Anna Tkaczynska

Experience And Expertise

Mental Capacity and Mental Health
In the Court of Protection, Anna is instructed by the Official Solicitor, the Public Guardian, RPRs, local authorities, NHS Bodies in both England and Wales, and individuals in range of matters under the Mental Capacity Act 2005.  She is praised by her clients for her sensible, pragmatic and constructive approach, as well as her skill and sensitivity when acting for or being against vulnerable individuals.

Anna’s recent work has included:

• Hearings to determine capacity, in particular where her client was found to have capacity to conduct proceedings but lacked subject matter capacity;
• Cases determining issues related to residence, care, contact, sexual relations, education, and the use of social media;
• Cases where P is alleged to be the victim of abuse (including coercive behaviour and sexual grooming) and where serious safeguarding issues have been raised;
• Injunctive relief, particularly in relation to contact with others;
• Cases where the interface between the Mental Capacity Act 2005 and the Mental Health Act 1983 and/or the Children and Family Act 2014 are in issue;
• Deprivation of liberty challenges and related human rights claims;
• The appointment and revocation of deputies (in both welfare and finance cases).

Outside of the Court of Protection, Anna has extensive experience of:

• Applications in the County Court (in relation to displacing the nearest relative under the Mental Health Act 1983);
• Applications in the High Court under the inherent jurisdiction;
• Applications in the High Court in relation to the deprivation of liberty of children.

Her experience in education and housing means she is ideally suited to deal with cases where issues specific to either area arise in Court of Protection proceedings.

Anna co-authored chapter five: Restraint and Deprivation of Liberty in the fourth edition of the book Medical Treatment: Decisions and the Law, edited by Christopher Johnston KC and Sophia Roper KC.

Education
Anna’s education practice covers the full spectrum of schools law. She is instructed by local authorities, schools, academies, parents and young people. Her work includes:

• Special educational needs cases in the First Tier Tribunal and appeals to the Upper Tribunal (especially complex National Trial cases involving health and/or social care issues);
• Bringing and defending discrimination claims in the First Tier Tribunal (disability) and County Court;
• Judicial review in the context of special educational provision, education otherwise than at school, transport, social care assessments, and unlawful exclusions;
• Governance advice for independent, academy and free schools;
• Representing parents and schools in admission and exclusion appeals;
• School/parent relationships including parent bans, harassment claims and complaints;
• Breach of contract and tortious claims for and against education providers; and
• Providing bespoke training for local authorities and school staff on issues such as special educational needs and appeals, school exclusions and good governance.

Health and social care
Anna is regularly instructed to advise on community care and healthcare disputes relating to both adults and children. Her work includes disputes relating to ordinary residence, NHS Continuing Healthcare, service provision and charging.  She is well-placed to advise generally (including on policies and procedures) and to act in litigation (including judicial review).

Social Housing
Anna has a particular interest in cases where capacity and or disability are in issue. Her practice covers all aspects of housing law including:

• Bringing and defending possession claims (rent arrears, anti-social behaviour, regeneration, fraud, unlawful subletting, trespassers) and dealing with consequent defences and counterclaims (disrepair, human rights, mental health and capacity, Equality Act 2010 including challenges relating to the PSED, policy challenges);
• Bringing and defending claims relating to anti-social behaviour including civil injunctions, committal proceedings, closure orders and civil restraint orders;
• Homelessness appeals;
• Advice on the lawfulness of policies and procedures and on specific legal issues in managing social housing, such as decants to accommodate regeneration projects; and
• Licensing of residential accommodation in the FTT (Property Chamber).

Recommendations

Anna is recommended by both the leading legal directories for her expertise in Court of Protection and social housing. She is also ranked by Chambers & Partners for her expertise in education. Anna is described as “really efficient, on the ball, bright and pleasant to deal with.”

Other recent directory editorial includes the following:

• Anna’s attention to detail is second to none;
• meticulous, thorough, proactive, fully invested in every case and always goes above and beyond;
• she fights hard for all her clients;
• Anna is always prepared;
• she is a fantastic advocate;
• She has strong skills in education law and also extensive expertise in housing, Court of Protection and local government law;
• She is really approachable, extremely thorough and very knowledgeable;
• She really cares about her clients;
• Anna is very good;
• She is garnering growing market attention for her interpersonal and advocacy skills;
• Very eloquent and great on her feet;
• Anna is an exceptional advocate and has achieved fantastic results on many cases;
• Very concise and efficient;
• She is hardworking, extremely thorough, highly knowledgeable and is exemplary in all aspects of her work;
• She is a fantastic barrister;
• Very knowledgeable, efficient and always goes the extra mile to provide assistance on tricky cases;
• She is really thorough, gets straight to the key issues;
• She is extremely good at putting clients at ease and understanding complex issues quickly;
• Remains calm under pressure;
• Her technical knowledge is very good;
• She is really approachable, extremely thorough and very knowledgeable;
• Her written work is exemplary;
• Very detail-oriented and covers all points that are raised with care and precision; 
• She has a clear understanding of the needs of the client;
• She is deeply effective in terms of her advocacy – she knows exactly the right questions to ask at exactly the right time;
• Extremely thorough, meticulous attention to detail and excellent drafting skills, tenacious and firm, but calm;
• An ability to take on and absorb complex information about a case and then provide really helpful and constructive advice;
• A fantastic Court of Protection advocate who brings a very proactive and sensible approach to cases;
• She’s always very calm and will listen to everyone’s opinion;
• Intelligent and passionate, she fights for a good outcome for the client;
• She takes a reasonable and rational approach and provides strong and practical advice to her clients;
• She is excellent at having a clear idea of how to manage the practical issues and finding a way forward in difficult situations;
• Her housing law expertise is complemented by her knowledge about public law, Equality Act and capacity issues;
• Meticulous in her preparation and brings a good, pragmatic approach to court;
• She’s very well regarded by her peers and solicitors, as well as judges;
• Analytically sound, she shows skill in presenting arguments in an understandable and reasoned way;
• She is excellent and very knowledgeable;
• Practical, extremely approachable, and her preparation is meticulous – she doesn’t miss a detail;
• She is concerned about getting the best results for the client, in addition to the long-term results for them with a concern for the practicality and real-life circumstances;
• She’s thorough, experienced and incredibly detailed in her work;
• She’s a very good advocate – she makes her points in a sensitive and not aggressive way, but still firm and clear enough to get across the points she needs to make;
• She is incredibly diligent and conscientious, and she really cares about her cases;
• Her legal knowledge is fantastically in-depth; and
• She provides a dedicated and excellent service. She is hard-working and has achieved some great results on complex cases.

Cases and work of note

• CB v Birmingham City Council [2018] UKUT 13 (AAC); [2018] ELR 283
  The tribunal determined it was not obliged to show that each item of education provision that a child required was avaible in any and all mainstream schools in the area; the needs assessment merely required consideration of schools in general within the area.
• P v Surrey County Council (1) Surrey Downs Clinical Commissioning Group (2) [2015] EWCOP 54
  The court examined a local authority’s duties when issuing a standard authorisation. Local authorities must independently review a relevant person’s situation and consider suitable alternatives rather than simply adopt the views of the best interests assessor. In the instant case, the court found that a 10-month standard authorisation was unlawful where the best interests assessment had found that the placement was only suitable for a short period.
• Essex County Council v TB (SEN) [2014] UKUT 0559 (AAC); [2015] ELR 67
  The decision provides further clarification on the extent of the duty to have regard to parental preference and guidance on how the FTT should deal with reviews of decisions unders.9 of the Tribunals Courts and Enforcement Act 2007.
• Manchester City Council v JW [2014] UKUT 0168 (AAC); [2014] ELR 304.
  The decision sets out useful guidance on circumstances in which a tribunal can order a local authority to maintain a statement.

Publications

Anna co-authored chapter five: Restraint and Deprivation of Liberty in the fourth edition of the book Medical Treatment: Decisions and the Law, edited by Christopher Johnston KC and Sophia Roper KC and written by 27 members of Serjeants’ Inn.

Anna has authored chapters in the following publications:

• Affordable Housing – Modern Guide to Construction and Delivery (2016, Lexis online publication)
• Social Housing Law in Practice (2015, Lexis online publication)
• Lexis PSL Local Government practical guide

memberships

• Court of Protection Barristers Association
• Human Rights Lawyers Association
• Education Law Association
• Social Housing Lawyers Association
• Administrative Law Bar Association
• Amicus

APPOINTMENTS

• Education Lawyers Association, Elected Committee Member (2021 to date)
• Court of Protection Barristers Association, Elected Committee Member for 3 year term (2019-2022)
• Human Rights Lawyers Association Secretary and Executive Committee Member (2009-2020)

FURTHER INFORMATION

Before coming to the Bar Anna spent time in Malawi working for the Legal Aid Department on murder and manslaughter cases and travelling widely in East Africa.

In 2011 she took a yearlong sabbatical as a research fellow for Reprieve, an NGO which advocates for the human rights of prisoners on death row worldwide, in secret prisons and those detained in Guantanamo Bay. Specifically she worked on a project funded by the European Commission to identify and assist foreign nationals on death row in the USA and was based full time in New Orleans.

Privacy

Anna adopts and adheres to the provisions of her privacy notice which can be accessed here.

ADDITIONAL INFORMATION

For further details of Anna’s practice please contact a member of the clerking or client service team.

Bar Council Membership No: 53573
Registered Name: Anna Maria Tkaczynska
VAT Registration No: 988100111

Anna is qualified to accept instructions under the public access scheme.