Deborah Hay

Introduction & Contact details

Deborah's practice covers Education, Community Care and Public and Administrative Law.  She has a particular interest in Human Rights work in these fields.  Deborah regularly speaks and lectures at many conferences and seminars in this field (including BLS, CLT, IBC and Public Law Project training conferences) and is a member of the Disability Rights Commission Panel on Education Law a member of the Education Law Practitioners Group Management Committee. 

Deborah appears in The Legal 500 and Chambers UK as an expert in her field.

"practical and accessible advice which leads to outstanding results."  - Chambers UK 2011

Qualifications

• BA (Hons) 

Professional Associations

• Administrative Law Bar Association

T:   020 7242 2523 (switchboard)
F:   020 7691 1234
E:   deborah.hay@hardwicke.co.uk

Education

The Legal 500 and Chambers UK recommend Hardwicke’s Education team as one of the top Education teams at the Bar. It goes onto praise Hardwicke’s ‘excellent clerking, particularly when speed is of the essence, with good business understanding‘. The directory recommends every single member of the team and considered Deborah Hay to be ‘outstanding’. Chambers called her arguing before the SENDIST tribunal as ‘very effective’. Deborah’s work includes:

• admissions, exclusions, special educational needs and higher and further education; 
• professional negligence and personal injury work, including complex claims for bullying and injuries arising at school.

She has a particular interest in Human Rights work in these fields. She has appeared in numerous reported cases including leading educational negligence cases.

Relevant Cases

South Gloucestershire LEA v The South Gloucestershire School Appeals Panel [2002] ELR 309
Acted for the Defendants in a case concerned with School admissions and the criteria the LEA used for their decisions. The case particularly discussed discrimination between siblings on the grounds of residence as well as issues arising under Art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.

School Admission Appeals Panel For The London Borough Of Hounslow V The Mayor And Burgesses Of The London Borough Of Hounslow [2002] Ewca Civ 900
Case concerning the lawfulness of the local education authority’s admission criteria as well as whether judicial review was a more appropriate forum.

Phelps v London Borough of Hillingdon;; Anderton v Clwyd County Council;; G v London Borough of Bromley;; Jarvis v Hampshire County Council [2000] ELR 499
The House of Lords decided four appeals with similar issues together. Case considered vicarious and direct responsibility of the local education authority in respect of alleged breaches of duty in relation to children with special educational needs by educational psychologists and others employed by local education authority.

X and others (minors) v Bedfordshire County Council [1995] 3 All ER 353
Case concerning alleged breaches of duty by the local authority. The issue was whether the careless performance by a local authority of its statutory duties relating to the education and welfare of children could found an action for negligence by children adversely affected by the local authority’s actions.

Public Law

Deborah has experience of all levels of administrative law courts and tribunals, including the High Courts, the Court of Appeal and the House of Lords and has experience of general civil work in the County and High Court, advising and representing parents and local authorities in a large number of educational negligence claims, having achieved the highest recorded settlement in such cases to date.

Central & Local Government

Deborah’s work involves a large amount of work both representing and opposing government authorities and local education authorities in particular.

Relevant Cases

School Admission Appeals Panel For The London Borough Of Hounslow V The Mayor And Burgesses Of The London Borough Of Hounslow [2002] Ewca Civ 900
Case concerning the lawfulness of the local education authority’s admission criteria as well as whether judicial review was a more appropriate forum.

X and others (minors) v Bedfordshire County Council [1995] 3 All ER 353
Case concerning alleged breaches of duty by the local authority. The issue was whether the careless performance by a local authority of its statutory duties relating to the education and welfare of children could found an action for negligence by children adversely affected by the local authority’s actions.

Discrimination

Her practice covers all aspects of discrimination law, and naturally overlaps with her work in Juducial Review and Local Government. Deborah has considerable experience advising and representing clients with Special Educational Needs and disabilities who have experienced discrimination through decisions taken by their local education authorities.

Relevant Cases

South Gloucestershire LEA v The South Gloucestershire School Appeals Panel [2002] ELR 309
Acted for the Defendants in a case concerned with School admissions and the criteria the LEA used for their decisions. The case particularly discussed discrimination between siblings on the grounds of residence as well as issues arising under Art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.

Judicial Review

Deborah accepts instructions from all types of clients for advisory, drafting and practical work. Her experience in pursuing JRs is particularly effective as an aide to the rest of her public law practice.

Relevant Cases

School Admission Appeals Panel For The London Borough Of Hounslow V The Mayor And Burgesses Of The London Borough Of Hounslow [2002] Ewca Civ 900
Case concerning the lawfulness of the local education authority’s admission criteria as well as whether judicial review was a more appropriate forum.

Professional Negligence

Deborah’s professional negligence work has involved:

• acting for local authorities and private companies in prosecution against their advisors
• undertaking work involving lawyers in litigation and advisory work
• acting for individuals in their action against negligent psychologists and care professionals

Relevant Cases

Phelps v London Borough of Hillingdon;; Anderton v Clwyd County Council;; G v London Borough of Bromley;; Jarvis v Hampshire County Council [2000] ELR 499
The House of Lords decided four appeals with similar issues together. Case considered vicarious and direct responsibility of the local education authority in respect of alleged breaches of duty in relation to children with special educational needs by educational psychologists and others employed by local education authority.