3PB's specialist regulatory law barrister Matthew Wyard reviews the case of A Local Authority v GP (Capacity – care, support and education) [2020] EWCOP 56.
Overview
Matthew Wyard is a specialist public and regulatory law barrister. His public law practice focuses on education and community care/ court of protection. His regulatory practice focuses on the regulation of data, technology and cannabis/pharmaceutical products. He has appeared in courts/tribunals of all levels up to and including the Court of Appeal.
For a full description of Matthew’s areas of expertise please see his specialist profiles below.
Matthew was appointed to the Attorney General's C Panel of Counsel to the Crown in 2021 and is recognised as a Rising Star in the latest edition of the Legal 500 for three of his practice areas (education, court of protection and community care) having secured all three rankings on his first year of application. He is the only member of the bar outside of chambers in Wales to be ranked in both the Welsh education and court of protection rankings.
Having spent his first few years of practice as an employed public law barrister at a national law firm regularly instructing counsel himself, Matthew understands what instructing solicitors want from counsel and ensures that he is accessible, practical in his advice and a part of the wider litigation team in disputes.
Alongside his thriving practice, Matthew sits as a Chairman in the Valuation Tribunal for England and is non-executive director of a music and media business, Thinkspace Education.
Matthew 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 receive will be protected.
Publications
Matthew is a widely published legal author acting as a contributing editor to Clarke Hall and Morrison on Children and a regular contributor to Lexis PSL, providing updates on the law to the legal profession. He has also been published in The Times Higher Education, the Education Law Monitor and the Solicitors Journal. Matthew is currently writing for the forthcoming, inaugural edition of the new Education Law Handbook.
Education
Matthew Wyard has practised in the field of education law since before his call to the Bar and is recognised as a Rising Star in the education field in the Legal 500. He acts for parents of disabled children, young people, students, schools, colleges, universities, local authorities and anyone else involved in disputes within the education sector. Having spent a significant time practicing in Wales, Matthew is experienced in advising on the devolved education system.
A busy education law barrister, examples of Matthew’s caseload in education is set out below:
Special Educational Needs (SEN)
Matthew is one of only a handful of barristers who has an understanding of, and experience in, both the English and Welsh special educational needs systems. Whilst almost all of Matthew’s special educational needs work is confidential, he has appeared in over 100 appeals/claims representing all parties in all types of appeal before SENDIST and SENTW. Additionally, Matthew has appeared in the Upper Tribunal and in judicial review challenges arising out of the special educational needs system.
Most recently, Matthew was instructed as junior counsel for the successful respondents in Nottinghamshire County Council v SF & GD [2020] EWCA Civ 226, before the Court of Appeal, concerning the interpretation of “necessary” under section 37 of the Children and Families Act 2014 and to seek leave for appeal to the Court of Appeal following the decision in D v Hampshire County Council [2020] EWHC 2916 (Admin).
He is an expert on the new special education needs system planned in Wales for 2021 and is undertaking training for Schools on the changes and demands of the new law.
Having worked in house he also has experience attending annual reviews, dispute resolution meetings and mediations.
Disability Discrimination
Disability discrimination claims in the First Tier Tribunal are becoming increasingly common. Matthew regularly advises and represents schools defending such claims with a particular interest in defending independent schools and academies.
He is familiar with all aspects of the Equality Act 2010 and is frequently instructed by leading insurance firms upon receipt of a claim to assist devise case strategy, advise on prospects, advise on evidence and then attend the final hearing.
He has an enviable success rate and enjoys working with key stakeholders and responsible bodies to ensure that those claims that should be defended are done so thoroughly, whilst protecting reputational and other interests.
Admissions/exclusions
Judicial review challenges to legality of decisions made by Admissions Authorities, Independent Review Panels (England) and Independent Appeal Panels (Wales) are Matthew’s main area of focus in admissions and exclusion matters.
That being said, Matthew is more than happy to assist at all stages of the admissions and exclusions processes.
Civil claims
Having spent his first few years working in-house in the public law and commercial litigation departments of a national public law firm, Matthew is well placed to advise from the outset on all forms of civil litigation in the education sector.
Examples of the claims Matthew has been instructed in recently include:
SPS v Mr and Mrs P : advising the respondents on the prospects of success in defending a claim for fees in lieu of notice including the detailed consideration of multiple breaches of contract from both parties to identify the fundamental breach of contract.
N v University of E : advising the prospective claimant on a claim for breach of contract arising from the failure of her university to secure social work placements.
GY v University of O : claim for breach of contract and/or negligence against the country’s leading higher education institution for a failure to remove the student from a PhD course when it became clear she could not succeed.
MK v K College : claim for negligence against a medical school for how it conducted a fitness to practise process, resulting in a six figure settlement for lost earnings.
AS v K College : claim for breach of contract against a London college for failing to appropriately deal with bullying.
O University v JH : defending a claim for unpaid university fees.
Re: CN : claim against an independent school for breach of contract and breach of the Equality Act 2010 in how it handled the exclusion of a child, resulting in a five-figure settlement.
Matthew is happy to be instructed as early as possible in all civil matters in order to assist manage expectations and develop the initial case strategy.
Education judicial review challenges
Matthew has depth of experience in education public law challenges. These have included:
YMC v Office of Intercollegiate Studies : representing the claimant in what is thought to be the first judicial review challenge brought against the Office of Intercollegiate Studies.
MA v B University : advising on the grounds for judicial review arising from a university’s failure to grant extenuating circumstances.
JP v IAP : advising on the legality of an Independent Admissions Panel decision.
AT v An Academy : advising on the grounds of challenge to an Academy’s procedure for conducting a managed move which successfully settled at the pre action stage
Re: DR : advising on the merits of bringing a judicial review claim against a London Borough for maintaining a policy on not placing children below 16 in children’s homes.
DJ v The Welsh Ministers & Ors [2018] EWHC 2735 (Admin) : challenge to the Welsh Ministers Guidance on post-16 education.
Thilakawardhana v OIA [2018] EWCA Civ 13 : application for permission to appeal to the Court of Appeal and the substantive appeal.
Zahid v University of Manchester [2017] EWHC 188 (Admin) : leading authority on the relationship between the courts and the OIA.
DS v Wolverhampton City Council [2017] EWHC 1660 (Admin) Considering the application of s19 of Education Act 1996.
AC v OIA (unreported) : considering the legality of the OIA’s rules.
For more information please see his public law expertise section of his CV.
Governance/regulatory issues
Matthew has experience advising schools and higher education institutions on a wide range of governance and employment issues including information law obligations. Additionally, he has drafted and advised upon various policies, procedures and contractual documents.
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Articles -
A Local Authority v GP
17th Nov 2020View Article -
The Additional Learning Needs and Education Tribunal (Wales) Act 2018: An update
4th Nov 2020View ArticlePublic law barrister Matthew Wyard, who specialises in the education sector reviews the hidden extras in ‘The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No.1) Order 2020 which came into force this Monday 2 November.
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GCSE results 2020: Key Q&As for Students and Schools
20th Aug 2020View Article3PB’s specialist education barristers Alice de Coverley and Matthew Wyard have co-authored a two-part report, for students and schools separately, about today’s GCSE results day (20 August 2020).
The guidance offers tips for students and their parents about the GCSE grade that students will receive; the appeals process in England, Scotland, Wales and Northern Ireland; Exam results Helplines available; Subject Access Requests for finding out information to support you in pushing for an appeal; grounds for appeals; Centres’ duties to students/learners.
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A-Level results: Key Q&As for Students and Schools
13th Aug 2020View ArticleIn this article, Alice de Coverley and Matthew Wyard answer some of the most significant questions facing both students and schools on A-level results day 2020, providing practical advice on what to do next.
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A look at the draft Curriculum and Assessment (Wales) Bill: Problems and pitfalls
8th Jul 2020View Article3PB’s specialist public law barrister Matthew Wyard has reviewed the draft Curriculum and Assessment (Wales) bill. The bill was introduced to the Senedd on 6 July 2020 without prior public consultation.
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Practical guidance on video hearings in the SENDIST
12th May 2020View ArticleMatthew Wyard and Alice de Coverley have produced a guide to remote hearings in SENDIST including practical top tips for both practitioners and witnesses. They cover topics from using technology to adapting your approach to this new style of hearing.
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From absolute statutory duty to reasonable endeavours: the consequences of modifying section 42 of the Children and Families Act 2014
12th May 2020View ArticleMatthew Wyard considers the meaning of "reasonable endeavours" in public and private law following the modification of the LA's duty to secure special educational provision specified in an EHC Plan under section 42 to a reasonable endeavours duty, and the likely approach of the Administrative Court to applications to enforce provision in Section F via judicial review.
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Education: The Impact of the Coronavirus Bill
20th Mar 2020View ArticleEducation law barrister, Matthew Wyard examines the impact of the Coronavirus Bill on the independent education sector.
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Issuing an EHC Plan - the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another)
12th Mar 2020View ArticleEducation and public law barrister Matthew Wyard and Paul Wyard of Sinclairslaw review Nottinghamshire CC v SF and another, a case in which the Court of Appeal held that the First-Tier Tribunal had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for a child in accordance with an EHC Plan – even though the school had identified and made provisions for the child’s needs and the child was making progress at school.
This article was first published by LexisPSL on 9 March 2020.
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Recommendations ‘A junior with good client care skills, and his advice is well-considered, comprehensive and clear.’
Legal 500 2022/Court of Protection and Community Care/Rising Stars/Tier 1/Wales and Chester
‘A strong and detailed advocate who quickly identifies the relevant issues in a case. He has the ear of the Tribunal.’
Legal 500 2022/Education/Rising Stars/Tier 1/Wales and Chester
"[...] the addition of Matthew Wyard to the team has given real fire power to their Court of Protection offering in Wales.'"
‘His in-depth knowledge of Welsh social care law is an advantage.’
Legal 500 2021/Court of Protection and Community Care/Rising Stars/Tier 1/Wales and Chester
"[...] 3PB's presence in this region comes in the form Matthew Wyard… He specialises in public law challenges in the education sector, civil claims against education institutions and special educational needs appeals."
‘One of very few barristers in the Country who has a true grasp of Welsh Education Law.’
Legal 500 2021/Education/Rising Stars/Tier 1/Wales and Chester
“Thank you again for the excellent outcome you obtained for us yesterday. This note is also very helpful. I have shared it with our wider team because I am sure that the outcome will assist with the handling of many of the other data protection claims across [the organisation] at the moment.
It was a stroke of luck for us that you were able to assist with this matter at short notice and your work is very much appreciated. ’’
Instructing Solicitor, Data protection matter“I did also want to mention that…we have received some excellent feedback recently for 3PB and thought it would be good to share this with you. I have received excellent reports from [team members] and most importantly of all, my clients, regarding the high quality and standard of the work that we are receiving…specifically in relation to…Matthew…I have worked closely with Matthew on one of my cases recently and I am hugely impressed, as are the clients, over his handline and management of the case. The clients are absolutely delighted with his professionalism, conduct and communication. This is a case where it has gone part-heard and the clients do not seem to mind a bit as Matthew has been just excellent”
Partner/Head of Education - National Law Firm''I instruct Matthew regularly and am never disappointed by the level of professionalism and knowledge he brings to each case he is instructed on. Matthew has a unique way of identifying the key issues of a case and preparing submissions in a clear and persuasive manner, in order to achieve the best result possible. I can trust that he will always provide honest and efficient advice and am happy to have good working relationship with him.''
Instructing SolicitorAs you can imagine, it is extremely stressful for families to be going through this so I just wanted to say a big thank you for supporting me through [the] tribunal. I would recommend you to anyone going through similar proceedings. We are delighted with the outcome and have not stopped smiling since!
Client, EducationFirstly, the client would like for me to pass on their gratitude to Matt for all of his assistance on this matter. They described him as “a really nice guy who fought formidably for them and have nothing but praise for the work he has undertaken’’.
Clients feedback to instructing solicitor
Expand recommendations
Academic qualifications
- 2014: Called to the Bar (Lincoln’s Inn)
- 2012 – 2013: Postgraduate Diploma in Law, City Law School
- 2008 – 2012: LL.B (Hons)(SW) Law, University of Surrey
Scholarships
- Erasmus Scholarship
- Blackstone Chambers BPTC Mooting Competition, Semi finalist, 2013
Professional qualifications & appointments
- Chair of the Valuation Tribunal for England
- Member of the Welsh Government Public Law Scheme
- Member of the Attorney General’s C Panel
- Bar Professional Training Course, City Law School, 2012 – 2013
Professional bodies
- Lincoln’s Inn
- Western Circuit
- Education Law Association
- Court of Protection Practitioners Association
- Court of Protection Bar Association
- Constitutional and Administrative Law Bar Association
- Society of Computers and Law
Direct Access
Matthew Wyard is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.
More InformationRelated Articles
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3PB Barristers’ specialist regulatory law barrister, Matthew Wyard (pictured here) has released the second article in 3PB’s Cyber Law Series. The feature looks at the raft of recent claims brought for breaches of statutory duty under the UK GDPR and the Data Protection Act 2018. The article considers how to address the merits and quantum of data protection claims and gives practical tips for dealing with claims. This includes challenging claimant arguments that the Court...
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3PB Barristers’ specialist regulatory law barrister Matthew Wyard is writing a series of articles on all things data protection and cyber law related as part of 3PB’s new “Cyber Law Series”. The first article, which was published today, addresses the risk of a ransomware attack and considers the practical steps that businesses and public bodies urgently need to take in order to pre-empt such an event and what to do if disaster strikes. Matthew’s article...
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Following the Part 54 Practice Directions revisions of 31st May 2021, which marked some substantial changes to judicial review claims moving forward, specialist judicial review practitioners Mathew Gullick QC, Caroline Stone, Matthew Wyard and Alice de Coverley from 3PB’s Public Law team presented a webinar on the changes on 1st June 2021. Topics for discussion included: The new rules on where to issue your claim The new requirements for pleadings and bundles Urgent applications and...
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Two of 3PB’s specialist education law barristers Matthew Wyard and Katherine Anderson joined forces with John Roberts at BLM Law to provide three webinars for Lawyers across the country in a snappily-named series, ‘‘SEN (Special Educational Needs) in Wales, the Current and Future Legal Landscape’’. The webinars covered various topics including dealing with the more adversarial tribunal claims and appeals including the role of experts; the most important aspects of Parts 2, 3 and 4...
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