Ollie Persey

Overview

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.

Notable Cases

In 2023 alone, Ollie’s reported community care law cases included:

• ECPAT UK & Brighton & Hove City Council v SSHD [2023] EWHC 1953 (Admin): acted for a successful claimant in the high-profile litigation challenging the SSHD’s use of hotels to accommodate unaccompanied asylum seeking children outside of the National Transfer Scheme.
• Derbyshire NHS Foundation Trust v Secretary of State for Health and Social Care [2023] EWHC 3182 (Admin): acted for a mental health patient in successfully resisting a hospital trust’s application to weaken procedural safeguards for renewing Community Treatment Orders (‘CTOs’) under the Mental Health Act 1983.
• HZ & ors v SSHD [2023] EWHC 660 (Admin): acted for the claimants in a high-profile test case challenging the operation of the Afghan bridging hotels scheme.

Overview

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.

Notable Cases

In 2023, Ollie’s reported education law cases included:

• TZA v A School [2023] EWHC 1722 (Admin): acted for the claimant in the leading case on the application of the Public Sector Equality Duty (‘PSED’) in school exclusions.
• AI v London Borough of Lambeth and Secretary of State for Education [2023] EWHC 2088 (Admin): acted for the clamant, a transgender young person, in a significant case on the application of the PSED in securing special educational with Education, Health and Care Plans (‘EHCPs’) who experience additional barriers to accessing provision because of discriminatory treatment.

• GP v Lime Trust, EHRC intervening [2023] UKUT 77 (AAC): a test case on the jurisdiction of the First-tier Tribunal to consider PSED compliance in disability discrimination claims.