David Lawson

Introduction & Contact details

"...reputation is really flourishing in the sector and he is particularly commended for his sound judgement and calmness in the face of fire" - Chambers UK 2011

"...very precise and thorough" - The Legal 500 (2010)

"...combines intellectual rigour with business acumen." - The Legal 500 (2009)

David specialises in education law, employment law, local government and community care and all aspects of public law and judicial review. He is a recognised junior in both Legal 500 and Chambers and Partners.

He is editor of the Education Law Monitor and writes and lectures extensively on all the main issues in the maintained sector of education and in independent and post 16 provision.

David is a part-time Ombudsman at the Financial Ombudsman Service.

David has undertaken a wide range of pro bono work, including trial observation in Lesotho (environmental damage) and Turkey (language rights) and worked on a death row appeal.

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

Qualifications

• MA (Oxon) & LLM (UCL) 

Professional Associations

• Administrative Law Bar Association
• Education Lawyers' Association
• Employment Law Bar Association
• Employment Lawyers' Association

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

Education

David represents parents, local government, schools, colleges and charities on all aspects of education law.

He has extensive experience of special educational needs and disability discrimination in SENDIST and on appeal, now to the Upper Tribunal.  Many of the SEN cases concern difficult issues of complex needs, residential provision and the inter-relationship of education, social care, medical and psychiatric needs.
There are numerous regulators, quality assurance bodies and ombudsmen with jurisdiction in the education sector.  David’s work, advisory and in Court, has involved five of them.  This includes work on jurisdiction, on bringing complaints, on the procedure and issues to be considered on complaints and challenging and defending decisions in Courts and Tribunals.

David regularly advises and appears in cases concerning admissions, exclusions and transport provision.  He has particular experience of post 16 provision, including tertiary education.

David advises independent schools and parents on regulatory compliance, policies, admission and expulsion and on the requirements of the Disability Discrimination Act in independent schools.

David edits the Education Law Monitor and has written for the Education Law Journal and Education, Public Law and the Individual.

The Independent Schools Council v. The Charity Commission for England & Wales (Defendant) & The National Council for Voluntary Organisations (1st Interveners) & The Education Review Group (2nd Interveners)[2011] UKUT 421 (TCC)

AB v. Kent [2011] UKUT 405
GC & JC v. Tameside [2011] UKUT 292
S v. Waltham Forest
M v. East Sussex [2011] UKUT
S v. Croydon [2011] UKUT
JS v. FTT [2011] UKUT 374
DS v. TMBC [2010] UKUT (AAC)
AB v. North Somerset Council [2010] UKUT 8 (AAC)
A v. North Somerset Council [2010] ELR 139
MW v. Halton [2010] UKUT 34 (AAC)
NA v. Barnet [2010] UKUT 180 (AAC)
IM v. Croydon [2010] UKUT 205 (AAC)

Public Law

David advises and represents on all aspects of public decision-making and has brought and defended claims in most areas of local authority activity and, in particular, on all aspects of the provision of education.

His experience includes the work of statutory regulators, ombudsmen, central government, sports bodies and voluntary industry bodies.  He is instructed by both claimants and defendants and at all stages of decision making from assisting with representations and consultations or identifying material considerations through to final hearings.

He has particular experience of education work, where he is recognised as a leading junior.  His work involves all aspects of educational provision including special needs, disability, school organisation, transport, admission, exclusion and claims about tertiary education.

He edits the Education Law Monitor and has written for the Education Law Journal and Education, Public Law and the Individual.  This includes articles about EU public law, school organisation, charitable status and the Local Government Ombudsman.

He has spoken at numerous conferences on education law and on community care, for chambers, national conference organisers, solicitors' firms and local authorities.

Central & Local Government

In addition to extensive work on the provision of education and social care by local authorities, David has advised authorities and, particularly, objectors about land use, waste management and environmental protection.  His cases include R (ota Island Farm) v. Bridgend CBC [2007] LGR 19 and A v. North Somerset Council [2010] ELR 139 and IM v. Croydon [2010] UKUT 205 (AAC).

Community Care

David’s work focuses on provision for children, young adults and disabled adults.  It includes regular instructions on the assessment duties and questions about changes to provision, the nature of disability and the proper consideration of care services for disabled people.  He often advises on the relationship between education and care provision and the transition from children’s to adult services.

R (ota HR) v. Medway Council [2010] EWHC 731 (Admin)

Court of Protection & Mental Capacity

David takes 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. In 2010 David spoke at a national conference on capacity and consent in medical treatment for learning disabled young people.

Discrimination

David’s public law discrimination work often concerns the Disability Discrimination Act and compliance with the general duty on public authorities to promote the equality of disabled people.  He has acted in a number of cases considering this duty and its impact on decision making.  David has detailed knowledge of the Sex Discrimination and Race Relations Acts and their impact on the proper provision of public services.

David has also advised schools, colleges and parents on the law relevant to the role of religion in education.

EU Law

David’s work in EU law all concerns the role of EU law in education provision by public bodies, often a neglected area.  David has written on the area and has advised in particular about EU Law relating to vocational training.

Human Rights & Civil Liberties

The provisions of the European Convention relating to the right to a fair hearing, the right to education and the prohibition on discrimination are frequent issues throughout David’s practice.  He has brought judicial review claims relating to each of these issues and also to article 8 (the right to a private life) and the prohibition on the deprivation of property.  He has also been involved in cases considering the borderline of the concept of public authority for the purposes of the Human Rights Act.

Inquiries & Inquests

David has represented clients in various one off enquiries, arranged by private bodies and in relation to education.  His work in inquests involved questions of neglect within health and social care provision.

Judicial Review

David regularly brings and defends judicial review claims.  His work includes permission and substantive hearings, interim relief applications and a wide range of interim applications.  He advises on the nature and extent of judicial oversight of public decision making.

David’s experience includes a wide range of public law disciplines: immigration, environment, education, community care, licensing, one off decisions and inquests.  It also includes the full range of clients: individuals, government, agencies, charities and campaigning bodies.

Employment

David has experience of contentious and non-contentious employment law.  He has conducted cases in Employment Tribunals and the Employment Appeals Tribunal, including substantive and remedy hearings concerning all areas of individual employment rights.  Non-contentious work includes drafting employment contracts and advising on disciplinary and grievance procedures, working time, employee representation and other statutory rights.

He also has experience of disciplinary proceedings brought by colleges, professional associations and sporting bodies.  He has a particular interest in the cross-over between domestic tribunals and public law and has been involved in judicial reviews of the regulatory activity of trade associations.