Beverley Lang QC

Beverley Lang has an extensive practice in administrative and public law including judicial review, public inquiries and professional regulatory work.  She has appeared in a number of reported cases on behalf of the GMC and other regulatory bodies.  She is a specialist in all aspects of education law.  She has particular expertise in medical and mental health issues, and community care. She has acted for the Criminal Cases Review Commission since its inception.  She has a special interest in civil liberties and human rights work.

She is editor of a leading textbook “Administrative Court: Practice and Procedure”, published by Sweet and Maxwell.

In addition to her court work, Beverley has experience of inquests, disciplinary hearings, tribunals and inquiries. She has chaired several inquiries for public bodies, and appeared in the Shipman Inquiry, as counsel for the GMC.

Her areas of practice include:

Community Care:  

• Acting for claimants in community care cases e.g. challenging charges for domiciliary services, reduction in home care services, challenging termination of care home placements.
• Acting for local authorities in community care cases. She appeared for the local authority in R (on application of A & B) v East Sussex County Council, a test case, supported by the Disability Rights Commission, on whether use of lifting equipment was contrary to Human Rights Act 1998; also an important ruling on legality of direct payments for clients incapable of managing their own affairs.  She also appeared for the care home in the House of Lords decision on the application of the Human Rights Act 1998 in YL v Birmingham City Council, Southern Cross & Ors.
• Particular experience in provision for mentally ill on discharge from hospital into the community (see Medical and Mental Health section below).
• Sexual abuse claims e.g. R v London Borough of Bromley ex parte Marks, in which she successfully resisting a social worker’s challenge to referral of allegations of sexual abuse to the Secretary of State. A v Barnardo’s in which she acted for Barnardo's successfully resisting claim by parents against local authority and Barnardo's for not making full disclosure of sexual abuse of child placed with them for adoption.

Crime:

• Leading cases on behalf of the Criminal Cases Review Commission, notably R v Criminal Cases Review Commission ex parte Pearson (Divisional Court); R (on the application of Hunt) v Criminal Cases Review Commission (Divisional Court).
• Judicial review and case stated appeals in high profile criminal cases such as the Greenham Common protesters in the House of Lords (DPP v Hutchinson).

Environment:

• Water and sewerage, e.g. R v Environment Agency ex parte Anglian Water Services Ltd (Court of Appeal)
• Urban redevelopment, and planning issues.

Local Authorities:

• Conduct of Councillors.  District Auditor appeals (Lloyd v McMahon (House of Lords) & Audit Commission reports.
• Council procedures, meetings e.g R v Hereford and Worcester County Council ex parte Wellington Parish Council (Administrative Court).
• Grants and finance.
• Employment and disciplinary cases involving local authority employees (e.g. Whalley Range High School in Manchester).
• Acted for Leicestershire County Council and school governors in High Court claim concerning community use of school premises.

Prisoners:

• Judicial review claims challenging licence conditions, revocation, refusal of parole e.g. R v Parole Board ex parte Owen Oyston  Court of Appeal (Court of Appeal) in which she acted successfully on behalf of prisoner in challenge to decision to refuse parole and not to re-categorise.

Social Security:

• R v Secretary of State for Social Services ex parte London Borough of Camden  (Court of Appeal) - acted for Camden in challenge to the legality of Board and Lodging regulations.
• R v Social Fund ex parte Taylor (Administrative Court)  - acted for claimant in challenge to decisions of Social Fund Inspectors.
• Thomas v Chief Adjudication Officer  (ECJ & House of Lords)  -  acted for claimants in challenge to social security benefits which discriminated on grounds of sex.

Education:

• Expertise in  SEN and disability issues.
• Pioneered educational negligence claims in the test case of Christmas v Hampshire CC. (reported as X v Bedfordshire CC) in which the House of Lords held that a dyslexic pupil could sue his LEA for negligent failure to detect special educational needs.
• Human rights specialist, advising Oxford University and the Independent Schools Council on the effect of Human Rights Act 1998.
• Data Protection Act 1998 and Human Rights Act 1998 challenges to use of irrelevant material in vetting teachers for appointment.
• Represents universities, colleges, LEAs, and pupils in admission, discipline and exclusion cases, recently representing Oxford University in a disability discrimination claim by an unsuccessful candidate for admission.
• Acting for LEAs and parents/children in assault/abuse cases in schools and care homes.
• As an employment specialist, she also acts in employment disputes in educational establishments,  instructed by NAHT and NUT  and LEAs.
• Appears in disability, race, sex and other discrimination claims arising in an educational context.
• Acts as an independent Chair of educational appeals and inquiries.

Inquiries:

Beverley Lang QC is regularly instructed to chair independent inquiries and disciplinary hearings, investigating allegations of professional misconduct and poor performance .  She has recently conducted inquiries in a NHS hospital, the Nursing and Midwifery Council,  a local authority and a solicitors’ firm.  She has also chaired a formal disciplinary appeal on behalf of an Oxford College, and acted as a legal assessor in professional regulatory proceedings.

She appeared as counsel for the GMC in the Shipman Inquiry.

Human Rights:

Beverley Lang QC has wide-ranging experience in civil liberties and human rights litigation. She has appeared in landmark cases in the House of Lords, Court of Appeal and the High Court on behalf of claimants in civil liberties cases, such as peace protestors, environmental activists, pickets in industrial disputes, political demonstrators, mental patients and prisoners.

She is a specialist in the Human Rights Act 1998, appearing for both claimants and defendants in important test cases e.g.  YL v Birmingham City Council, Southern Cross & Ors [2008] 1 AC  95 in which the HL held that a privately-run care home was not a ‘public authority’ within the meaning of the Human Rights Act 1998.

She has advised numerous public bodies on the requirements of Human Rights Act 1998 (e.g. the Legal Services Commission, Criminal Cases Review Commissions, Independent Schools Council, University of Oxford, local authorities).

She is editor of a textbook “Administrative Court: Practice and Procedure” which includes applications under the Human Rights Act 1998.  

Public Law:

• R (Morrison) v Independent Police Complaints Commission  (Administrative Court)
  Acted for IPCC successfully resisting challenge by complainant who relied on Art. 3 ECHR in arguing that the IPCC, not the police, should conduct investigation into police use of taser gun on arrest.
• YL v Birmingham City Council, Southern Cross & Ors [2008] 1 AC  95 (House of Lords)
  Acted for care home in ‘best interests’ proceedings determining whether a privately-run care home was a ‘public authority’ within the meaning of the Human Rights Act 1998.
• R (Assura Pharmacy Ltd) v National Health Service Litigation Authority (Court of Appeal)
  Acted for Boots the Chemist in dispute over the application of the NHS Pharmaceutical regulations.
• R (Director of Revenue and Customs Prosecutions) v CCRC (2007) 1 Cr App R 30; (2008) 1 AER 383 (Divisional Court)
  Acted for CCRC in resisting challenge to the CCRC’s referral of convictions to the Court of Appeal, based on a change in the law.
• R v London Borough of Bromley ex parte Marks [2002] 2 FLR 802; [2002] All ER (D) 243
  Acted for Council in successfully resisting application by social worker challenging referral of allegations of sexual abuse to the Secretary of State.

Education:

• R (K) v Halton Borough Council (Administrative Court) 
  Acted for a head teacher in a successful challenge to the education authority’s retention of social service records referring to false allegations against him, relying on Art. 8, Data Protection Act, and legitimate expectation
• R(L) v Commissioner of Police for the Metropolis & Secretary of State for the Home Department [2007) 4 All ER 128 (Court of Appeal); R(G) v Chief Constable of Staffordshire [2006] EWHC 482 (Administrative Court)
  Acted on behalf of a teacher and a school dinner lady challenging disclosure of non-conviction information in a Criminal Records Certificate, which damaged their employment prospects, as contrary to the statutory purpose and a breach of Art 8 ECHR.
• Dore v. Leicestershire CC
  Acted for local education authority and school governors in judicial review and Chancery Division charitable trust claim concerning dispute over community’s use of primary school premises.
• Re: Dame Jean Else and Whalley Range High School
  Acted for Manchester City Council in high profile disciplinary proceedings against a head teacher and two assistant head teachers, following District Auditor inquiry into secondary school.

Human Rights:

• R (Morrison) v Independent Police Complaints Commission  (Administrative Court)
  Acted for IPCC successfully resisting challenge by complainant who relied on Art. 3 ECHR in arguing that the IPCC, not the police, should conduct investigation into police use of taser gun on arrest. Case now to be heard by the Court of Appeal. 
• YL v Birmingham City Council, Southern Cross & Ors [2008] 1 AC  95 (House of Lords)
  Acted for care home in ‘best interests’ proceedings determining whether a privately-run care home was a ‘public authority’ within the meaning of the Human Rights Act 1998.
• R(L) v Commissioner of Police for the Metropolis & Secretary of State for the Home Department (Court of Appeal); R(G) v Chief Constable of Staffordshire (Administrative Court)
  Acted on behalf of a teacher and a school dinner lady challenging disclosure of non-conviction information in a Criminal Records Certificate, which damaged their employment prospects, as contrary to the statutory purpose and a breach of Art 8 ECHR.
• R (A & B) v East Sussex County Council (Administrative Court)
  A test case, supported by the Disability Rights Commission, on whether use of lifting equipment was contrary to Human Rights Act 1998.
• Whitefield v GMC [2003] HRLR 243 (Privy Council)
  Acted for GMC successfully resisting appeal against registration conditions imposed on GP, including ban on alcohol consumption, arguing that the ban breached Human Rights Act 1998.

Medical and Mental Health:

Beverley Lang QC has many years of experience in medical issues. As a junior, she had a clinical negligence practice. She has appeared in a number of high profile cases involving the employment of doctors. In R v Secretary of State for Health ex parte Dhasmana (Court of Appeal) she acted for a consultant dismissed following the GMC inquiry into infant mortality rates for cardiac surgery at Bristol Hospital. In R (O'Sullivan) v Secretary of State for Health (Administrative Court), she acted for a dismissed hospital consultant claiming his right to appeal to the Secretary of State had been unlawfully removed. She has acted in many cases on behalf of the GMC.

She advises health authorities, NHS Trusts, private sector providers and individuals on issues arising out of provision and funding of medical services. She has acted in challenges to hospital closures.

She has been appointed to chair investigations and inquiries by the NHS and also by the Nursing and Midwifery Council. 

Beverley Lang has a particular interest in mental health work. She acted for the patients in a major claim against the Prisoners Officers Association at Moss Side Special Hospital. She has appeared in numerous Mental Health Review Tribunals. In R v North Derbyshire NHS Trust ex parte Makin (Court of Appeal) she acted for a patient challenging the legality of the decision to detain him compulsorily in hospital under the Mental Health Act 1983.

Her mental health work is linked to her public law practice in community care. In R v North Lancashire Health Authority ex parte Metcalfe (Administrative Court) she acted for the Health Authority in a challenge to a care plan for a mentally ill adolescent under Section 117 Mental Health Act 1983. In R v Cornwall and Isles of Scilly Health Authority ex parte W, she acted for the health authority in a case concerning the discharge of a mentally ill patient into the community.

• R v Collins & Ors ex parte S  [1998] 3 WLR 936 (Court of Appeal)
  Scope of powers and duties of social worker to apply to section pregnant woman under the Mental Health Act 1983).
• Lewis v Gibson (Court of Appeal)
  Acted for mother of incapacitated adult in appeal under Mental Health Act 1983 against displacement of nearest relative.

Employment including Discrimination and Equal Pay

Beverley Lang QC has extensive experience of discrimination, both as a practitioner and in her work as a part-time Chair of Employment Tribunals and adjudicating on disability discrimination in education in the Special Educational Needs and Disability Tribunal,

Her discrimination practice is complemented by her expertise in education law and professional regulation.  For example:

• Singleton v University of Oxford, a disability discrimination claim brought by an unsuccessful candidate for admission, which she won for the University).  
• Zaman v GMC, in which she acted for the GMC, defeating a claim by a doctor alleging race discrimination in the conduct of its disciplinary proceedings.

She has appeared in a number of equal pay claims, most recently in Gibson v Sheffield County Council, a test case on equal pay law in the Court of Appeal, which is now to be heard by the Supreme Court.  She was also instructed by the European Commission to make representations on a claim for equal pay in respect of loss of accrued pension and redundancy rights when on maternity leave. She has advised local authorities on equal pay structures following job evaluation.

She is a co-author of Tolley’s Discrimination Law Handbook.

As an experienced barrister with judicial training, she has been appointed to chair  independent investigations into allegations of  misconduct, poor performance and race discrimination by employees in both the public and private sectors.

Beverley Lang QC has experience in all areas of employment law, having worked as a  part-time Chair of Employment Tribunals.  

She has long-standing experience of industrial disputes, having appeared in the leading case of Thomas v NUM, and in numerous injunction applications.  She has recently advised the education unions on industrial action.

Beverley acts in employment cases in the High Court,  and in the Employment Tribunal and appellate courts.  She has also been instructed in mediations and internal disciplinary hearings against employees in local authorities.

• Gibson v Sheffield CC (EAT, Court of Appeal)
  Acted for the Council in test case on application of equal pay law.
• Halford v Sharples, Merseyside Police, Home Secretary and Others [1992] ICR 583 (Court of Appeal)
  Acted for the EOC & Alison Halford, a woman chief police officer, alleging sex discrimination.
• Thomas v Chief Adjudication Officer [1993] QB 747 (ECJ & House of Lords.
  Acted for claimants in challenge to social security benefits which discriminated on grounds of sex).
• Shomer v B & R Residential Lettings [1992] IRLR 317 (Court of Appeal)
  Acted on behalf of woman claiming discrimination when dismissed on maternity leave.
• Graham v Bedfordshire Police [2002] IRLR 239 (EAT)
  Acted for police on discrimination claim by serving police officer who claimed policy of refusing to allow married or cohabiting officers work together was discriminatory.

Beverley Lang QC is a specialist in professional disciplinary proceedings. She acts for regulatory bodies, such as the GMC. She also acts for individuals, such as teachers, solicitors, firemen, GP's, hearing aid dispensers, doctors, dentists facing disciplinary proceedings by public authorities or professional bodies.

She has advised professional representative bodies on a wide range of issues (e.g. Law Society, National Union of Teachers, National Association of Head Teachers, the Institute of Group Analysts, the Association of Optometrists). She has acted in internal trade union and political party disputes.

She appeared as counsel for the GMC in the Shipman Inquiry.

• Whitefield v GMC [2003] HRLR 243 (Privy Council)
  Acted for GMC successfully resisting appeal against registration conditions imposed on GP, including ban on alcohol consumption, arguing that the ban breached Human Rights Act 1998.
• Campbell v GMC [2005] 1 WLR 3488 (Court of Appeal)
  Acted for GMC in reconsideration of admissible evidence when deciding whether misconduct amounted to serious professional misconduct.
• R (Threlfall) v General Optical Council Times 2.12.04; (2005) Lloyds Rep. Med. 250 (Administrative Court)
  Acted for optician successfully challenging the GOC’s regulatory procedures and extension of professional duties of opticians. First GOC case in High Court. Significant development of law on duty to give reasons, under common law and Human Rights Act 1998.
• R (Law Society) v Crown Prosecution Service (Administrative Court)
  Acted for Law Society in successful challenge to decision of DPP to cease using solicitor agents for prosecution work relying on public law and Art. 1 Prot. 1 ECHR.

Work experience:

Beverley Lang QC was a University lecturer in law, before coming to the Bar.  She has worked as a volunteer lawyer in Law Centres and Legal Advice Centres. She is currently a member of the Bar Pro Bono Unit and the Free Representation Unit.