Benjamin Harrison

Call 2016

Benjamin Harrison | Call 2016

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Overview

Ben is instructed by Local Authorities and parents in appeals concerning Education Health Care Plans and discrimination claims under the Equality Act 2010. He has extensive experience before the First-tier Tribunal and also advising as to the merits of challenging those decisions by way of appeals to the Upper Tribunal.

Education

Cases and work of note

  • London Borough of Islington v A [2024] UKUT 252 (AAC)
    Ben appeared before the successful appellant before the Upper Tribunal in this case, which clarified the inquisitorial nature of the First-tier Tribunal’s jurisdiction in appeals concerning EHC Plans.
  • M v A Local Authority [2022]
    Ben was instructed by a Local Authority to defend an EHC Plan which made provision for a transition plan to be overseen by a school with the aim of getting M back into school within 6-8 months, and resist provision being made for education in a location otherwise than in a school setting.
  • F v A local authority [2021-2022]
    Ben was instructed on behalf of parents in respect of an appeal against Sections B, F and I of an EHC Plan. Ben’s early advice helped to secure a concession that a waking day curriculum be provided in Section F of the Plan, such that the parent’s preferred boarding school was ultimately named in Section I. Fresh proceedings were issued in 2022 when that placement broke down, which are currently ongoing.
  • R v A Local Authority [2020]
    Ben was instructed on behalf of parents in respect of an appeal against Sections B, F and I of an EHC Plan. Social and health provision—in line with the national trial—is also in issue. The student’s needs were highly complex. The appeal was conceded by the Local Authority
  • K v A Local Authority [2020]
    Ben acted on behalf of a student in an appeal against sections B, F and I of an EHC Plan. The local authority sought an adjournment so that they could obtain a further SALT assessment out of time. Ben was successful in (i) resisting this application and (ii) ensuring that the SALT evidence preferred by his client was inserted into the student’s EHC Plan.
  • K v A Local Authority [2019]
    Ben represented a parent in their application for permission to appeal to the Upper Tribunal (AAC).
  • H v A Local Authority [2019]
    Ben represented a local authority in complex proceedings where the FTT ordered—on the back of an agreement Ben negotiated—the trialling of a bespoke package of education in a location otherwise than in a school setting.
  • E v A Local Authority [2019]
    Ben acted on behalf of a student in a discrimination claim under the Equality Act 2010. He advised on the costs jurisdiction available to the FTT in SEND claims.
  • R v A Local Authority [2019]
    Ben acted on behalf of a local authority and defended the decision not to issue an EHC Plan.

AWARDS

  • BPTC Scholarship: The William Shakespeare Memorial Award, Gray’s Inn
  • BPTC Scholarship, BBP University
  • Foundation Scholarship, Pembroke College, Cambridge
  • College Prize, Pembroke College, Cambridge
  • Winner of the Brick Court Team Moot, University of Cambridge (2015)
  • Finalist in the Quadrant Chambers Fledglings Moot Competition, University of Cambridge (2015)

QUALIFICATIONS

Law: M.A. (Cantab.), First Class

MEMBERSHIPS

  • The Honourable Society of Gray’s Inn
  • Ecclesiastical Law Society

FURTHER INFORMATION

For further details of Ben’s practice please click on the links to the left or contact a member of the clerking or client service teams.

Bar Council Membership No: 67611
Registered Name: Benjamin Harrison
VAT Registration No: 314361140

Privacy

Ben adopts and adheres to the provisions of his privacy notice which can be accessed here.