Charlotte Hadfield > Chambers of David Berkley QC > London, England > Lawyer Profile

Chambers of David Berkley QC
3PB
3 PAPER BUILDINGS, TEMPLE
LONDON
EC4Y 7EU
England

Work Department

Employment; Education; Asset Forfeiture; Business and Commercial.

Position

Charlotte Hadfield is the Head of 3PB’s Education Team.

Her main specialism is in public law, particularly education, health and social care, with a complimentary expertise in employment cases and professional discipline cases arising out of related sectors.

Education, health and social care

Charlotte accepts instructions across the full spectrum of these interrelated areas, including:

  • SEND appeals (including National Trial cases)
  • Discrimination (including disability discrimination) claims in the FTT and County Court
  • Judicial review, including decisions relating to SEN provision under EHC Plans, education otherwise than at school, continuing healthcare assessments, social care assessments, unlawful exclusions
  • Governance issues in academies and free schools
  • School/parent relationships, including parent bans, internal complaints, protection from harassment
  • Admissions (lawfulness of admissions arrangements, compatibility of admissions arrangements with the Equality Act 2010 and the Human Rights Act)
  • Exclusion appeals
  • Legal action in respect of Ofsted and CQC reports (schools, care providers)
  • Appeals against cancellation of registration by Ofsted (Early Years and Child Care providers)
  • Contractual and tortious claims against education providers
  • Safeguarding, DBA (formerly CRB) issues
  • Internal academic appeals and fitness to practice hearings
  • NCTL proceedings (see also Charlotte’s Public and Regulatory profile)
  • Disputes relating to school fees

Mental Capacity/Court of Protection

Charlotte accepts instructions to appear in the Court of Protection and is well versed in Court of Protection practice and procedure.  She is experienced in anticipating and addressing points about capacity that may arise in education, health and care proceedings outside of the Court of Protection, e.g. in relation to young persons in appeals before SENDIST.

Charlotte regularly delivers training on the law relating to education, health and social care to a variety of different audiences, including solicitors, local authorities, university student advisors, lay panel members and parents.

For Charlotte’s education law expertise please see her Education profile

Employment and Discrimination

Charlotte is instructed by Claimants and Respondents across the full spectrum of employment law.  She has a particular interest in employment cases in the education, health and care contexts and regularly advises on:

  • Unfair dismissal
  • Redundancy
  • Breach of contract/unlawful deductions
  • Working Time Regulations
  • TUPE
  • Discrimination
  • Whistleblowing
  • Equal Pay
  • Breach of Restrictive Covenants

Charlotte regularly delivers training on employment law to solicitors and HR professionals. Please see Charlotte’s separate Education & Discrimination profile.

Professional Discipline

Charlotte also regularly accepts instructions in respect of all of the professional regulators, including teachers before the NCTL, regulated healthcare practitioners before the HCPC, GMC, GDC, GOC etc, and solicitors before the SDT.

Charlotte also acts for students pursuing qualifications in the regulated sector, whether they are facing action from the external regulator or internal disciplinary action from their course provider.

For Charlotte’s Disciplinary & Regulatory Proceedings expertise please see her separate profile.

EMPLOYMENT

Charlotte is instructed by Claimants and Respondents across the full spectrum of employment law.  She has a particular interest in employment cases in the education, health and care contexts. She regularly advises on the following claims:

  • Unfair dismissal
  • Redundancy
  • Breach of contract/unlawful deductions
  • Working Time Regulations
  • TUPE
  • Discrimination
  • Whistleblowing
  • Equal Pay
  • Breach of Restrictive Covenants

She is frequently instructed on behalf of both Respondents and Claimants in complex discrimination/detriment cases, and has extensive experience of cases involving direct/indirect discrimination and/or victimisation and harassment; whistleblowing, equal pay, and detriment to part-time workers. Charlotte has a particular interest in TUPE cases.

Charlotte has also represented clients charged with disciplinary offences before professional regulators.  She has particular insight into the operation of disciplinary panels thanks to her experience as a Legal Assessor for the Nursing and Midwifery Council.

The crossover between Charlotte’s education practice and her employment practice, means that she is ideally placed to act in employment claims by teachers.  She has extensive experience of acting on behalf of local authorities, schools and teachers in employment claims.

On the non-contentious side, Charlotte is available to advise on the drafting and interpretation of contracts of employment, disciplinary and grievance procedures, and compromise agreements.

Reported cases:

  • Harris v Academies Enterprise Trust [2015] IRLR 208 EAT (whether employment tribunals are bound by Mitchell case management principles)
  • Morgan Motor Co Ltd v Morgan (2015) UKEAT/0128/15 (factors to be taken into account when considering an application for relief from sanction)
  • Crystal Palace FC Ltd and Anor v Kavanagh & Ors [2014] IRLR 139 CA (whether an administrator can dismiss for an ETO reason)

EDUCATION

Charlotte is passionate about education and enjoys a wide and varied practice covering the full spectrum of education law and related regulatory law.  She is regularly instructed on behalf of parents, young people, students, schools, academies, HE providers, local authorities, universities and Early Years and Child Care providers/practitioners.

Her work includes:

  • SEND appeals (including National Trial cases)
  • Discrimination (including disability discrimination) claims in the FTT and County Court
  • Judicial review, including decisions relating to SEN provision under EHC Plans, education otherwise than at school, continuing healthcare assessments, social care assessments, unlawful exclusions
  • Governance issues in academies and free schools
  • School/parent relationships, including parent bans, internal complaints, protection from harassment
  • Admissions (lawfulness of admissions arrangements, compatibility of admissions arrangements with the Equality Act 2010 and the Human Rights Act)
  • Exclusion appeals
  • Legal action in respect of Ofsted and CQC reports (schools, care providers)
  • Appeals against cancellation of registration by Ofsted (Early Years and Child Care providers)
  • Contractual and tortious claims against education providers
  • Safeguarding, DBA (formerly CRB) issues
  • Internal academic appeals and fitness to practice hearings
  • NCTL proceedings (see also Charlotte’s Public and Regulatory profile)
  • Disputes relating to school

Charlotte regularly provides training on education law to a variety of different audiences, including LEAs, solicitors, university student advisors, lay panel members and parents.

Reported cases

  • DJ, R (on the application of) v Welsh Ministers & Anor [2018] WLR (D) 646
  • DS, R(on the application of) v Wolverhampton City Council [2017] ELR 630
  • SN v Nottinghamshire County Council [2014] UKUT 002 (AAC)
  • Oxfordshire County Council v JL (2010) EWHC 798 (Admin)

Mental Capacity/Court of Protection

Charlotte accepts instructions to appear in the Court of Protection and is well versed in Court of Protection practice and procedure.  She is experienced in anticipating and addressing points about capacity that may arise in education, health and care proceedings outside of the Court of Protection, e.g. in relation to young persons in appeals before SENDIST.

DISCIPLINARY AND REGULATORY PROCEEDINGS

Charlotte accepts instructions in respect of all of the professional regulators, including teachers before the NCTL, regulated healthcare practitioners before the HCPC, GMC, GDC, GOC etc, and solicitors before the SDT.

Charlotte also acts for students pursuing qualifications in the regulated sector, whether they are facing action from the external regulator, or internal disciplinary action from their course provider.

Charlotte specialised in criminal law for the first 6 years of her practice and has since specialised in education, regulatory and employment law.  She has an excellent understanding both of the regulatory/criminal law that governs regulatory proceedings, and of the persuasive advocacy required to achieve the best possible result for her clients.  Charlotte is also able to advise clients on associated legal action, e.g. judicial review in respect of publication decisions.

Recent work includes:

  • Representing a student nurse facing internal disciplinary action and removal from their nursing degree
  • Representing a solicitor accused by the SRA of misleading the court
  • Representing a solicitor accused by the SRA of failing to act with integrity and compromising client confidentiality
  • Representing a teacher accused by the NCTL of “grooming” a pupil
  • Representing a registered psychologist before the HCPC

Career

Called 1999, Inner Temple. Accredited mediation advocate.

Memberships

Accredited Mediation Advocate

Education

  • LLB (Hons)
  • LLM, London School of Economics

Lawyer Rankings

London Bar > Education

(Leading Juniors) Ranked: Tier 4

Charlotte Hadfield3PBA go-to barrister in the area of education law.

3PB has a ‘strong education practice‘, where it offers a good choice of counsel‘. Its members are ‘efficient, friendly, and expert in their field‘. Charlotte Hadfield acted for an interested party in an application for judicial review of a refusal to carry out an assessment of an individual’s education needs. Aimee Fox successfully represented a local authority in a major judicial review on the application of section 19(1) of the Education Act 1996.