- Clerk Name: Russell Porter
- Clerk Telephone: 01865 793 736
- Clerk Email: [email protected]
- Clerk Name: Gemma Faulkner
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
Jim Hirschmann practices in Court of Protection, health, social care and education law. He has a particular interest and expertise in public law challenges related to his core practice areas (see more details on his expertise in these areas below). Many of his cases involve acting for or against local authorities.
Jim is hardworking, thorough and adept at explaining complex law in straightforward terms. This is reflected in comments from solicitors such as "a huge thank you for everything you have done on this case which went far and beyond" and comments from judges about Jim’s advocacy as “helpful” and “extremely clear.”
Outside of busy work demands, Jim enjoys sport with a particular interest in rugby, running and squash. He likes travelling and has an armchair interest in philosophy.
Jim is committed to protecting and respecting your privacy. Please contact him for a copy of his privacy notice which sets out the basis upon which any personal data he may collect about you, or that is provided to him, will be processed. He will provide a copy of this to you within two working days of receiving the request.
Jim Hirschmann's education law practice, in the context of secondary schools, has seen him successfully represent children who were appealing the decision to exclude them from their school under the Education Act 2002. He also has experience acting in appeals in the SEND Tribunal, often relating to Education, Care and Health Plans. He is regularly instructed by claimants and defendants in judicial review claims against local authorities and schools.
In higher education, Jim has experience of advising students and universities on student disciplinaries, contractual disputes and governance (including of students’ unions). As a solicitors’ agent he regularly attended county court hearings (completing 188 hearings prior to pupillage) and was regularly concerned with applications to set aside default judgment, strike out and case management hearings. He is therefore well placed to assist clients in managing their case through the civil courts and tribunals.
In a regulatory context he has experience of considering challenges to licensing decisions made by Ofsted. His experience in public child family means he is experienced in working for and against local authorities.
Recent notable cases:
A v B - Jim successfully persuaded an independent review panel that the decision to permanently exclude a pupil, due to gang-related violence, should be reconsidered as the school had not done enough to explore options other than expulsion.
B v C - Jim represented an international university facing a six-figure claim for breach of a franchise agreement and through written negotiations improved his client’s position by over £100,000.
C v D - Jim represented a student challenging the decision to suspend him from his university and successfully mitigated the sanction imposed.
E v F - Jim represented an excluded child before a governors' review panel. The pupil had been permanently excluded for bringing a BB gun into school and discharging it. The case involved legal submissions in relation to a headteacher’s discretion to depart from the school’s policy. The governors ordered the pupil’s reinstatement.
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The nationwide shortage of specialist schools: remedies
18th Mar 2023
Jim Hirschmann considers the remedies available where a local authority is not able to provide a suitable type of school due to a shortage of such schools.
There is a nationwide shortage of specialist schools for children and young people with special educational needs.
Clarification of the approach to be taken to pre-funded places attracting element 1 and 2 funding from ESFA
20th Jul 2022
Jim Hirschmann analyses PM v Worcestershire County Council  UKUT 53 (ACC), a case in which the Tribunal (1) clarifies the approach to be taken to pre-funded places attracting element 1 and 2 funding from ESFA (2) suggests that new, contradicting evidence may justify an application to set aside a FTT decision; and (3) indicates that a former failure by an education provider to provide EHCP provision may render such a provider unsuitable.
"A huge thank you for everything you have done on this case which went far and beyond".
“Thanks for arranging Jim to cover the hearing yesterday. He was brilliant.”
"Thank you so much.You have been absolutely fantastic.....You are very professional, very helpful and have guided me so well in this case."