Profile
Steve is predominantly a public lawyer with particular expertise in health, education and social care and disability and children’s rights cases. He is a discrimination specialist and has acted in many of the leading public law discrimination cases. He is increasingly instructed in civil claims arising in his specialist subject areas, including those raising human rights and discrimination issues.
Steve is instructed in the High Court and above in applications for judicial review, the Court of Protection for cases involving the Mental Capacity Act 2005 and the First-tier and Upper Tribunals in education and other appeals. He frequently advises clients on safeguarding issues and is available for instruction to carry out independent reviews in this area.
Prior to taking Silk in 2024, Steve had already developed a significant leading practice; he was frequently instructed as ‘leading junior’ in high profile judicial review cases, including challenges to central government policies and decisions.
As a junior, Steve was ranked in four categories by Chambers and Partners, including as a ‘Star Individual’ for Education and in Band 1 for Administrative and Public Law and Community Care. He was described as ‘the Godfather of education law’ and ‘undoubtedly the go-to barrister for education cases’ in Chambers and Partners 2024. He has appeared in many reported cases, including leading Supreme Court cases on disability issues.
Steve was named Young Barrister of the Year at the Legal Aid Lawyer of the Year Awards 2011 and ‘Future Leader: Diversity & Inclusion’ at the Chambers UK Bar Awards 2021.
Steve is co-author of Disabled Children: A Legal Handbook (Legal Action Group) and is an editor of the Community Care Law Reports. He previously worked in the voluntary sector in senior roles relating to disability and children’s rights.
Contact Us
Peter Campbell
Director of Clerking
Sheraton Doyle
Director of Clerking
Appointments
- 2019-2023 – Part time judge of the Mental Health Tribunal
- 2021-2023 – Part time judge of the Court of Protection (Deputy District Judge)
Publications
Disabled Children, A Legal Handbook (Legal Action Group)
Making Lawful Decisions (Legal Action Group)
Additional Information
- French (Conversational)
Appointments
- 2019-2023 – Part time judge of the Mental Health Tribunal
- 2021-2023 – Part time judge of the Court of Protection (Deputy District Judge)
Publications
Disabled Children, A Legal Handbook (Legal Action Group)
Making Lawful Decisions (Legal Action Group)
Additional Information
- French (Conversational)
Contact Us
Peter Campbell
Director of Clerking
Sheraton Doyle
Director of Clerking
Areas Of Expertise
Steve has acted in many of the leading community care cases of the past decade, including the Supreme Court cases of McDonald v Kensington and Chelsea and KM v Cambridgeshire. As a junior, he was ranked in Band 1 in Chambers and Partners in this area, where he is described as “a go-to barrister for community care work”. Steve both acts for claimants, generally disabled children or disabled adults but also businesses and charities, and advises public authorities, particularly in relation to policy development. Steve co-edits the leading practitioner text on disabled children and young people (Disabled Children: A Legal Handbook).
Cases of note:
- Re HB (Appointment of Personal Welfare Deputy) [2026] EWCA Civ 960 – Steve acted for the appellant parents in this high profile case, where the Court of Appeal provided important guidance as to the approach that should be taken to applications relating to the appointment of Personal Welfare Deputies (“PWDs”). Each of the grounds of appeal Steve advanced for his clients was accepted by the Court unanimously.
- R (TS) v Hackney LBC [2023] EWHC 3063 (Admin) – as lead junior counsel, Steve successfully argued that a local authority had acted unlawfully in failing properly to assess the needs of an autistic child.
- R (Article 39) v Secretary of State for Education [2020] EWCA Civ 1577 – Steve was first junior counsel in this successful challenge to the process by which statutory protections for looked after children were removed by amending regulations in response to the Covid-19 pandemic. To date this remains the only successful challenge to secondary legislation introduced in response to Covid-19.
- Cheshire West and Chester Council v P [2014] UKSC 19 – Cheshire West was the leading authority for over a decade on the approach to “deprivation of liberty’ where disabled people’s freedom of movement is restricted by reference to their care needs. Steve was instructed by the National Autistic Society and Mind as interveners.
- R (KM) v Cambridgeshire CC [2012] UKSC 23 – KM is the leading case on the use of ‘Resource Allocation Systems’ in the social care context. Steve was junior counsel for the claimant.
- R (McDonald) v RB Kensington and Chelsea [2011] UKSC 33 – McDonald was a high profile and controversial case involving a disabled woman who was forced to use incontinence pads to meet her night-time toileting needs, although she was not in fact incontinent. Steve was junior counsel for Mrs McDonald. The appeal failed in the Supreme Court by a 4-1 majority, but the Article 8 claim succeeded in part in the European Court of Human Rights (McDonald v UK).
Steve is a specialist in the complex and evolving law on consultation by public bodies. Many of his cases push the boundaries in this area, for example, in Article 39 the Court of Appeal’s judgment established that selective consultation can be unfair, and SSWP v Eveleigh is now the leading case on the voluntary assumption of a duty to consult fairly at common law. Steve is instructed in the high profile challenge to the consultation on the SEND Green Paper, in which a permission decision is awaited.
Cases of note:
- Secretary of State for Work and Pensions v Eveleigh [2023] EWCA Civ 810 – As lead counsel at first instance, Steve persuaded Mr Justice Griffiths that the Secretary of State had voluntarily chosen to consult in the run-up to the publication of the National Disability Strategy, but had not done so in accordance with the requirements of fairness at common law. The Judge’s conclusion was however reversed on appeal. This is now the leading case on the voluntary assumption of a duty to consult fairly.
- R (Article 39) v Secretary of State for Education [2020] EWCA Civ 1577 – Steve was first junior counsel in this successful challenge to the process by which statutory protections for looked after children were removed by amending regulations in response to the Covid-19 pandemic. The Court of Appeal held that the Secretary of State had acted unlawfully in failing to consult with the Children’s Commissioner and the wider sector of children’s rights organisations before laying the relevant regulations.
- R (Electronic Manufacturers Association) v Secretary of State for Environment, Food and Rural Affairs [2019] EWHC 2813 (Admin) – Steve was instructed as lead counsel in this commercial judicial review, concerning the policy decision to ban the use of electronic pet collars. The judgment of Mr Justice Morris is now frequently cited for its summary of the principles in relation to the law on consultation.
Steve is an education specialist and was ranked in Band 1 in this area by Chambers and Partners prior to taking Silk. His particular area of expertise is the law in relation to children and young people with special educational needs. He co-authors the leading practitioner text in this area (Disabled Children: A Legal Handbook). However his education practice encompasses all aspects of primary, secondary and tertiary education, advising and representing students and families, institutions and commissioners. Steve has been instructed in the highest profile recent cases concerning children and young people with special educational needs, including Simone (a challenge to the national Budget) and Shaw (a challenge to statutory instruments introduced in response to the Covid-19 pandemic).
Cases of note:
- R (BYL) v Secretary of State for Education [2026] EWCA Civ 170 – lead counsel for the Charedi Jewish appellants in the high profile challenge to the imposition of VAT on private school fees. Steve will act for his clients in the Supreme Court appeal in December 2026.
- KTS v Milby Primary School Governors [2026] UKUT 41 (AAC) – Steve’s submissions persuaded a three-judge Upper Tribunal that the approach to anonymity in education tribunal cases had to change, as it was not consistent with the principles of open justice. Following KTS, while the identity of the child is still protected, schools in disability discrimination cases are now frequently named.
- KTS v Milby Primary School Governors [2024] UKUT 139 (AAC) – in the substantive appeal in KTS, the Upper Tribunal accepted Steve’s arguments as to the failure to make reasonable adjustments in the delivery of education for an autistic child. This decision is now one of the leading decisions on the application of the reasonable adjustments duty in the education context.
- R (L, M and P) v Devon CC [2022] EWHC 493 (Admin) – As lead counsel, Steve acted for three children in a case which established that there is a fixed timeframe for the production of amended education, health and care plans following annual reviews. Steve’s submissions on the proper construction of the relevant regulations were accepted. The judgment benefits thousands of children and young people with significant special educational needs each year.
- R (WC and BB) v Somerset CC [2021] EWHC 2936 (Admin) – Steve was lead counsel for both claimants in this complex challenge to a local authority’s reorganisation of its school system, involving the deletion of the ‘middle school’ tier of schooling in a significant area of the county. The two claims were brought on a total of seven grounds of judicial review, with permission granted on all grounds.
- R (Shaw and anor) v Secretary of State for Education [2020] EWHC 2216 (Admin) – Steve was instructed as lead counsel in this high-profile challenge to a number of statutory instruments which downgraded the entitlements of children and young people with special educational needs in response to the Covid-19 pandemic.
- R (Simone) v Chancellor of Exchequer and Secretary of State for Education [2019] EWHC 2609 (Admin) – Steve was first junior counsel in this challenge to the national funding allocation for special educational provision, which included a challenge to the national Budget. This case remains the only occasion the court has granted to permission to apply for judicial review in relation to a challenge to the Budget.
Steve is a leading public lawyer with a particular focus on cases involving disability and/or children’s rights issues. His leading recent public law cases include:
- R (BYL) v Secretary of State for Education [2026] EWCA Civ 170 – lead counsel for the Charedi Jewish appellants in the high profile challenge to the imposition of VAT on private school fees. Steve will act for his clients in the Supreme Court appeal in December 2026.
- Secretary of State for Work and Pensions v Eveleigh [2023] EWCA Civ 810 – As lead counsel at first instance, Steve persuaded Mr Justice Griffiths that the Secretary of State had voluntarily chosen to consult in the run-up to the publication of the National Disability Strategy, but had not done so in accordance with the requirements of fairness at common law. The Judge’s conclusion was however reversed on appeal. This is now the leading case on the voluntary assumption of a duty to consult fairly.
- R (L, M and P) v Devon CC [2022] EWHC 493 (Admin) – As lead counsel, Steve acted for three children in a case which established that there is a fixed timeframe for the production of amended education, health and care plans following annual reviews. Steve’s submissions on the proper construction of the relevant regulations were accepted. The judgment benefits thousands of children and young people with significant special educational needs each year.
Steve has a long established welfare practice in the Court of Protection, having acted in some of the most important cases in this jurisdiction, including the leading medical treatment case of Aintree v James
In Re HB (Appointment of Personal Welfare Deputy) [2026] EWCA Civ 960, Steve acted for the appellant parents in this high profile case, where the Court of Appeal provided important guidance as to the approach that should be taken to applications relating to the appointment of Personal Welfare Deputies (“PWDs”). Each of the grounds of appeal Steve advanced for his clients was accepted by the Court unanimously.
