Ollie Persey

Ollie acts for children, young people and families in all forums where education law issues arise, including the First-tier Tribunal, the Upper Tribunal, the Administrative Court, university panels, governing body disciplinary committees and independent review panels. He is deeply committed to challenging discrimination against marginalised children and young people in the education system.

Current and recent cases include:

• An ongoing appeal (permission granted) in the Upper Tribunal to provide ‘authoritative guidance’ regarding the First-tier Tribunal’s jurisdiction to consider compliance with the Public Sector Equality Duty (‘PSED’) when determining whether substantive discrimination can be justified (sole counsel).
• An ongoing appeal (permission granted) in the Upper Tribunal concerning the anticipatory and continuing nature of the reasonable adjustments duty under section 20 Equality Act 2010 in the context of online learning (sole counsel).
• An ongoing appeal (permission granted) in the Upper Tribunal regarding the threshold for local authorities to undertake education, health and care (‘EHC’) needs assessments under section 36 Children and Families Act 2014 (sole counsel).
• An ongoing judicial review challenging a local authority’s failure to undertake equalities monitoring and ensure non-discriminatory access to special educational provision (led by Nicola Braganza QC).
• An ongoing County Court race discrimination claim concerning a school’s policing of a Black student’s hair (sole counsel).
• Representing a student at a further education college in a successful urgent claim for judicial review challenging an unlawful permanent exclusion (sole counsel). 
• Representing a disabled child in a successful urgent claim for judicial review challenging a local authority’s breaches of section 19 Education Act 1996 and section 42 Children and Families Act 2014 (sole counsel).
• A complex and long-running extended powers EHCP appeal in the First-tier Tribunal, funded by Exceptional Case Funding, where the local authority had a) attempted to cease to maintain the EHCP b) failed to secure special educational provision for four years. Interlocutory hearings raised issues of mental capacity and the role of the Alternative Person. Secured a specialist placement and extensive amendments to the EHCP at the final hearing (sole counsel).

Ollie is a committee member of the Education Law Association (‘ELAS’) and on the steering committee of the School Inclusion Project (‘SIP’).

Ollie’s community care practice spans age assessments, asylum support, welfare benefits, and health and social care. He specialises in representing children and Deaf people, drawing upon his expertise in education law and his knowledge of British Sign Language (‘BSL’).

He is a co-convener of Garden Court’s community care team and acts in complex and urgent cases as sole and led junior. He frequently delivers training and writes about community care issues. He was a speaker at last year’s Legal Action Group annual community care law conference and delivered a presentation at Garden Court’s flagship Nationality and Borders Bill conference on the upcoming reforms to age assessments. His recent Legal Action magazine article with Tim Baldwin on Caldicott Guardians and equality and safeguarding issues in health and social care information management can be found here.

Current and recent cases include:

• An ongoing appeal to the Upper Tribunal (permission granted) concerning whether a child with reactive attachment disorder suffers from a state of arrested development of the brain or alternatively incomplete physical development of the brain which may lead to severe impairment of intelligence and social functioning within the meaning of regulation 12(5) of the Social Security (Disability Living Allowance) Regulation 1991 (sole counsel).
• A successful urgent claim for judicial review on behalf of a suicidal homeless teenager challenging a local authority’s failure to comply with their duties under section 20 Children Act 1989. Secured interim relief on the papers which was renewed following an oral hearing (sole counsel).
• A successful urgent claim for judicial review to prevent a local authority’s imminent breach of its duties to accommodate a disabled child in care under section 22A Children Act 1989 (sole counsel).
• A successful extended powers health and social care appeal in the First-tier Tribunal that secured improved health and social care provision for a Deaf child (sole counsel).
• Representing a severely disabled man with impaired mental capacity in a high-profile challenge in the Court of Appeal to the adult hospitalisation rule for Disability Living Allowance (led by Amanda Weston QC with Desmond Rutledge). 
• Representing Migrants Organise in a claim for judicial review that led to improved safeguards for prospective applicants to the EU Settlement Scheme with mental health conditions and/or impaired mental capacity (led by Amanda Weston QC with Bijan Hoshi).

Ollie has a thriving Court of Protection practice. He represents P in complex health and welfare cases and is frequently instructed by the Official Solicitor. Ollie is committed to ensuring that P is fully able to participate in proceedings. Ollie is learning British Sign Language (‘BSL'), which is improving his understanding of the barriers faced by Deaf people. He is a volunteer litigation friend in the First-tier Tribunal (Immigration and Asylum Chamber) for Migrants Organise and was formerly a trustee of the Elfrida Society, a small charity that supports individuals with learning disabilities.

Ollie is developing a specialism in urgent medical treatment cases due to his expertise in health and social care matters, including HIV/AIDS treatment (he was a contributing editor of Professor Scott Skinner-Thompson’s textbook, AIDS and the Law), vaccinations and end of life care. 

Current and recent cases concern:

• Capacity to make decisions regarding special educational provision in an Education, Health and Care Plan (‘EHCP’).
• Long-term residence for a young person whose supported living arrangements broke down following allegations of carer abuse.
• Best interests decisions regarding COVID-19 vaccination.
• Best interests decisions regarding end of life care.
• Best interests decisions where placements had repeatedly broken down due to allegations of P sexually abusing other residents.

Ollie has a growing mental health law practice. He welcomes instructions in a broad range of mental health matters, including appeals to the First-tier Tribunal, applications for habeas corpus and applications to displace nearest relatives.

Due to his expertise in Court of Protection matters, he is well-placed to act in cases raising mental capacity issues. He has significant expertise in child and adolescent mental healthcare and draws upon his background in special educational needs and disability law to provide holistic and practical advice.