Public Law & Human Rights
Joanne is a public law specialist. She was Chambers & Partners Public Law and Human Rights Junior of the Year and prior to taking silk, was top ranked by the directories as a leading junior in Administrative & Public law and Civil Liberties & Human Rights. She practices in all areas of judicial review and public law, including human rights cases and commercial judicial review. Joanne acts for central and local government, other public bodies, third sector organisations, companies and individuals. She appears frequently in the Administrative Court, the Court of Appeal and Supreme Court (including as leading counsel).
Joanne has experience of judicial review claims in a wide range of contexts, ranging from a £5 billion challenge to the PIP regime, a challenge to NHS hospital closures, challenge to the much criticised reforms to criminal legal aid services, various challenges to the legal framework governing the deprivation of liberty of children, and challenges to forced Academy conversions.
Joanne has particular expertise in devolution issues (having appeared before the Supreme Court in two devolution references) and in local government law (see Local Government details below)
Joanne has an extensive advisory and litigation practice in the human rights field. She has experience of dealing with cases raising human rights issues across a wide range of areas from the state’s obligation to investigate deaths in detention, to religious freedoms and privacy rights. She has particular expertise in Article 14 and discrimination issues, and Article 5 and deprivation of liberty.
Joanne is extremely experienced at a range of judicial review challenges, particularly in respect of education, health and central and local government vires.
Chambers & PartnersJo is committed and extremely clever. She grips complex legal issues and provides pragmatic solutions.
Chambers & PartnersJoanne provides an exceptional service in connection with high-profile and politically contentious matters.
Chambers & Partners
R (Article 39) v Secretary of State for Education
[2022] EWHC 589 (Admin), Admin Ct, March 16 2022, [2022] 25 CCLR 271
Acted for the Secretary of State in a challenge to regulations which prohibited placements for looked after children under the age of 16 in unregulated accommodation, but did not alter the position in relation to 16 and 17 year olds.
R (A) v Secretary of State for the Home Department
[2022] EWHC 360 (Admin), Admin Ct, February 18 2022, [2022] ACD 65
Acted for the Secretary of State in a challenge to the consultation leading up to the Nationality and Borders Bill, raising important issues about Parliamentary privilege and non-justiciability
R (Kays) v Secretary of State for Work and Pensions
[2022] EWHC 167 (Admin)
Acted for the Secretary of State in challenge to the regime governing disabled students’ access to universal credit
MOC v Secretary of State for Work and Pensions
[2022] EWCA Civ 1, CA, January 11 2022, (2022) 25 CCLR 63
Challenge dismissed to the rule that payments of disability living allowance to an adult are suspended after 28 days in hospital
Derby City Council v BA, OM, CK
[2021] EWCA Civ 1867; [2021] EWHC 2931 (Fam), Fam Div, November 3 2021, (2022) 25 CCLR 31
The High Court will not ordinarily countenance the exercise of its inherent jurisdiction to authorise the deprivation of liberty of a child in circumstances where an unregistered placement either would not or could not comply with the requirement in practice guidance to apply expeditiously for registration. Joanne appeared for Ofsted (in the Court of Appeal and High Court
In re T (a child)
[2021] UKSC 35, SC July 30 2021, [2021] 3 WLR 643; (2021) 24 CCLR 339
Placement of child in unapproved children’s home outside statutory scheme – Whether court to make order under inherent jurisdiction authorising placement. Joanne appeared for the Secretary of State for Education, intervening
R (Enterprise Managed Service) v Secretary of State for Housing, Communities and Local Government
[2021] EWHC 1436 (Admin), Admin Ct, May 27 2021, [2021] 1 WLR 5062
Guidance regarding discretion of administering authorities under Local Government Pension Scheme Regulations to award exit credits to contractor employers
R (Blundell) v Secretary of State for Work and Pensions
[2021] EWHC 608 (Admin), Admin Ct, March 17 2021, [2021] PTSR 1342
Secretary of State’s policy on making deductions from universal credit to pay fines imposed under the criminal law was unlawful
R (Yew Tree Primary School) v Secretary of State for Education
[2021] EWHC 2084 (Admin), Admin Ct, July 23 2021, [2021] ACD 104
Secretary of State’s refusion to revoke academy order made in relation to a maintained school had been irrational
Mazhar v Lord Chancellor
[2021] Fam 103
Appeal examining the circumstances in which a claim in respect of judicial acts is permissible under section 9 of the Human Rights Act 1998. Joanne acted for the Lord Chancellor
Barnet LBC v AG
[2021] EWHC 1253 (Fam)
Claim for declaration of incompatibility contending that the diplomatic immunity provisions in the Vienna Convention on Diplomatic Relations and the Diplomatic Privileges Act 1964 are incompatible with Article 3 of the ECHR to the extent that they prevented a court from hearing and deciding an application for child protection measures in respect of children of diplomats. Joanne appeared for the Secretary of State for Foreign and Commonwealth Affairs (appeal to CA outstanding)
Re ACC
[2020] EWCOP 9, CP, February 27 2020, [2020] COPLR 406
Court of Protection clarified the scope of ordinary authority granted to a property and affairs deputy on their appointment. Joanne appeared for the Public Guardian
In Re D (by his litigation friend, the Official Solicitor) v Birmingham City Council (the EHRC and the Secretary of State for Education/Justice intervening)
[2019] 2 WLR 5403
Appeared before the Supreme Court in this test case determining the circumstances in which a child is deprived of liberty for the purposes of Article 5 ECHR and the role of parental consent
R (Crompton) v Police and Crime Commissioner for South Yorkshire
[2018] 1 WLR 131
whether decision by Commissioner to require Chief Constable to resign as a result of comments he made after the Hillsborough inquest verdicts were announced was unlawful; case raised important issues under Article 8 ECHR and the impact on the Chief Constable’s reputation
R (Ferreira) v HM Senior Coroner for Inner South London and others
[2018] QB 487
whether an individual is deprived of their liberty under Article 5 ECHR in an intensive care setting








