Clive Rawlings

Introduction & Contact details

Clive is a Legal 500 and Chambers UK leading specialist counsel who acts extensively in the High Court, County Court and Tribunal for applicants and respondents and is well respected and sought after for his client friendly and team approach.  He has particular insight into education matters due to his previous career as a teacher and education officer for children with special educational needs.  He has acted in several of the most recent and pivotal education law cases dealing with exclusions and admissions and the impact of the Human Rights Act.

"formidable advocate" - Chambers UK 2011

"impresses ‘with his preparation and attention to detail, and has the ability to dissect legal arguments in a simplistic way, which provides confidence to clients." - the Legal 500 2010

Clive has been appointed as Panel Counsel to the Equality and Human Rights Commission with effect from 1st February 2011.

Seminars

http://www.realtraining.co.uk/video/nasco/crawlings.html

Academic

He is on the Editorial Panel of Informa UK Education Law Course and wrote:

• Module 4: School Attendance
• Module 5: Behaviour, Discipline, Exclusion and Children out of school.

Qualifications

• BA Hons Philosophy
• PGE Education
• Dip Special Education
• CPE Wolsey Hall Oxford
• BVC Inns of Court School of Law  

Professional Associations

• Education Law Association

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

Education

Hardwicke’s Education team continues to be ranked as one of the top Education teams at the Bar. The Legal 500 2009 recommends Hardwicke’s ‘excellent clerking, particularly when speed is of the essence, with good business understanding‘.

Clive has acted in several of the most recent and pivotal education law cases dealing with exclusions and admissions and the impact of the Human Rights Act and has a consistent track record of appearances in the High Court. 

Clive has been appointed to the Disability Rights Commission litigation panel for education barristers.

Relevant Cases

EH v Kent County Council [2011] EWCA Civ 709

EH v KCC (SEN) 2010 UKUT 376 (AAC)
Clive Rawlings appears as Upper Tribunal rules in favour of local authority on latest line of Section 9 Education Act 1996 costs camparison cases upholding the principle and approach of 'additional LA burden' and 'marginal cost' established in Oxfordshire indicating that Slough and Coventry did not detract from that principle.

R (on the application of Wharton) v Kent County Council [2009] EWHC 1790 (Admin)
Case where the authority’s choice of school not in accordance with claimant's parents' wishes and whether the authority was acting irrationally or in breach of its public law duties in respect of refusal to amend the child’s statement.

Hammersmith and Fulham London Borough Council v First-Tier Tribunal (Health, Education and Social Care Chamber) and another [2009] EWHC 1694 (Admin)
Case of a child with learning difficulties where the parents appealed a decision of the authority where they decided the child should attend a new school.

R (Arratoon) v Office of the Independent Adjudicator for Higher Education [2008] EWHC 3125 (Admin)
Acted for the claimant in a case examining whether an adjudicator should have recommend that the university's appeal process be completed regarding a student on a PGCE.

R (on the application of P) v Haringey Borough Council [2008] EWHC 2357 (Admin)
Acted for the claimant in case examining the Governor's Disciplinary Committee decision to confirm a headteacher's decision to exclude the claimant's son with disabilities.

R (on the application of O) v Independent Appeal Panel of the London Borough of Tower Hamlets [2007] EWHC 1455 (Admin)
Case of the permanent exclusion of child following fight on school grounds.

T v Governing Body of OL School & SENDIST [2005] EWCH 753 Admin
Case concerning the school’s decision to exclude a child with a Special Education Needs Statement.

Governing Body of PPc v DS,. CAS & SENDIST [2005] EWCH 1036 Admin
Case examining disability discrimination in schools.

N, The Queen (ota) v the Headteacher of X School and others [2002] ELR 187
Case of bias within school. Two children had been excluded after a fight, and the decision to exclude one of the children was taken by a teacher who had been involved in the child’s case.

S, T and P v LB Brent and others, Oxfordshire CC Headteacher of Elliott School and others: SS for Education and Skills [2002] ELR 556
The appellants, S, T and P, whose individual appeals were heard together, had all been permanently excluded from their respective schools.

The Queen on the Application of B v the Head Teacher of Alperton Community School and others [2001] ELR 359, QB
The applicant had been refused admission to the school because his application to this Roman Catholic school was not supported by a priest's signature on the application form and so did not meet the admissions criteria for being accorded a high priority. They challenged the compatibility of the provisions with Art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (the Convention), asserting that the appeal panel was not an 'independent and impartial tribunal'.

R v Headmaster and Independent Appeal Committee of Dunraven School, ex parte B CA [2000] ELR 156
Judicial review case, regarding a child’s exclusion from and the fairness of a hearing before the governors and independent appeal committee, especially as regards reliance on statement of another pupil implicating applicant but not disclosed to applicant.

P v Swansea County Council & Davies [2000] QBD TLR 1
Although exceptional, it was lawful to name a pupil referral unit as an appropriate school for a child with special educational needs pursuant to part IV of the Education Act 1996.

Public Law

Clive has experience of all levels of administrative law courts and tribunals, including the High Courts, the Court of Appeal and the House of Lords. He has particular expertise in the duties of the statutory bodies, education law, judicial review, professional discipline and public liability.

Court of Protection & Mental Capacity

Clive accepts instructions for all matters heard by the Court of Protection, including questions of capacity and issues of welfare and property. He is familiar with article 5, article 8 and issues relating to residential care and mental health. He has experience of cases involving the Official Solicitor and other litigation friends.

Clive has recently acted in several Court of Protection cases raising important Article 8 issues including the following: the extent to which a vulnerable adult requires protection from sexual exploitation when exercising her right to sexual relations which involved a reconsideration of the  cases of X v MB NB MAB, and Re MM; the procedures to be applied in the use of Achieving Best Evidence interviews applying Re AS; and setting aside DOLi Orders. In addition he has acted to seek the discharge of a Financial Deputy and is presently  advising the Financial and Welfare Deputy in a complex case involving a severely disabled person.

Human Rights & Civil Liberties

Clive acts for both claimants (including children and vulnerable adults) and local authorities within this area including judicial review proceedings, claims in negligence and advisory work in respect of the duties of local authorities. He has secured successful outcomes for clients via this route.

Relevant Cases

The Queen on the Application of B v the Head Teacher of Alperton Community School and others [2001] ELR 359, QB
The applicant had been refused admission to the school because his application to this Roman Catholic school was not supported by a priest's signature on the application form and so did not meet the admissions criteria for being accorded a high priority. They challenged the compatibility of the provisions with Art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (the Convention), asserting that the appeal panel was not an 'independent and impartial tribunal'.

Judicial Review

Clive has developed a healthy judicial review practice since joining Hardwicke Building.  He acts on behalf of applicants and respondent local authorities in decisions ranging from education to medical spheres.

Relevant Cases

R (Arratoon) v Office of the Independent Adjudicator for Higher Education [2008] EWHC 3125 (Admin)
Acted for the claimant in a case examining whether an adjudicator should have recommend that the university's appeal process be completed regarding a student on a PGCE.

R (on the application of P) v Haringey Borough Council [2008] EWHC 2357 (Admin)
Acted for the claimant in case examining the Governor's Disciplinary Committee decision to confirm a headteacher's decision to exclude the claimant's son with disabilities.

R (on the application of O) v Independent Appeal Panel of the London Borough of Tower Hamlets [2007] EWHC 1455 (Admin)
Case of the permanent exclusion of child following fight on school grounds.

The Queen on the Application of B v the Head Teacher of Alperton Community School and others [2001] ELR 359, QB
The applicant had been refused admission to the school because his application to this Roman Catholic school was not supported by a priest's signature on the application form and so did not meet the admissions criteria for being accorded a high priority. They challenged the compatibility of the provisions with Art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (the Convention), asserting that the appeal panel was not an 'independent and impartial tribunal'.

R v Headmaster and Independent Appeal Committee of Dunraven School, ex parte B CA [2000] ELR 156
Judicial review case, regarding a child’s exclusion from and the fairness of a hearing before the governors and independent appeal committee, especially as regards reliance on statement of another pupil implicating applicant but not disclosed to applicant.w Association

Professional Discipline

Relevant Cases

R v General Medical Council and Interested Party QBD TLR
Case decided that GMC procedures must become open and comply with 1998 Human Rights Act.

Professional Negligence

Clive has a significant and successful professional negligence practice which focuses particularly on the negligence arising through education cases. He has a large amount of experience advising and representing individuals, private companies and local authorities in their litigation against negligent teachers, psychologists, care professionals, behavioural specialists, and legal advisors.

Relevant Cases

Toth v Jarman [2006] EWCA Civ 1028
Cinical negligence case argued before the Court of Appeal, examining whether a judgment should be set aside on the ground that an expert witness failed to disclose conflict of interest.