Jenni Richards KC

“High quality written work, but the magic is done on her feet. An excellent orator – persuasive and clearly has the ear and respect of the court.” (The Legal 500, 2022)

“Jenni has a brilliant mind – she is a go-to silk for the most complex and strategic administrative law challenges” (The Legal 500, 2024)

Jenni acts for claimants, public bodies and public interest groups across a wide range of areas, including all aspects of healthcare and community care, mental health, regulation, local and central government, education, prisons and welfare benefits. She is often involved in advising public bodies, including NHS bodies, local authorities and regulators, as to the scope and meaning of their powers and duties.

Cases of note include:

• R (Clifford) v Secretary of State for Work and Pensions [2025] EWHC 58 (Admin) – challenge to the lawfulness of the Government’s consultation on disability benefits cuts on the ground that it was misleading
• R (Shashikanth) v NHS Litigation Authority [2024] EWCA Civ 1477 – case examining whether the disputes regarding NHS contracts can be amenable to judicial review
• R (Karmakar & BMA) v Royal College of General Practitioners [2024] EWHC 2211 (Admin) – judicial review of the rationality of the RCGP’s policy on the number of exam attempts as applied to doctors with disabilities
• Secretary of State for Work and Pensions v Eveleigh & others [2023] EWCA Civ 810 - judicial review as to the lawfulness of the government’s National Disability Strategy
• R (Timson) v Secretary of State for Work and Pensions [2023] EWCA Civ 656 - judicial review claim concerning the legality of the scheme for making involuntary deductions from welfare benefits to pay fuel and water debts
• R (Article 39) v Secretary of State for Education [2020] EWCA Civ - challenge to the regulations introduced in response to the pandemic and which had the effect of removing or weakening safeguards for vulnerable children
• Secretary of State for Work and Pensions v Johnson and others [2020] EWCA Civ 778 - challenge to the operation of the Universal Credit scheme on rationality grounds
• R (Hutchinson & others) v Secretary of State for Health and Social Care [2018] EWHC 1698 - case concerning the powers of the Secretary of State and NHS England to introduce a new model for the provision of health and social care in England
• R (Miller) v Health Service Commissioner for England [2018] EWCA Civ 144 - judicial review concerning the requirements of procedural fairness in ombudsman’s investigation into complaints against doctors
• R (Justice for Health) v Secretary of State for Health [2016] EWHC 2338 - junior doctors’ contract:  challenge to the decision-making of the Secretary of State

Much of Jenni’s work is focused on the Human Rights Act.  Her cases have included consideration of the application of Article 1 of the First Protocol in the welfare benefits context, the interpretation of the Human Fertilisation and Embryology Act so as to give effect to Article 8 rights, and the extent of the application of the manifestly without reasonable foundation test with respect to Article 14 and special educational needs funding.

Jenni appeared in the leading cases regarding the procedural and substantive obligations imposed by Article 2 in the mental health context, namely Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74 and [2010] EWHC 865 (QB) and Rabone v Pennine Care NHS Foundation Trust [2012] UKSC 2, and in relation to those deprived of their liberty in the community in R (Maguire) v HM Senior Coroner for Blackpool & Fylde [2023] UKSC 20.   

She has also appeared in leading cases regarding deprivation of liberty in the health and social care context, including P v Cheshire West and Chester Council [2014] UKSC 19 and R (Ferreira) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31.

Cases of note:

• EF v Human Fertilisation and Embryology Authority [2024] EWHC 3004 (Fam) – case concerning the lawfulness of the posthumous use of an embryo with a surrogate, based on reading down the Human Fertilisation and Embryology Act to give effect to Article 8 rights
• Abbasi & another v Newcastle Upon Tyne Hospitals NHS Foundation Trust [2023] EWCA Civ 331 – written submissions for the BMA as an intervenor on the balancing of Article 8 and 10 rights with regard to the identification of doctors
• Jennings v Human Fertilisation and Embryology Authority [2022] EWHC 1619 (Fam) - case concerning the lawfulness of the posthumous storage of embryos, based on reading down the Human Fertilisation and Embryology Act to give effect to Article 8 rights
• R (Drexler) v Leicestershire County Council [2020] EWCA Civ 502 - Case concerning a new school transport policy for children with special educational needs and whether it breached Article 14
• Simone v Chancellor of the Exchequer [2019] EWHC 2609 (Admin) - challenge to the ongoing failure to allocate sufficient reasons for the provision of special educational needs, raising arguments about the public sector equality duty and Article 14, read with Article 2 of the First Protocol
• R (AR) v Chief Constable of Greater Manchester Police [2018] UKSC 47 - case challenging on Article 8 grounds the inclusion of information regarding allegations of rape and acquittal in an enhanced criminal record certificate
• R (Dennehy) v Secretary of State for Justice and Sodexo Ltd [2016] EWHC 1219 - whether the segregation of a prisoner serving a whole life sentence breached Article 3

Jenni has substantial experience in the conduct of public inquiries. In 2018 Jenni was appointed Counsel to the Infected Blood Inquiry, which has examined the circumstances in which thousands of individuals were infected with HIV/hepatitis through blood and blood products. She was involved in all aspects of the Inquiry’s work – from consultation on the terms of reference, identifying appropriate lines of investigation, and leading the questioning of witnesses, through to assisting with the Chair’s work on the report (which was published in May 2024) and the complexities of the warning letter process.  In this role she has questioned government ministers (past and present, including the then Prime Minister), civil servants, leading clinicians and expert witnesses across a range of fields.  It was also her responsibility to help those infected and affected to tell their stories.

Jenni is representing the Care Quality Commission in the Thirlwall Inquiry (set up, following the convictions of Lucy Letby, to examine events at the Countess of Chester Hospital NHS Foundation Trust and wider issues regarding NHS regulation and NHS culture) and in the Lampard Inquiry (examining the deaths of mental health patients in Essex over two decades).

Jenni has considerable expertise in coronial law and in difficult and sensitive inquests.  She has advised and represented coroners, families and public bodies in relation to the conduct of inquests, judicial review claims, and applications under section 13 of the Coroners Act.   

Recent inquests include the 2023 inquest into the death of a baby born overnight in a prison cell, a 2024 inquest into the death of a prisoner in HMP Northumberland, and a three month (2024-2025) inquest into a cluster of deaths at HMP Lowdham Grange.  She is representing the local social services authority at the inquest into the death of an asylum seeker on the Bibby Stockholm barge.

Jenni represented the Yorkshire Ambulance Service in the inquests into the deaths of spectators at the Hillsborough Stadium disaster from 2014-2016.

Jenni has conducted a standards investigation into the conduct of a council leader, and has advised local authorities on the conduct of standards investigations.

Cases of note include:

• R (TR) v HM Senior Coroner for West Yorkshire [2017] EWCA Civ 218 – case concerning the extent of a coroner’s powers to conduct an investigation and inquest into the question of whether a child was stillborn or survived her birth and died later
• R (Ferreira) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31 – whether a jury inquest was required in relation to the death of an adult in hospital who may have been deprived of her liberty
• R (Lewis) v HM Coroner for Shropshire [2009] EWCA Civ 1403 – power of coroner to allow jury to consider possible as well as probable causative factors

“Jenni is an outstanding lawyer and advocate. She makes complex legal issues seem simple. She comes up with creative ways to pursue cases.” (The Legal 500, 2022)

“Jenni cuts through complexities to get to the heart of the matter. A very robust advocate” (The Legal 500, 2024)

Jenni’s regulatory and disciplinary work covers a wide range of areas, including financial services, but with a particular emphasis on the regulation of healthcare professionals by the GMC, HCPC and others, the regulation of fertility services by the Human Fertilisation and Embryology Authority, the regulation of hospitals and care homes and the regulation of teachers. She acts for regulators and for individual professionals facing fitness to practise or disciplinary allegations.

Cases of note include:

• Benn v General Medical Council [2025] EWHC 87 (Admin) – appeal by a doctor suspended by the GMC following her involvement in climate activism in breach of civil injunctions
• General Medical Council v Dugboyele [2024] EWHC 2651 (Admin)  - appeal by the GMC under s.40A of the Medical Act 1983 against tribunal’s decision that a doctor’s fitness to practise was not impaired
• Professional Standards Authority v General Medical Council and Lingam [2023] EWHC967 (Admin) – appeal by the PSA against the sanction imposed on a doctor on grounds of undue leniency
• General Medical Council v Bramhall [2021] EWHC 2109 (Admin) - appeal under section 40A of the Medical Act challenging the tribunal’s decision to suspend rather than strike off a surgeon who had marked patients’ livers with his initials
• Haris v General Medical Council [2021] EWCA Civ 763 - appeal under section 40A of the Medical Act concerning the tribunal’s decision that a doctor’s conduct had not been sexually motivated
• Sanusi v General Medical Council [2019] EWCA Civ 1172 - appeal regarding the requirements of fairness where a doctor was not present before the tribunal
  Judgment
• Bawa-Garba v General Medical Council [2018] EWCA Civ 1879 - representing the British Medical Association as an intervenor in this appeal regarding the approach to be taken by the court in section 40A appeals
• Lovett v Health and Care Professions Council [2018] EWHC 1024 (Admin) - appeal by a clinical psychologist examining issues of fairness in the conduct of disciplinary proceedings and the approach to evaluating dishonesty allegations
  Judgment
• Professional Standards Authority v Health and Care Professions Council and Doree [2017] EWCA Civ 319 - case examined the significance of indicative sanctions guidance and the approach to insight where a disciplinary panel decided to impose a cautions order.

“The go-to silk for anything that requires thinking outside the box and imaginative legal argument” (The Legal 500, 2022)

Jenni’s local government practice is wide-ranging. She frequently advises local authorities on a range of issues relating to their powers and duties, and regularly acts for and against local authorities.  She has, for example, recently represented a family in a successful challenge to the disproportionate actions of a local authority exercising powers under the Children Act 1989. She has carried out an independent standards investigation into allegations of misconduct on the part of the leader of a county council; advised about commissioning responsibilities in relation to assistance with medication and obligations under the Care Act; advised about applications under the new burdens doctrine; represented a local authority in relation to qualifying criteria for exempt accommodation; advised regarding consultation obligations when considering cuts to services; and advised with regard to restitution claims in continuing healthcare funding disputes.

Cases of note include:

• R (British Medical Association) v Northamptonshire County Council [2020] EWHC 1664 (Admin) - judicial review regarding the compliance of a local safeguarding arrangements plan with the requirements of the Children Act 2004
• R (AA) v Rotherham MBC [2019] EWHC 3529 (Admin) – challenge to the decision of a local authority to close a day centre for adults with learning difficulties
• R (RD) v Worcestershire County Council [2019] EWHC 449 (Admin) - judicial review regarding the withdrawal of portage services in breach of parents’ legitimate expectation
• R (KE) v Bristol City Council [2018] EWHC 2103 (Admin) - challenge to a local authority’s budget allocation for special educational needs
• R (Wolverhampton City Council) v South Worcestershire CCG [2018] EWHC 1136 (Admin) - dispute between a local authority and two clinical commissioning groups as to responsibility for an adult with continuing healthcare needs
• R (National Aids Trust) v NHS England (Local Government Association intervening) [2016] EWCA Civ 1100 - case concerning the public health responsibilities of local authorities and in particular whether local authorities or NHS England bore responsibility for commissioning treatment designed to prevent the transmission of HIV

Jenni has particular expertise in relation to all aspects of healthcare, mental health and community care. She acts for individuals and their families, NHS bodies, private healthcare providers and health regulatory bodies. She has substantial experience before mental health tribunals.  Her work as Counsel to the Infected Blood Inquiry involved the detailed exploration of medical ethics in treatment and research and the medical, psychosocial and financial impacts where medical treatment causes harm.  Much of her inquest work has involved deaths where failures to identify, assess and treat those with mental health difficulties have been a significant contributory factor.

Cases of note include (in addition to the cases listed above):

• Re AB [2020] EWHC 692 (Fam) - application regarding the statutory right of a personal representative to access a deceased patient’s records under the Access to Health Records Act
• R (A) v South Kent Coastal GGC & others [2020] EWHC 372 (Admin) – judicial review regarding the commissioning of acute stroke services
• R (KK) v Tavistock and Portman NHS Foundation Trust [2019] EWHC 3565 - judicial review challenge to NHS Trust’s protocol regarding referral of transgender prisoners for gender reassignment surgery
• Welsh Ministers v PJ [2018] UKSC 66 - Mental Health Act case considering whether a responsible clinician could impose conditions on a community treatment order amounting to deprivation of liberty
• Richards v Worcestershire County Council  [2017] EWCA Civ 1998 – case concerning discharge of duties under section 117 of the Mental Health Act
• Tinsley v Manchester City Council [2017] EWCA Civ 1704 – whether a patient entitled to aftercare services under the Mental Health Act is required to fund such services from an award of damages
• R (M) v Human Fertilisation and Embryology Authority [2016] EWCA Civ 611 – judicial review of a refusal of the HFEA to issue a special direction for the export of gametes
• Lee-Hirons v Secretary of State for Justice [2016] UKSC 46 – case concerning the requirements relating to recall to hospital of a patient subject to restrictions under the Mental Health Act

“She is very personable, knowledgeable and has a problem-solving approach” (The Legal 500, 2022)

Jenni is known for her expertise in complex or novel cases in the Court of Protection and under the Mental Capacity Act involving difficult decisions as to capacity, medical treatment and deprivation of liberty.

Cases of note:

• Re P (Vulnerable Adult, withdrawal of application) [2024] EWHC 1882 (Fam) – case concerning protective orders under the inherent jurisdiction of the High Court in respect of a vulnerable adult
• NHS Foundation Trust v K [2023] EWCOP 57 – case concerning the withdrawal of respiratory support and provision of palliative care only
• University Hospitals Southampton NHS Foundation Trust v T [2024] EWCOP 54 -case concerning the ventilation and sedation of a patient lacking capacity for the purposes of invasive cancer treatment
• A Local Authority v P (Sexual Relations and Contraception) [2018] EWCOP 10 – case involving capacity to consent to sexual relations and covert insertion of contraceptive device
• P v Cheshire West and Chester Council [2014] UKSC 19 – leading authority on deprivation of liberty and the Mental Capacity Act
• IM v LM [2014] EWCA Civ 37 – test for capacity to consent to sexual relations

Jenni is an experienced mediator who trained with CEDR.  She focuses on judicial review disputes (of all kinds) and Court of Protection cases. She has acted as a mediator in a range of cases involving disputes between individuals and public bodies, including disputes over the provision of services to individuals, as well as disputes between different public bodies as to their respective responsibilities.