Ollie Persey

Ollie is ranked in the Legal 500 and Chambers & Partners for his administrative law and human rights practice. He acts in urgent and complex claims for judicial review as sole counsel and led junior. He has litigated at all levels, from the First-tier Tribunal to the European Court of Human Rights.

Current and recent cases include:

• An ongoing judicial review challenging section 60C of the Criminal Justice and Public Order Act 1994, on the basis that it discriminates against Gypsy, Roma and Traveller people. Led by Marc Willers KC. See here.
• A successful high profile test case challenging the Home Office’s unlawful practice of using hotels to accommodate unaccompanied asylum-seeking children outside of the National Transfer Scheme. The High Court held that the systemic and routine use of hotels was unlawful. See press coverage here. 
• An important test case challenging the Home Office’s failure to deliver on its promised ‘warm welcome’ to Afghans who were relocated to the UK following the Taliban takeover. Led by Martin Westgate KC and Adam Straw KC with Raza Halim, Tessa Buchanan and Alex Schymyck. See press release here.
• An ongoing judicial review against the Director of Legal Aid Casework and Lord Chancellor challenging the failure of the ‘legal aid safety net’ in school exclusion hearings that concern discrimination. Led by Stephanie Harrison KC.
• A Court of Appeal case concerning the correct approach to Cost Capping Orders for Claimants in public interest proceedings. Led by Amanda Weston KC with Isaac Ricca-Richardson.
• A successful judicial review challenging the Director of Legal Aid Casework’s interpretation of the legal aid means regulations in SEND Tribunal appeals. Led by Amanda Weston KC with Isaac Ricca-Richardson. The challenge was conceded after permission was granted which led to new regulations that expanded the scope of legal aid Looked After Children. See coverage in The Law Society Gazette here.
• A judicial review hearing challenging a local authority’s failure to undertake equalities monitoring and ensure non-discriminatory access to special educational provisions. Led by Nicola Braganza KC with Nadia O’Mara.
• A high-profile Court of Appeal challenge to the adult hospitalisation rule for Disability Living Allowance. Led by Amanda Weston KC with Desmond Rutledge. 
• A successful challenge to the Home Office’s COVID-19 guidance for the EU Settlement Scheme. Led by Charlotte Kilroy KC with Hollie Higgins. See press release here.

Ollie was a lawyer at Public Law Project for four years and is experienced in all aspects of judicial review litigation. He is happy to advise from the earliest stages of a potential claim. He is the consultant editor of the latest edition of the highly regarded practitioner text, ‘Halsbury’s Laws on Judicial Review’, and a contributing author of the Legal Action Group textbook, ‘Discrimination in Public Law’. He provides practical advice on securing funding, costs protection, evidence-gathering and working collaboratively with NGOs.

Ollie is a member of the Administrative Law Bar Association (‘ALBA’) Equality and Diversity Committee. 

Ollie is ranked as a Tier 1 Rising Star in the Legal 500 for his community care practice, which spans age assessments, asylum support, welfare benefits, and health and social care. He co-convenes Garden Court’s Community Care Team and acts in complex and urgent cases as sole counsel and led junior.

Current and recent cases include:

• A successful high profile test case challenging the Home Office’s unlawful practice of using hotels to accommodate unaccompanied asylum-seeking children outside of the National Transfer Scheme. The High Court held that the systemic and routine use of hotels was unlawful. See press coverage here. 
• An important test case challenging the Home Office’s failure to deliver on its promised ‘warm welcome’ to Afghan citizens who were relocated to the UK following the Taliban takeover. Led by Martin Westgate KC and Adam Straw KC with Raza Halim, Tessa Buchanan and Alex Schymyck. See press coverage here.
• A successful challenge to a local authority and integrated care board (‘ICB’) for delays in reviewing a jointly commissioned care plan and failing to provide interim support. Secured a revised care plan and substantial Equality Act 2010 damages. Sole counsel.
• A successful challenge to a local authority’s age assessment on the basis, inter alia, that it had breached the GDPR by relying on ‘consent’ to process the Claimant’s personal data from his Facebook account. Claim settled after permission was granted on the papers.
• A successful urgent 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. 
• A successful ‘extended powers’ Education, Health and Care Plan (‘EHCP’) appeal in the First-tier Tribunal that secured improved health and social care provision for a Deaf child.
• 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 KC 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 KC with Bijan Hoshi.

Ollie is ranked as a Tier 1 Rising Star in the Legal 500 for his 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 sits on the executive committee of the Court of Protection Bar Association.

Ollie is ranked as a Tier 1 Rising Star in the Legal 500 for his education law practice and co-convenes Garden Court’s Education Law team.

He 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.

Current and recent cases include:

• A test case in the Upper Tribunal in which the Equality and Human Rights Commission intervened, that is the leading case on the First-tier Tribunal’s jurisdiction to consider compliance with the Public Sector Equality Duty (‘PSED’) when determining whether substantive discrimination can be justified.
• An important judicial review regarding compliance with the PSED in the permanent exclusion of a Black and disabled child. Led by Stephanie Harrison KC with Nadia O’Mara.
• A recent 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 KC with Nadia O’Mara.
• A successful Upper Tribunal appeal concerning the anticipatory and continuing nature of the reasonable adjustments duty under section 20 Equality Act 2010 in the context of online learning.
• 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. 

Ollie is committed to addressing discrimination against marginalised children and young people in the education system. He is a trustee of the Education Law Association (‘ELAS’), sits on the steering committee of the School Inclusion Project (‘SIP’) and provides pro bono support to Southwark Law Centre’s new school exclusion unit. Ollie co-organises the annual Legal Action Group Education Law Conference, which is sponsored by Garden Court’s Education Law Team.

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 and Upper Tribunal, applications for habeas corpus and applications to displace nearest relatives.

He is acting in a test case in the Administrative Court concerning the statutory construction of the term ‘examine’ in the Mental Health Act 1983 in the context of renewals of Community Treatment Orders. The Court has been invited to provide guidance on whether remote assessments are lawful or whether to ‘examine’ requires an in-person assessment.

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.