Associate Solicitor and Head of Community Care

“She is very calm and good at standing back and seeing the bigger picture.”
Chambers & Partners 2016

“sharp and resourceful”
The Legal 500 2016

“Recommended”
The Legal 500 2015

Marian Shaughnessy has over 14 years experience in community care and education law and over 20 years experience in public law.

Qualifying in 1990, Marian joined John Ford Solicitors in 2003. She has a wealth of experience representing clients and regularly undertakes judicial reviews of local authorities in respect of community care and education decisions. She also represents clients in claims for disability discrimination.

Marian has acted in the court of protection for a number of family members of vulnerable adults. Marian has also represented clients wishing to challenge the contents of their Disclosure and Barring (DBS) and Enhanced DBS certificates and represented the Claimant in the leading case of R (L) v The Metropolitan Police Commissioner, which went to the Supreme Court.

Notable Cases:

P & W v LB Hackney [2014]
This Judicial Review resulted in the Local Authority agreeing to remove its limit on disabled adults’ entitlement to overnight respite.

R(ES) v LB Hillingdon [2013]
Marian represented the vulnerable person in the court of protection and judicial review proceedings which resulted in the Local Authority contributing to the costs of the person’s residential college placement.

R(HM) v Medway [2012]
Marian successfully challenged the Local Authority’s decision to cut a disabled adult’s care package.

R(KM) v Hertfordshire County Council [2012]
Marian represented a child in judicial review of the Local Authority’s decision not to fund nursery care and successfully obtained funding.

B v LB Islington [2011]
In this judicial review the Local Authority agreed to fund a private residential school place for Marian’s client with a statement of special educational needs (SEN).

R(S) v LB Hillingdon [2010]
Marian represented a child who was out of school and obtained home tuition from the Local Authority.

R (L) v Metropolitan Police Commissioner [2009] UKHL3
Marian represented the claimant. The Supreme Court substantially altered the interpretation of the law that requires the police to disclose information for the purposes of enhanced criminal record certificates, holding that the law as currently interpreted did not comply with the rights to respect for private life. As a result the procedures adopted by the police have had to be amended to take into account the findings of the court in this case.

AB v LB Barnet [2009] – Community Care Law Reports
This case concerned the application of s.20 of the Children Act 1989- the duty of the Local Authority to accommodate children where parents are unable to do so.

Career
Trained TV Edwards and Islington Council; qualified 1990; solicitor (housing and environmental health) LB Islington; advisory centre for education (ACE); Levenes (education) 2002-03; John Ford Solicitors 2003 to date.

Member
Education Law Association

Area of Specialism: Community Care, Education Law, Public and Administrative Law, Court of Protection, Discrimination and Human Rights.
Phone: (020) 8800 6464
Email: marian@johnfordsolicitors.co.uk