Public and Regulatory
Matthew maintains a deliberately broad and varied public law and regulatory practice encompassing education, health, life sciences, community care, court of protection, adult & children’s services, professional discipline, data protection, freedom of information, privacy, inquests and human rights.
He is happy to accept instructions on all public law matters, including for urgent and out of hours applications, as well as international matters.
Matthew is a member of the Attorney General’s Junior Junior panel and the Welsh Government’s public law scheme. He is regularly instructed to prepare Summary Grounds of Resistance in judicial review proceedings on behalf of the Home Office and has been instructed as junior counsel by the Secretary of State for Justice in employment proceedings. Most recently Matthew was instructed by the Foreign and Commonwealth Office as a member of the counsel team in relation to the litigation arising from the death of Harry Dunn.
Health/Life sciences
Matthew is building a life sciences based advisory practice and has a particular interest in the medicinal cannabis/CBD industries. Examples of recent cases Matthew has been involved in include:
- Re: KM – Providing pro bono advice on the application of the EU Tobacco Products Directive
- Re: V – Advising upon, settling and drafting the settlement agreement in a dispute between the directors of, and consultants for, an international pharmaceutical company as to the apportionment of liability between the company and consultants upon the consultants’ retirement
- MM v Cardiff and Vale University Health Board – judicial review of a health board’s decision to refuse to provide adequate nursing care at the claimant’s home thereby preventing him from visiting his mother
- JW v Merthyr Tydfil County Borough Council – challenge to the legality of the local authority’s decision not to fund rental costs under section 117 aftercare
Court of Protection / Community Care
Matthew is a Rising Star in Court of Protection and Community Care in the most recent edition of the Legal 500. He has expertise in all matters that appear before the Court of Protection across both jurisdictions of health & welfare and property & affairs.
Matthew will advise any party to property and affairs proceedings and enjoys working alongside private client solicitors to achieve appropriate and thorough end of life planning.
In the health and welfare jurisdiction, Matthew is regularly sought after to advise individuals and institutions on the competing statutory schemes for those transitioning between children and adults services.
Recent representative examples of Matthew’s work in the Court of Protection include:
- Re: DS – Advising on the appropriate method of structuring a high value property transaction within ongoing civil proceedings where the Defendant had lost capacity
- Re: SW – Advising and representing a family member contesting a property and affairs deputyship application
- B Council v PM – Advising and representing a local authority in respect of a DoLS challenge where P resides at an independent specialist college and the interplay between the education and DoLS schemes
- S City Council v KSC – Advising and representing a local authority in a contested application for a deputyship order over P’s property and affairs following his falling victim to online fraud and inadvertently money laundering
- Re: LCD – Advising a national law firm’s private client department on the risks arising out of the transfer of property from a PI trust and the appropriate method of making the transfer
- Re: MR – Advising and representing P in a dispute over a ward change following the Covid-19 pandemic
- KH v S County Council – Advising a local authority on the interplay between the different regimes under the Mental Health Act 1983, s21A Mental Capacity Act and s39 Children and Families Act 2014
- S City Council v JDC & Ors – Advising and representing a family member in this long running s21A and contact challenge
- Re: CEM – Representing P in a dispute over her end of life arrangements
According to Legal 500, Matthew’s encyclopedic knowledge of both English and Welsh social care law “is an advantage” to his clients.
In light of his public law expertise, he is regularly instructed in matters where young people are transitioning between children and adult services and has experience in disputes about assessments and care planning, charging issues, compliance, care leavers, carers’ allowance, special guardianship allowance.
At the other end of the spectrum, Matthew is developing a practice in respect of the elderly, in particular, focusing on the legitimate evasion of care home fees and the corresponding end of life planning.
Recent examples of Matthew’s community care practice include:
- DA v BCC – Advising the prospective claimant to a judicial review challenge on the legality of the prospective defendant’s policy in relation to the paying of direct payments
- W v SCC – Advising the prospective defendant on a challenge to an alleged failure to follow the Working Together guidance, as well as the failure to provide transport to a post 16 learner
- Re: TG – Advising on the appropriate response to and legality of a local authority’s threatened proceedings over the estate of the deceased who passed with unpaid care fees
- Re: AM – Advising on the appropriate estate structuring to legitimately avoid care home fees through efficient planning
- Re: MA – Advising on the appropriate way to seek the reinstatement of direct payments
- AA v Newport City Council – a challenge to the legality of the local authority’s withdrawal and subsequent request for repayment of direct payments
- LT v Merthyr Tydfil County Borough Council – a challenge to the local authority’s breach of section 37 of the Social Services and Well-being (Wales) Act 2014
- CJ v Powys County Council – advice and pre action correspondence concerning the local authority’s failure to assist with an application for a Disabled Funding Grant
- TL v Newport City Council – a challenge against a failure to maintain support outlined in a Care and Support Plan
- TL v Ceredigion Council – judicial review challenge to the local authority’s failure to provide adequate care and support provision
Data protection, information, media and privacy
Matthew has both legal and practical experience working in the media and data protection fields, having been appointed as a board adviser, and later a non-executive director, of a music company since 2017. His complimentary public law practice means that he is well placed to advise on the use of public law remedies and challenges to advance commercial interests.
The vast majority of Matthew’s work in this field is highly confidential however, recent examples of such work include:
- Re: LL – Advising on prospects, evidence and drafting particulars of claim in a claim brought for breaches of the GDPR and misuse of private information
- Re: CG – Pro bono advice on whether a cyber attack constituted a breach of contract, as well as associated data protection issues
- Re: CS - advising a leading foundation school on their obligations to disclose personal information
- Re: A - considering a claim for malicious falsehood and breach of copyright arising out of an employment dispute
- Re: XX - advising on the data protection obligations of a social worker in respect of potential childcare proceedings
- Re: TSE - advising on the use of personal information by a music school within course materials
Examples of recent non-contentious work undertaken in the media sector includes:
- Paid contribution agreements
- Unpaid contribution agreements
- Music, film and sound recording licences
- Data protection policies
- Terms and Conditions of Business
- Payment plans and financial agreements
- A variety of intellectual property agreements
- Contracts of employment
- Consultancy agreements
Within the field of data privacy and information law, Matthew has experience advising on the information law obligations of public bodies including schools, colleges and local authorities and is happy to advise on:
- Articles 8 and 10 of the European Convention on Human Rights and Fundamental Freedoms
- The General Data Protection Regulation
- Data Protection Act 2018
- Freedom of Information Act 2000
- Environmental Information Regulations 2004
- Regulation of Investigatory Powers Act 2000
- Misuse of information
- Breach of confidence
Inquests
Matthew has good experience in advising on, and representing parties at, Inquests. Recent cases include:
- Inquest touching upon the death of MD – advising the mother of the deceased child in relation to scope, article 2 issues and disclosure regarding the apparent suicide following bullying at school
- Inquest touching upon the death of AR- advising and representing the mother of the deceased at a Pre Inquest Review Hearing considering issues of scope, article 2, witnesses and evidence
Professional Discipline and Regulatory Law
In professional discipline cases, Matthew is well placed to advise upon and represent professionals, regulators and interested parties in statutory appeals and judicial review challenges regarding the decisions of regulatory bodies.
Whilst working in-house, Matthew was involved in a large number of fitness-to-practice issues concerning student doctors and nurses, as well as social workers. He has experience in advising on proceedings brought by the Teachers Regulation Agency.
Education Law
Within the education sector, Matthew has experience of judicial review and regulatory proceedings. Examples of Matthew’s recent education-related caseload include:
- Re: CSDN Ltd – Advising on prospects and evidence in relation to an appeal before the Care Standards Tribunal challenging a decision
- 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
- MA v B University – advising on the grounds for judicial review arising from a university’s failure to grant extenuating circumstances
- CP v Surrey County Council – Represented the claimant in an urgent out of hours injunction application and at a substantive application in the Administrative Court concerning the right of accommodation pursuant to section 20 of the Children Act 1989. He also drafted the Grounds of Judicial Review
- JPF v Office of the Independent Adjudicator for Higher Education – Drafted Grounds of Judicial Review regarding the legality of the higher education sector ombudsman’s decision to dismiss the Claimant’s complaint
- DB v Kings College London – challenge to a university’s termination of a medical student
- DB v London Borough of Richmond upon Thames – challenge pursuant to section 42 of the Children and Families Act 2014 for failing to maintain an Education, Health and Care Plan
- MG v Hertfordshire County Council – challenge to the legality of the local authority refusing to finalise an Education, Health and Care Plan in accordance with an order of the First Tier Tribunal
- MG v CT Independent Review Panel – judicial review challenge to an IRP’s decision to uphold a permanent exclusion decision
- AM v Cardiff City Council – judicial review against the legality of a local authority’s statutory assessment process
- G v Newport City Council – challenge to a local authority’s failure to maintain a Statement of Special Educational Needs pending the outcome of a cease to maintain appeal to SENTW
Whilst in-house, he was part of the legal team working on a number of reported, high profile education cases including:
- DJ v Welsh Ministers & Ors [2018] EWHC 2735 (Admin)
- Thilakawardhana v Office of the Independent Adjudicator for Higher Education [2018] EWCA Civ 13
- Zahid v University of Manchester & Ors [2017] EWHC 188 (Admin)
- DS v Wolverhampton City Council [2017] EWHC 1660 (Admin)
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Publications -
The Additional Learning Needs and Education Tribunal (Wales) Act 2018: An update
4th Nov 2020View PublicationPublic 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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A look at the draft Curriculum and Assessment (Wales) Bill: Problems and pitfalls
8th Jul 2020View Publication3PB’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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Novel foods regulation: Getting your product to the UK market
8th Jun 2020View Publication3PB’s Public and Regulatory Law barrister Matthew Wyard has reviewed the law regulating novel food products in the UK.
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Regulatory Update - The Tobacco Products Directive
4th Jun 2020View Publication3PB’s Public and Regulatory Law barrister Matthew Wyard has provided an update on UK tobacco law in light of Article 7 of the EU Tobacco Productive Directive.
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UK Market Authorisation for New Medicinal Products
4th Jun 2020View Publication3PB’s Public and Regulatory barrister Matthew Wyard has provided an overview of the MHRA’s Market Authorisation process for bringing new products to market in the UK. Designed for the pharmaceutical industry and those advising them, this article looks at the different types of authorisation available and the process for approving medicines in the UK.
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Education: The Impact of the Coronavirus Bill
20th Mar 2020View PublicationEducation 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 PublicationEducation 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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RE: ACC & Ors [2020] EWCOP 9
10th Mar 2020View PublicationMatthew Wyard analyses Re: ACC &Ors [2020] EWCOP 9, a case concerning the conflicts of interests that may arise where property and affairs deputies instruct a firm with which they are associated to carry out instructions for P, or to conduct litigation on P’s behalf.
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Recommendations "[...] 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
''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, Education
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 Junior Junior Panel
- Bar Professional Training Course, City Law School, 2012 – 2013
Professional bodies
- Lincoln's Inn, Member
- Western Circuit, Member
- Education Law Association
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's Emma Waldron and Matthew Wyard hosted a webinar on ''Court of Protection: Property & Affairs'' on Wednesday 9 December 2020 focusing on the issues of Deputies and their cost recoverability. In this recording Emma and Matthew discuss the decision of the Court of Protection in ACC & Ors and its impact on the ability of property and affairs deputies to recover their costs of legal proceedings from the protected party’s assets. They also consider...
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3PB's specialist education law barristers have published the third edition of the 3PB Education team’s newsletter edited by Katherine Anderson. The newsletter features contributions from Charlotte Hadfield, Emma Waldron, Alice de Coverley, Matthew Wyard, and Alex Leonhardt. You will find this quarter’s newsletter packed full of 3PB news, analysis and case law updates, as well as our opening hours over the Christmas period. The newsletter covers various topics including: School attendance in times of covid-19...
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3PB’s public law barrister Matthew Wyard, who specialises in the education sector, has evaluated the snappily-titled ‘The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No.1) Order 2020 which came into force this Monday 2 November. Also considered was the Additional Learning Needs Co-ordinator (Wales) Regulations. The Order gives powers to the Welsh Ministers to make regulations to give detail to the 2018 Act, including the ALN Co-ordinator Regulations. The Regulations, only now...
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Welcome to the second edition of the 3PB Education Team’s newsletter, edited by Matthew Wyard and featuring contributions from Caroline Stone, Katherine Anderson, Emma Waldron, Sarah Bowen, Naomi Webber, Alice de Coverley and news about Emma Waldron, Matthew Wyard and Hannah Bush. The past few months have been packed full with news and changes for the sector, with some of the most interesting changes for years, both from a political and legal perspective. Editing this quarter’s...
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