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.
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.
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.
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.
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.
Data protection for schools and higher education institutions
Matthew Wyard highlights the rights of access to data from schools and colleges and specifically what constitutes ‘education data’. The new Data Sharing Code of Practice from the ICO is also scrutinised for how it assists the higher education sector in situations of crisis on campus.
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.
Public 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.
3PB’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.
In 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.
3PB’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.
Matthew 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.
Matthew 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.
Education law barrister, Matthew Wyard examines the impact of the Coronavirus Bill on the independent education sector.
Education 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.
Matthew Wyard acts for a wide range of clients, including several individuals and education institutions. He is particularly well regarded for this work before the SEN Upper Tribunal and offers additional expertise in judicial reviews.
Strengths: "He is proactive, very knowledgeable and good at what he does." "His advice is excellent - comprehensive and very practical as well."
Recent work: Acted for the successful respondent in Nottinghamshire County Council v SF & Others, a challenge to the approach taken by the Upper Tribunal to a 'refusal to issue' appeal.
Chambers UK 2022/Education/London Bar
‘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 Solicitor
As 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, Education
Firstly, 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
Matthew Wyard is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.
More Information3PB's specialist public and regulatory law barrister, Matthew Wyard, pictured here, has recently completed Advocates pro-bono 25 for 25 challenge. The 25 for 25 challenge encourages barristers to provide 25 hours of free legal advice to celebrate the 25 year anniversary of the pro-bono charity Advocate. Advocate said ‘‘Advocate’s anniversary initiative, 25 for 25: The Pro Bono Challenge, was conceived as a way to promote pro bono and recognise the Bar’s amazing contribution to access...
Continue readingThree of 3PB’s specialist public and regulatory law barristers: William Hansen, Matthew Wyard and Naomi Webber, successfully represented the Secretary of State for the Home Department in the decision of OA (Somalia) handed down on 2nd February 2022 following a six-day trial held in June 2021. The appeal was listed to consider whether the country guidance given in MOJ & Ors (Return to Mogadishu) Somalia CG [2014] UKUT 00442 (IAC) continued accurately to summarise the factual...
Continue reading3PB public law barrister Matthew Wyard, pictured here, recently acted in a judicial review for the claimant in R(on the application of EP, through her litigation friend MAP) v Norfolk County Council and successfully secured home to school transport for them, as well as an agreed quashing of multiple decisions refusing this support. The claimant, EP, is a disabled child with physical and mental disabilities. At secondary transfer she secured a place at T School....
Continue readingFive barristers from 3PB’s specialist education law team recently joined forces with Oxfordshire County Council to host a SEND mock tribunal as part of a training session. Barristers Lachlan Wilson, Katherine Anderson, Matthew Wyard, Jennifer Agyekum and Naomi Webber presented the mock tribunal to over 80 attendees. 3PB’s education law team represents parents, pupils, schools, and their governing bodies (both from the maintained and the independent sectors), academies, universities and colleges, NGOs including charities, students,...
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