Emma Waldron > Chambers of David Berkley KC > London, England > Barrister Profile

Emma Waldron

020 7583 8055 emma.waldron@3pb.co.uk View profile View profile

Work Department

Education; Mediation; Court of Protection; Public and Regulatory.

Position

Emma Waldron practises exclusively in the fields of Education Law, Clinical Negligence and Court of Protection. She has a very busy practice and finds herself in Court or in Tribunal regularly in tandem with a busy paperwork practice. Emma’s practice has led her to deal with clients in the High Court, Upper Tribunal, County Court and First Tier Tribunal, most recently dealing with two appeals to the Upper Tribunal that were both successful.

Within Emma’s prolific Education practice, she has been instructed on a number of cases on the National Trial involving complex social and health care issues. As a former Teaching Assistant and Governor at a Maintained Special School for children with severe profound and multiple learning difficulties, Emma has a strong interest in dealing with cases within the SEN arena.

In a recent B, F and I appeal, Emma successfully negotiated a settlement at the door of the court which lead to a local authority naming a 38-week placement at a specialist Independent school.

Emma’s knowledge and experience within the care industry gives her a real sense of what good care is.  She has regularly dealt with accidents and negligence in care homes. The service that Emma provides to her lay clients is second to none and has been proven when dealing with her many cases of a sensitive nature.

Education

Emma is regularly instructed on behalf of parents, young persons, independent schools, academies, charities, local authorities and universities advising on all aspects of Education Law.

Emma regularly works in the following areas of Education Law:

• SEND
• Disability Discrimination
• Educational Negligence
• Judicial Review
• Complex admissions arrangements and appeals
• Exclusions
• Breach of Contract
• Debt Recovery
• Deprivation of Liberty (DOLS)
• Academic Appeals and Fitness to Practice
• Ofsted Appeals
• Safeguarding

Within Emma’s practice, she has been instructed on a number of cases on the National Trial involving complex social and health care issues. In a recent B, F and I appeal, Emma successfully negotiated a settlement at the door of the court which lead to a local authority naming a 38-week placement at a specialist Independent school.

As a former Teaching Assistant and Governor at a Maintained Special School for children with severe profound and multiple learning difficulties, Emma has a strong interest in matters within the SEND field.

Emma also has extensive experience in providing training to Schools and Expert witnesses on Ofsted Appeals. In her practice, she has advised numerous clients on challenging Ofsted decisions. Most recently, she advised a nursery school manager whose provision was faced with imminent closure. The case comprised complex legal argument and the provision of sensitive advice to a client who was under a huge amount of pressure (her livelihood and future career prospects being at stake).

Latterly, Emma has been instructed by one of the most prestigious universities in the country to act on a Disability Discrimination claim. She has found that her commitment and passion for working with universities across the country to offer them clear and commercial advice has been very well received.

Emma has significant experience in dealing with Disability Discrimination claims both in the FTT and County Court and has recently held training sessions and lectures on this subject. Emma is passionate about passing on her vast knowledge and experience within this sector and openly attracts the opportunity to host training days and lectures to a number of our clients.

Mediation 

Emma is an ADR Group Accredited Mediator.

Court of Protection (Family)

Emma’s practice in the fields of Education Law and Personal Injury Law has, in recent years, led her to advise on matters of capacity and issues involving the Court of Protection.

She has a particularly strong interest in:

• Deprivation of Liberty Safeguarding
• Issues surrounding consent to medical treatment
• Lasting Powers of Attorney
• Deputyship.

Having previously worked in the care industry and in special schools, Emma has a unique insight into questions of care and capacity. She recently delivered a talk on the Care Act 2015 and its interplay with the Mental Capacity Act 2005.

She is happy to take instructions from local authorities or individuals.

Recent cases:

• Re MD: acting on behalf of the Official Solicitor in relation to an application to revoke an LPA and appoint a Welfare Deputy
• Re ALS: acting on behalf of the Official Solicitor in respect of challenge to a standard authorisation which deprived P of his liberty
• Re FL: acting on behalf of the Applicant who was seeking to oppose the registration of an LPA which had been purportedly obtained by duress
• Re RB: judicial review proceedings, challenging a local authority’s decision that the Applicant was not eligible for care and assistance under the Care Act 2014.

Public and Regulatory

Emma Waldron is an expert in all aspects of education law and in regulatory proceedings. Emma is regularly instructed on behalf of parents, young persons, independent schools, academies, charities, local authorities and universities advising on all aspects of education law.

As a former Teaching Assistant and Governor at a Maintained Special School for children with severe profound and multiple learning difficulties, Emma has a strong interest in matters within the SEND field.

Emma also has extensive experience in providing training to schools and expert witnesses on Ofsted Appeals and has advised numerous clients on challenging Ofsted decisions. For instance, in January 2023, she successfully acted for a registered childminder in getting their suspension lifted in an appeal against Ofsted.

Career

Year of call 2011

Memberships

• Education Law Association (ELAS)
• Member of the Association of Women Barristers
• Personal Injury Bar Association (PIBA)
• ADR Group Accredited Mediator

Education

• BPTC (BPP Law School, 2010-2011) – Outstanding
• GDL (BPP Law School, 2009-2010)
• BA (Hons) Politics (St Chad’s College, University of Durham)