the context of education. Jake has experience of the complaints procedures utilised by schools and the Secretary of State for Education/Education and Skills Funding Agency.
Education Law is an integral part of Jake’s broad public law practice, which also encompasses practice areas such as Court of Protection, mental health law, and community care law. Jake is therefore able to advise and act in those cases in which there are overlaps between Education Law and other areas of public law.
Education, Health and Care Plan Appeals
Jake has a wealth of experience advising and acting in appeal proceedings before the First-Tier Tribunal in relation to EHCPs, including those appeals under the “National Trial” scheme wherein the First-Tier Tribunal may make recommendations on health and social care needs and provision. Jake has secured negotiated solutions to appeals, subsequently approved by the First-Tier Tribunal, as well as successfully argued for the recognition of specific needs and the inclusion of contested provision and placements within an EHCP.
Jake’s experience includes appeals against decisions: refusing to issue an EHCP; concerning the content of such plans; and seeking to cease to maintain an EHCP. As a result, Jake has encountered a wide range of issues from the appropriateness of specialist placements, to the use of a “waking day curriculum”, to the creation of bespoke packages of education otherwise than at school (“EOTAS”).
Jake has advised and acted in a number of disability discrimination claims before the First-Tier Tribunal, addressing the full breadth of recognised forms of discrimination under the Equality Act 2010.
Such claims have arisen from circumstances such as the imposition of permanent exclusions, responding to bullying, and failure to adjust school practices regarding participation in activities.
Admission Appeals and Exclusion Processes
Beyond the Courts and Tribunal system, Jake has represented parents or acted as an independent legal advisor/clerk at a range of hearings concerning matters of Education Law including:
- Governors’ Disciplinary Meetings (including appeals against permanent exclusions);
- Independent Review Panels (including challenges to permanent exclusions involving disability discrimination contrary to the Equality Act 2010); and
- Independent Appeals Panels (for school admissions), at Stage 1 and Stage 2.
Jake has acted in judicial review proceedings before the Administrative Court, including those concerning the duty to secure special educational provision in accordance with the terms of an EHCP. He has also provided advice and drafted documents at the pre-action stage with a view to seeking early resolution of potential claims.
Jake has advised on civil claims arising from the conduct of educational institutions, including those relating to safeguarding concerns, and covering causes of action such as negligence, breach of statutory duty and discrimination. When acting in education-related civil claims, Jake is able to draw on his trial experience acting for Claimants and Defendants (both fast track and small claims track).
Jake has advised on and provided drafting assistance in relation to education-related complaints procedures, whether internal to the institution or seeking external intervention from the Secretary of State for Education/Education Skills and Funding Agency.
Before entering practice, as part of the Legal Tools for Peace-Making Project, based at the Lauterpacht Centre for International Law (University of Cambridge), Jake contributed to the development of the award-winning Language of Peace research tool and drafted case studies on key issues arising in peace negotiations. Jake subsequently used these materials to provide training on international law and peace-making to international organisations, including the United Nations, European Union, and the Organization for American States.
Jake also acted as Research Assistant to Professor Marc Weller, assisting with academic publications and legal advisory work. He assisted Professor Weller in engagements concerning the conflicts and transitions in Syria, Yemen, Myanmar (Burma) and Transnistria (Moldova).
As well as securing debating accolades, Jake has competed extensively in mooting competitions during his academic stages of training. This includes achieving first place in the Freshfields Bruckhaus Deringer Mooting Competition (2011), and the runner-up place in the Incorporated Council of Law Reporting National Mooting Competition (2012), where he also achieved the distinction of Joint Best Oralist in the Final Round. He also reached the quarter finals of the Lincoln’s Inn Inter-Provider Mooting Competition (2016) and the Philip C. Jessup International Law Moot Court Competition on two occasions (2012 – 2013, 2013 – 2014). On the latter occasion, his team were also runners up for Best Applicant Memorial and Best Overall Memorials.
Walter Wigglesworth Pupillage Award (2017)
Buchanan Prize (2017)
Lord Denning Major Scholarship (2015)
Hardwicke Entrance Scholarship (2014)
BPP Law School:
Excellence Award Scholarship
University of Cambridge:
Philip C. Jessup International Law Moot Court Competition (2013 – 2014) – UK National Rounds Quarter Finalist; Runners Up for Best Applicant Memorial and Best Overall Memorials (c.25,000 words submission required as part of the mooting competition)
University of Leeds:
Hughes Extended Essay Prize for Highest Marked LLB Dissertation (2013)
Hogan Lovells Prize in Commercial Law (2012)
Sidley Austin LLP Prize in Advanced Legal Research and Law Reform (2012)
Allen and Overy Debating Competition – Runner Up (2012), Winner (2011)
College Research Associate, Wolfson College, University of Cambridge (2015 – Present)
Visiting Tutor and Examiner in International Law, University of Leeds (2014-2015)
Human Rights Lawyers Association (HRLA)
Administrative Law Bar Association (ALBA)
Young Legal Aid Lawyers (YLAL)
Court of Protection Practitioners’ Association (COPPA)
Criminal Bar Association
BPTC – BPP University, London (2015-2017) – Outstanding – 2nd in Year
LL.M (International) – University of Cambridge (2013-2014)
LL.B Law (Hons) – University of Leeds (2010-2013) – First Class – 1st in Year
Jake has published widely in the fields of public law, human rights law, international law, and EU law, and his work has been cited by national and international bodies such as the House of Lords Select Committee on the Constitution, the EU Parliament, and a dispute settlement panel of the World Trade Organization. It has also been featured in multiple House of Commons briefing papers, written by the House of Commons Library for Members of Parliament. Examples of published works include:
The Oxford Handbook of the Use of Force in International Law (Oxford University Press, 2015) (as Assistant Editor).
Articles and Book Chapters:
‘Attribution of Conduct in the Context of UN-Authorised International Military Operations: Serdar Mohammed before the Courts of England and Wales’ (2017) 55(1) Military Law and the Law of War Review 75
‘Delegated Legislation, Brexit, and the Courts’ (2017) 22(3) Judicial Review 320 (with Dr Joe Tomlinson)
‘Counterclaims in International Law’ in La Solución de Controversias en Derecho Internacional y Temas Vinculados: Liber Amicorum for Alejandro Turyn (Eudoba: Buenos Aires, 2017) (with Dr Michael Waibel, Cambridge)
‘Something New in Substantive Review: Keyu v Secretary of State for the Home Department’ (2016) 21(3) Judicial Review 204 (with Mr Joe Tomlinson).
‘Immigration and Refugee Law (2014-2015 Legal Year)’ (2015) 6 UK Supreme Court Yearbook 406.
‘Immigration Law (2013-2014 Legal Year)’ (2015) 5 UK Supreme Court Yearbook 338.
‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part II)’ (2014) 44(2) California Western International Law Journal 1.
‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part I)’ (2013) 44(1) California Western International Law Journal 39.
‘Provisional Measures and the Authority of the International Court of Justice: Sovereignty vs. Efficiency’ (2013) 1(1) Leeds Journal of Law and Criminology 45.
Written Evidence: Delegated Powers in the ‘Great Repeal Bill’ Inquiry’ (24 February 2017) House of Commons Procedure Committee (with Mr Joe Tomlinson).
‘Identifying the Language of Peace: Developing the Practical and Theoretical Framework of Peace-Making’ (4 January 2017) EJIL: Talk! (with Professor Marc Weller, Dr Tiina Pajuste, Dr Mark Retter and Ms Andrea Varga).
‘And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case’ (10 November 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson and Dr Duncan Fairgrieve).
‘The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke’ (27 July 2016) UK Constitutional Law Association Blog.
‘Neuberger’s Novelties: Keyu and the Substantive Review Debate’ (17 February 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson).
‘The Use of Force against ISIL in Libya and the Sounds of Silence’ (6 January 2016) EJIL: Talk!.