Hannah Lynch

Civil and Public Law

“Very experienced in handling cases involving special educational needs and disabilities”

(The Legal 500 2018)

Hannah’s civil practice encompasses a variety of areas:

Education Law/Special Educational Needs & Disabilities

Hannah has considerable expertise in this area and is one of only a handful of juniors outside London able to advise on such matters.

Hannah acts for clients across the full range of education-related disputes, including:

• Claims before the First-Tier Tribunal (SEND) and Upper Tribunal related to Education, Health and Care Plans
• Disability Discrimination proceedings
• Judicial Review claims against Local Authorities and government departments.
• Admissions and exclusion appeals.
• Claims involving universities, Multi-Academy Trusts and further/higher education providers.
• Teachers’ disciplinary proceedings.

Hannah provides ongoing training and legal advice to numerous local authorities in all areas of Education law; and in relation to associated Employment, Court of Protection and procurement proceedings. She advises local authorities preparing for- and responding to- Local Area SEND inspections carried out by Ofsted and the CQC; and was seconded part-time to Calderdale Council in 2017 to advise in this area.

Hannah writes articles for the Education Law Journal and writes for Lexis Nexis on SEN law. She was a speaker at the Jordans SEN Conference in 2017.

O County Council v Parents of J:

Represented a local authority in an appeal to the Upper Tribunal brought by a parent in relation to necessary educational provison in Section F of her child’s EHC Plan. Case concerned education other than at school and the ‘waking day’ curriculum.

W Borough Council v Parents of CF:

Advised a local authority in judicial review proceedings, relating to the continuation of funding of a post-19 residential school placement for a young person with severe learning difficulties.

X Council v Parents of WB:

Advised a family considering bringing judicial review proceedings against their local authority in relation to the appropriate school placement for their child with autism and associated difficulties.

Y County Council v Parents of LC:

Represented a primary school in disability discrimination proceedings brought by the parents of a child with learning difficulties.

Judicial Review

Hannah acts for individuals and public bodies in judicial review proceedings; and frequently advises local authorities in public law proceedings concerning Special Educational Needs/ Adult Education / Social Care matters.

Hannah works with numerous local authorities and Health providers. She is therefore well placed to advise on judicial review claims concerning all functions of local and central government related to the provision of education and care for children and adults.

P v Newton Aycliffe Youth Court:

Appeared before Treacy LJ and McGowan J in the Divisional Court in a substantive judicial review claim, challenging the decision of a Youth Court not to grant an intermediary to a young defendant with learning difficulties. Application successful.

W Council v Parents of S:

Advised a local authority facing judicial review proceedings, in relation to its alleged failure to provide appropriate education for S, a child with autism and severe learning difficulties. Drafted Response to Pre-Action Protocol letter on behalf the LA. Parents did not proceed with a claim for judicial review.

X v (1) Newcastle Crown Court; (2) Northumbria Police; (3) Director of Public Prosecutions:

Appeared as junior alone in the Divisional Court, representing an interested party in a judicial review claim arising out of criminal proceedings.

Probate, Wills and Inheritance Act Claims

Hannah regularly advises and represents clients in contested probate proceedings and claims brought under the Inheritance (Provision for Family and Dependents) Act 1975. Hannah also represents clients at mediation.

Hannah has a good understanding of capacity issues (through her special educational needs and Court of Protection work) and is able to advise on issues relating to testamentary capacity and undue influence.

In the Estate of C:

Represented a lay client at mediation whose brother had brought claims against the estate of their late mother under the Inheritance (Provision for Family and Dependents) Act 1975 and under the doctrine of proprietary estoppel.

In the Estate of J:

Advised a client seeking to claim against his Father for breach of his duties as a trustee, in relation to a trust declared in the will of the his late mother.

In the Estate of A:

Advised a client resisting challenge to her Mother’s will on the grounds of want of knowledge and approval, lack of capacity and undue influence.

Tax Law

Hannah advises and represents clients in contested probate and Inheritance Act claims. She represents HMRC, companies and individuals in proceedings before the Tax Tribunal and in the Chancery Division, in cases concerning:

• VAT registration
• Decisions of the Revenue and Customs Commissioners
• Capital Gains tax liability
• Company valuations.

Hannah is able to accept direct access instructions in this area, in appropriate cases.

• Foulser v HMRC: Led by Simon Myerson QC in a two-week case before the Upper Tribunal (Tax) regarding evasion of capital gains tax and the true value of an unlisted company. This involved expert evidence for the Appellants and HMRC.
• HMRC v A.H. Ltd: Instructed to represent the Respondents in their claim against HMRC for retrospective removal of tax relief afforded by the Enterprise Investment Scheme.
• HMRC v Cade: Represented HMRC as Respondent in the First-Tier Tribunal (Tax) in an appeal against the decision of the Revenue and Customers commissioners made under s139 of the Customs and Excise Management Act 1979.

Court of Protection

Hannah acts in both ‘Health and Welfare’ and ‘Property and Affairs’ cases; and is very familiar with the DOLS regime. Hannah’s SEN practice makes her well-placed to advise in cases concerning young adults with learning difficulties.

In the matter of JPR:

Represented P’s mother in proceedings brought the local authority in an effort to resolve a dispute as to the residence and contact arrangements that ought to be in place between P (a young man with profound learning difficulties) and his parents.

In the matter of LJB:

Acted for the Applicants in a contested ‘property and affairs’ deputyship case. The Patient had advanced vascular dementia and no longer had capacity, within the meaning of the Mental Capacity Act 2005. The Objectors’ were suspected of stealing from the Patient’s estate and objected to the Applicants (the Patient’s natural children) being granted deputyship. The Applicants were awarded deputyship and the Objectors’ objections were dismissed.

Family

Private Law Children

Hannah acts for parents in all types of child arrangements proceedings, including those involving fact-finding hearings. Hannah has significant experience of cases involving relocation and jurisdiction issues. Hannah is frequently instructed in applications for emergency remedies under Part IV of the Family Law Act 1996.

Care

Hannah acts for parents, Local Authorities and Guardians in Care proceedings. Hannah previously worked for a Local Authority and her knowledge of the workings of Social Care departments is of assistance in representing clients in these types of case.

N Local Authority v L:

Successfully represented a Local Authority in a three day final hearing in a neglect case. Care and Placement Orders made in respect of both subject children.

C Local Authority v K & K:

Successfully represented a Local Authority in an eight day contested ICO application, where the First Respondent Mother was represented by a family Silk. Emotional harm case involving expert evidence from a clinical psychologist.

Financial Remedy

Hannah accepts instructions in all areas of Financial Remedy work, including cohabitation/TOLATA cases. She has experience of high-value cases involving business valuations and other expert evidence.