19 02 2025
Court of Appeal considers interaction between Article 4 ECHR and school exclusion provisions
Siân’s specialist public law practice spans all aspects of administrative and human rights, as well as related areas of planning, environmental, and international law. She has been consistently ranked as a ‘rising star’ in Legal 500 and as an ‘up and coming’ junior in Chambers and Partners; directory testimonials recognise her as “an amazing junior” who is “excellent at using public law principles to craft a winning strategy in difficult cases”, “very creative”, and “always prepared to push a point”.
Siân is direct access qualified and accepts instructions on this basis in appropriate cases across all her practice areas.
Before coming to the Bar, Siân studied law at Oxford University and was judicial assistant to Lord Hamblen. Beyond her practice, she maintains a strong academic interest in public law. She is assistant editor of the Judicial Review journal, and is also a graduate lecturer in constitutional, administrative, and European Union law. She is currently completing a PhD at University College London, where her doctoral research supervised by Professor Richard Rawlings and Dr Michael Veale completements her specialism in practice, in particular her growing experience at the intersection of public law and information law.
Siân has extensive experience of acting in matters before the Administrative Court, Court of Appeal, Privy Council, and European Court of Human Rights, both as sole counsel and as part of a team. She acts across a full spectrum of public law cases, from homelessness and social care, to education and healthcare, to regulatory matters, to commercial procurement cases. Directory testimonials recognise her as “excellent at using public law principles to craft a winning strategy in difficult cases” and has been involved in a number of landmark decisions raising novel public law issues.
Judicial Review
Notable reported judicial review cases include:
Siân has a strong track record in handling complex and sensitive cases. Recent illustrations include R (ZOS) v. Secretary of State for the Home Department [2022] EWHC 3567 (Admin), [2023] A.C.D. 54, in which Siân acted for the claimant in this successful application for judicial review of the defendant’s breach of statutory duties, and in a series of five subsequent hearings before the High Court following the defendant’s breach of the mandatory order secured in the underlying proceedings, which necessitated active case management by the court over the course of several months and ultimately an application by the claimant to hold the Secretary of State in contempt of court. She has been praised in judgments as “helpful and constructive” in dealing with sensitive issues such as contested litigation capacity and vulnerable litigants in person (R (BL) v. Islington London Borough Council [2021] EWHC 3044 (Admin), [2022] A.C.D. 14).
Urgent and Interim Relief
Siân is highly experienced in dealing with urgent matters and applications for interim relief or other interlocutory orders, including in cases which raise novel issues and wider points of principle. Recent illustrations include:
Pro Bono
Siân accepts instructions on a pro bono basis in appropriate cases, including via Advocate (formerly the Bar Pro Bono Unit). Pro bono highlights include Association of Chartered Certified Accountants v. Awodola [2021] EWCA Civ 1635, in which Siân appeared unled in the Court of Appeal for the respondent, and secured a pro bono costs order of £25,000.00 for the Access to Justice Foundation. She had also acted in the successful application for judicial review before Foster J ([2020] EWHC 3059 and [2020] EWHC 3369). In addition to her personal pro bono work, Siân is a member of the legal panel of Law for Change.
Siân has broad experience across the full spectrum of education law and regularly represents both parents and students as well as a number of different local authorities, schools, universities, and public bodies operating in the education sector. She has a particular interest in cases at the intersection of education law and administrative law, and frequently acts in claims for judicial review in this area involving the Office of the Independent Adjudicator for Higher Education and the Department for Education. Recent significant cases in this area include R (KT) v. Office of the Independent Adjudicator [2024] EWHC 2003 (Admin), in which the High Court addressed the requirements of procedural fairness in the context of the OIA’s statutory Ombudsman scheme. She also acts for the respondent school before the Court of Appeal in R (RWU) v. A Governing Body [2024] EWHC 2828 (Admin), a significant appeal concerning the application of Article 4 of the European Convention on Human Rights in the context of school exclusions.
Siân regularly acts in and advises on cases concerning the legal and constitutional issues arising from the Withdrawal Agreement Act 2018, as well as the technical implications for specific areas of law within her expertise (in particular environmental law, social security, healthcare, and state aid / subsidy control). Siân’s recent advisory instructions have ranged from central and local government (most recently Home Office and the Department of Health and Social Care), companies, individuals, and charitable organisations. Notable court work includes acting for the successful appellant the case of Hynek v. London Borough of Islington (HHJ Backhouse, 12 July 2022, the first statutory appeal of its kind concerning the post-Brexit rights of EU citizens with pre-settled status to homelessness assistance); Mihalache v. Cambridgeshire County Council (7 March 2023, concerning the post-Brexit status of the European Charter in local authority decision-making vis-à-vis EU citizens with pre-settled status); and SB v. SSHD (15 November 2024, two linked appeals concerning the application of Article 20(1) of the Withdrawal agreement and the judgment in Vargova [2024] UKUT 336 (IAC) to EU nationals who have committed serious offences after the end of the transition period).
Before joining the Bar in 2018 she was involved in the work of the Law Commission on exiting the European Union, and she has recently been appointed as graduate lecturer in EU law and in retained EU law post-Brexit at University College London. Siân is sought after to provide training and published commentary on current issues in this area of law, such as her guide to social security law for immigration lawyers, co-authored with Alex Goodman KC and published by the Legal Action Group.
Siân is a specialist in homelessness law and since joining the Bar has been involved in some of the leading cases in this area. She frequently acts statutory appeals and claims for judicial review under Part VII Housing Act 1996, and in homelessness cases engaging issues under Care Act 2014, Children Act 1989, Immigration and Asylum Act 1999, related areas of European Union law post-Brexit. She has been involved in some of the leading cases concerning provision of accommodation outside of this statutory framework, most notably during the Covid-19 pandemic (including Cort v. Lambeth [2022] EWHC 1085 (Admin) and R (ZLL) v. Secretary of State for Housing, Communities, and Local Government [2022] EWHC 85 (Admin)). She has particular interest in the intersection of homelessness law with human rights law. Notable cases in this area include acting for the claimant in Sharaky v. Clearspring Ready Homes [2022] EWHC 2019 (QB), a landmark judgment on human rights issues relating to private contractors providing accommodation to unaccompanied minor asylum seekers.
Much of Siân’s work across her public law practice has a human rights dimension. Recent notable cases in this area include:
Siân has also acted in a number of significant human rights and civil liberties appeals before the Privy Council, notably:
Siân regularly acts both for and against local authorities in a range of matters, often in complex matters in which multiple statutory duties (including under Care Act 2014, Children Act 1989, and Housing Act 1996, amongst others) are engaged. She has spent time seconded in house at a major local authority so has insight into the practical pressures and issues which face local government and the solicitors who act for them.
Siân has been involved in a number of significant cases concerning local authority powers and duties:
Siân accepts instructions across all aspects of health and social care law. She has experience acting for institutional clients including the British Medical Association and the Department for Health and Social Care, and also regularly represents claimants in challenging decisions made by public bodies in this area. She has a particular interest in cases engage intersecting issues under human rights law, asylum and immigration law, and relevant areas of European Union law post-Brexit. Recent notable cases include R (Campbell) v. London Borough of Ealing [2024] EWCA Civ 540, in which the Court of Appeal addressed the construction of s. 23 Care Act 2014. Siân continues to act for the Claimant in the pending application for permission to appeal to the Supreme Court, alongside Galina Ward KC and Jamie Burton KC.
Siân is frequently sought after to provide training and published commentary on current issues in this area of law, such as her forthcoming guide to navigating adult social care assessments, co-authored with Steve Broach KC and published by the legal advice charity CASCAIDr. She is a contributing author of the forthcoming edition of ‘NHS Law and Practice’ published by the Legal Action Group.
Since completing pupillage Siân has developed a specialism in procurement which complements her public law practice. She was instructed by the Government Legal Department commercial team in various COVID-19 procurement claims, and was junior counsel in the landmark procurement policy judicial review R (Good Law Project) v. Secretary of State for Health and Social Care [2021] EWHC 505 (Admin) alongside leading counsel from Monckton Chambers (Philip Moser KC, Ewan West KC). She also has experience acting as sole counsel, both in advising various organisations on procurement and subsidy control matters, and successfully defending decisions by public bodies in court. In recent months Siân has been instructed to advise on forthcoming changes to the procurement regime, and has been involved in providing training to solicitors working in this area.
Siân is a member of the Lexis PSL expert panel on procurement law and her analysis of the latest cases in this area are regularly published in their commercial and public law highlights.
Siân has extensive experience of acting in statutory appeals across a range of areas. Her recent work includes:
Siân also has extensive experience of appearing before the Privy Council in constitutional and public law cases from Caribbean jurisdictions. Recent work in this area includes:
Siân’s practice is focussed on the intersection between public and planning law, and as such she has a particular expertise in High Court planning challenges. She is sought by both claimants and defendants in planning judicial review and statutory review (under section 288 Town and Country Planning Act 1990) whether as sole counsel or part of a team. Her work is diverse and she frequently represents and advises clients ranging from national charities, to local campaign groups, to private companies and developers, to public bodies. Much of her work has a regulatory dimension, with a particular depth of experience in matters relating to air quality, water, and protected / endangers species. She is also instructed in planning and environmental matters in other jurisdictions before the Privy Council.
Recent reported cases and court highlights in this area include:
Siân is on the Lexis Expert Panel for planning and environmental law. She is an active member of the Planning and Environmental Bar Association (PEBA), UK Environmental Law Association (UKELA), and the Environmental Law Foundation (ELF).
Siân’s growing environmental practice complements her expertise in public law, and she has a particularly strong track record in High Court environmental challenges both as sole counsel and as part of a team. She is sought after by clients ranging from national charities, to local campaign groups, to private companies and developers, to public bodies. Much of her work has a regulatory dimension, with a particular depth of experience in matters relating to air quality, water, and protected / endangers species. She is also instructed in environmental appeals from other jurisdictions before the Privy Council.
Recent reported cases and court highlights in this area include:
Siân is on the Lexis Expert Panel for planning and environmental law. She is an active member of the Planning and Environmental Bar Association (PEBA) and the Environmental Law Foundation (ELF), and was a speaker at the 2024 UK Environmental Law Association (UKELA) conference.
Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.
Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law.
Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.
Please contact our practice management team for more information.
Siân regularly acts both for and against local authorities in a range of matters, often in complex matters in which multiple statutory duties (including under Care Act 2014, Children Act 1989, and Housing Act 1996, amongst others) are engaged. She has spent time seconded in house at a major local authority so has insight into the practical pressures and issues which face local government and the solicitors who act for them.
Siân has been involved in a number of significant cases concerning local authority powers and duties:
Education
EU Law post-Brexit
Housing and homelessness
Human Rights and Civil Liberties
Local Government including Local Government Finance
NHS, Health and Community Care
Procurement & Commercial Public Law
Statutory Appeals
Caribbean Law
High Court Planning
Environment
Green Belt
Infrastructure
Planning Judicial and Statutory Reviews
Aarhus Convention and Environmental Justice
Ecology and Biodiversity
Energy
Environmental information
Habitats and Species
Protection of the Countryside
Waste
Water
Wildlife
Local Government
Public Interest Litigation
An amazing junior; she is clearly destined for greatness"
cases
19 02 2025
Court of Appeal considers interaction between Article 4 ECHR and school exclusion provisions
blog
23 12 2024
The Children’s Wellbeing and Schools Bill: An Overview
Public and Administrative Law
Full Presentation
24 09 2024
Education, health and social care: the intersections webinar series - Part 2
Tim Buley KC, Natasha Jackson, Charles Bishop, and Siân McGibbon
blog
11 06 2024
Court of Appeal clarifies the meaning of ‘antisocial behaviour’ for the purposes of…
Health and Social Care Law
news
07 06 2024
'Procurement Act 2023' Siân McGibbon's article published in the IRRV's Insight Magazine
Full Presentation
28 03 2024
Procurement Act 2023 webinar: Key Update - full presentation
Tim Buley KC, James Neill, Siân McGibbon, and Barney McCay
Full Presentation
22 11 2023
Planning High Court Challenges - Part 2
David Forsdick KC, Jenny Wigley KC (Joint Head of Chambers), Dan Kolinsky KC, Siân McGibbon, Nick Grant, and Alex Shattock
news
19 09 2023
Brook House Inquiry report published today
‘Machina Judicata: Automation, AI and Justice – Views from the Court’ (University College London, 18 January 2024)
‘High Court Planning Challenges – Climate Change Legal Challenges Update’ (Landmark Chambers, 20 November 2023)
‘Apparent Bias and Planning Committee Decisions: R (Webb) v. London Borough of Bromley (Lexis PSL, 22 August 2023)
‘Adjudicators erred in allowing appeals against road user charging scheme penalty charges: R (Halton Borough Council) v. Road User Charging Adjudicators (Lexis PSL, 17 March 2023)
‘Planning decision quashed for irrelevant considerations in assessment of level of harm to heritage asset: Newcastle v. Secretary of State for Levelling Up, Housing and Communities’ (Lexis PSL, 17 November 2022)
‘Litigation Capacity and Procedural Fairness outside the CPR’ (Presentation to HLPA Conference, 17 November 2022)
‘Practice Note: Procedural Impropriety as a Ground for Judicial Review’ (Lexis PSL, October 2022)
‘Practice Note: Reasonableness as a Ground for Judicial Review’ (Lexis PSL, October 2022)
‘eflash: Rowe v. London Borough of Haringey’ (25 October 2022, 4-5 Gray’s Inn Square E-flash update)
‘Local authority refusal to accommodate NRPF applicant during COVID-19 pandemic unlawful for failure to have regard to central government ‘Everyone In’ policy: R (Cort) v. London Borough of Lambeth’ (Lexis PSL, 20 May 2022)
‘eflash: R (Cort) v. London Borough of Camden’ (17 May 2022, 4-5 Gray’s Inn Square E-flash update)
‘High Court clarifies scope of Aarhus Convention costs protection: R (Lewis) v. Welsh Ministers’ (Lexis PSL, 16 March 2022)
’Everyone In’ pandemic response not ‘prescriptive policy guidance’: R (ZLL) v. Secretary of State for Housing, Communities and Local Government’ (Lexis PSL, 16 February 2022)
‘eflash: R (ZLL) v. Minister for Housing, Communities, and Local Government’ (25 January 2022, 4-5 Gray’s Inn Square E-flash update)
‘PPE procurement ‘VIP lane’ breached obligation of equal treatment under PCR 2015: R (Good Law Project and Every Doctor) v. Secretary of State for Health and Social Care’ (Lexis PSL, 20 January 2022)
‘Everyone In Again?’ ’ (SHLA Update, 9 December 2021)
‘Procurement challenge with no real prospect of success struck out: Adferiad Recovery Ltd v. Aneurin Bevan University Health Board’ (Lexis PSL, 2 December 2021)
‘Clarification of the proper approach to social housing relief from the Community Infrastructure Levy: Stonewater v. Wealden District Council’ (Lexis PSL, 1 November 2021)
‘Disclosure in COVID-19 procurement challenges: Good Law Project Ltd and Everydoctor Ltd v Secretary of State for Health and Social Care’ (Lexis PSL, 28 July 2021)
‘Stay granted in ‘Hanbury’ procurement judicial review pending decision of the Court of Appeal in ‘Public First’ proceedings: Good Law Project Ltd v. Secretary of State for Health and Social Care’ (Lexis PSL, 20 July 2021)
‘Consideration of serious risk in planning applications: Valero Logistic UK Ltd and another v. Plymouth City Council’ (Lexis PSL, 8 July 2021)
‘Direct award of government contract to ‘Public First’ unlawful: R (Good Law Project) v. Minister for the Cabinet Office (Defendant) Public First (Interested Party)’ (Lexis PSL, 14 June 2021)
‘Permission granted in judicial review challenge to antibody test procurement: Good Law Project v. Secretary of State for Health and Social Care (Defendant) and Abingdon Health (Interested Party)’ (Lexis PSL, 10 June 2021)
‘Incapacious respondents to closure order proceedings: Ealing LBC v. M’ (co-authored with Joshua Hitchens, Local Government Lawyer, 2 February 2021)
‘Local Authority Powers Coronavirus Update: Part 2A Public Health Orders’ ((co-authored with Jonathan Manning), 21 July 2020)
‘Homelessness Law & Practice: Covid-19 Update’ (presented to the Law Friends Society, 6 May 2020)
‘Local Authority enforcement powers: Coronavirus Q&A’ (co-authored with Jonathan Manning, 27 April 2020)
‘Covid-19 Court & Professional Guidance’ (co-authored with the junior barristers of 4-5 Gray’s Inn Square, first published 24 April 2020)
‘Question-Testing for Testing Questions: The Role of the Electoral Commission in Ensuring ‘Intelligibility’ of Referendum Questions’ ((co-authored with Ian Peacock), Association of Electoral Administrators Magazine, January 2020)
‘The evolution of procedural exclusivity: time to strike out the rule in O’Reilly v Mackman?’ (Winner of the Michael Beloff Essay Prize for Public Law; Gray’s Inn Student Law Journal Volume VII, August 2017)
Chambers & Partners, Administrative & Public Law
Administrative Law and Human Rights, Legal 500
Legal 500, Administrative & Public Law
Chambers & Partners, Administrative & Public Law
“Siân holds a thorough and skilled knowledge of the law combined with an empathetic and insightful approach to the needs of the client...”
Legal 500, Administrative & Public Law Respondent
“…a remarkable advocate…quietly confident and one to watch”
Legal 500, Administrative & Public Law Respondent
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