Karen is a partner at Bindmans, and Head of our Education Law team. She now mainly acts for individuals although also has experience of acting for local authorities and schools. Her specialism is judicial review and tribunal cases, with a particular focus upon Education law and Community Care law judicial reviews. Karen also has a substantial Court of Protection practice.
Karen has acted in many leading education law judicial review cases in the High Court and Court of Appeal, concerning vulnerable children. Instructions are also regularly received from parents of children attending independent schools. These instructions often relate to safeguarding and exclusion matters within the independent sector.
Karen’s focus is acting for vulnerable children and adults. This work has seen her act for a number of families in relation to special educational needs issues during childhood, right through to Court of Protection matters in adulthood. Court of Protection work makes up a significant part of Karen’s practice, particularly in relation to personal welfare matters for young adults with learning disabilities. Karen is instructed by the Official Solicitor, professional litigation friends and family members in complex Court of Protection cases including providing representation in the Court of Appeal. She has also been appointed by the court as Accredited Legal Representative for P, a vulnerable person who is the subject of Court of Protection proceedings.
Karen’s representation of her clients has seen her acting in challenges against a wide variety of public bodies in addition to local authorities, such as CCGs and the police.
Karen has also acted in a number of cases concerning breaches under the Human Rights Act 1998 and discrimination under the Equality Act 2010. She has secured favourable financial settlements for clients in a number of these cases.
As well as providing representation in relation to higher court cases, Karen regularly represents clients in relation to SEN Tribunal cases, admission appeals and exclusion appeals.
Karen is also regularly instructed in relation to disputes about school transport which is a particularly difficult area with a number of public sector cuts to transport budgets. Karen’s interest in transport cases stems from acting for the claimant in R v LB Islington ex parte A [2000] The Times, 20 October 2000. Since that time, she has helped many parents secure suitable transport arrangements for children with special educational needs.
Experience
Karen’s cases include:
(KG and BG) v Suffolk County Council [2022] EWCA Civ 1047
- This was a community care judicial review. Mrs Justice Lang held Suffolk County Council were wrong in law to decide that they did not have the power to assist two disabled men to go on holiday and use recreational facilities. The case supported a wide interpretation of care and support under the Care Act 2014. KG and BG are brothers who both have autism and physical disabilities. Suffolk County Council appealed and the Court of Appeal upheld Mrs Justice Lang’s judgement.
AA -v- London Borough of Southwark & Others [2021] EWCA Civ 5112
- Karen acted for the appellant in the Court of Appeal. The appellant is the mother of P and the Court of Appeal held that the Court of Protection had wrongly discharged the appellant from Court of Protection proceedings without giving her a right to be heard or make representations. There was material the court had to consider which was subject to ongoing police investigations and there was therefore a need for closed proceedings. Lord Justice Baker commented that “It appears that this is the first case in which a special advocate has been instructed in the Civil Division of the Court of Appeal”. In addition, the judgment is significant in focusing on the appellants rights under Article 6 ECHR (right to a fair hearing)
Re: P (Discharge of party: costs of appeal) 2021 EWCA Civ 992
- Karen acted for the appellant in this further Court of Appeal case concerning costs in Court of Protection appeals. The appellant had been successful in her appeal. It had been held that she should not have been discharged as a party without an application being made to the court and without her having been given notice and an opportunity to put forward submissions. However, the Court of Appeal did not order costs and emphasised costs applications would turn on the facts of the particular case. It was also stressed that the vulnerability of the subject of proceedings would likely always be of relevance. The Court of Appeal held that the parties had not been unreasonable in supporting the action of Hayden J to discharge the appellant as a party
R on the Application of JG -v- CCG (2018)
- This was a very concerning case regarding a young man with severe OCD who had been in hospital for a number of years without the specialist treatment he needed. The proceedings led to the court granting permission and interim relief and progress in terms of assessments and a change in placement as well as the implementation of treatment
The Governing Body of C Girls’ Academy [2015]
- Judicial review proceedings were issued when the Academy unlawfully sought to compel the complainant to complete the last two years of her education at a PRU type placement. Proceedings were settled with the Academy agreeing for the claimant to go back to resume her education in the usual way on the school site
R(on the application of JE) v Sheffield County Council [2014]
- Public Law -Judicial Review concerning an overlap between special educational needs and community care law. The Claimant was extremely vulnerable having autism, ADHD and ODD as well as an attachment disorder. The case focused upon the failures in relation to the Statement of Special Educational Needs and the failures to produce a lawful care plan under section 17 of the Children act 1989.Excellent provision was secured for the Claimant at a specialist independent school as well as respite arrangements and a costs order in the Claimant’s favour
R (on the application of JF) v LB Hackney [2014]
- Court of Protection proceedings- This was a very complex case with a background of judicial review proceedings to obtain community care services where the President became concerned about the lack of progress
G –v- West Herts College [2014]
- This case involved disability discrimination against a young man with Downs Syndrome. Proceedings were issued and sensitive negotiations led to a settlement for damages
R (DD) –v- Independent Appeal Panel of the L.B. Islington [2013] ELR 483
- (Admissions Infant Class Sizes). This case concerns the approach panels need to take where “future infant class size prejudice” is put forward by the admissions authority
R (on the application of JF)-v-L B Hackney [2010] EWHC 3130
- (Inadequacy of care plan) JF suffers from severe autism and the case concerned the legal requirements for a lawful care plan. The care plan was inadequate and lacked the degree of specificity required by case law
R (LG) -v- Independent Appeal Panel for Tom Hood School and Others [2009] ELR 248
- This case challenged the standard of proof in exclusion cases and focused upon Human Rights arguments
(Exclusion case)B -v- London Borough of Barnet [2009] EWHC 2842
- (Community Care and section 19 of the Education Act)
- This case concerned various breaches of community care legislation in relation to a very vulnerable disabled child. This is a leading case regarding the local authority’s responsibility for putting in place alternative full time education when a child is without a suitable school place
O v LB Hackney [2007] ELR 405
- Duty to arrange school places in the local authorities’ area
R (L) v London Borough of Waltham Forest & anor [2007] EWHC 2060 and R (JK) v Haringey London Borough Council [2009] EWHC 1393
- Acted for the claimant in these two important cases regarding the confusion about LEA responsibilities towards children looked after by another authority
R v LB Islington ex parte A [2000] Times, 20 October (Transport Judicial Review)
Recent directory and client quotes
Chambers and Partners UK 2025
- Karen is ranked Band 2 in Education: Individuals.
- “Karen is a great advisor.”
- “Karen is just really practical and pragmatic in getting a good solution.”
- “Karen has a strong sense of strategy and is good with clients.”
- “She is vastly experienced and has a lovely manner about her.”
Legal 500 2025
- Karen is listed as a “Leading Partner” in Education: Individuals.
- “Karen May is kind, professional, respectful and amazing at her job. You can tell she’s passionate about her profession and ensures that you as a parent of a SEN/ disabled child are informed thoroughly of the whole process. Her communication is amazing and I felt heard and that my child would finally receive the education he was entitled to. I am extremely happy and thankful for the help and support we received.”
- “Karen May is a tremendous lawyer and really cares about her clients.”
Chambers and Partners UK 2024
- Karen was ranked Band 2 in Education: Individuals.
- “She is a leader in this field and someone I rate very highly.”
- “Karen is incredible. She is extremely knowledgeable in her field, very professional and personable.”
- “She is vastly experienced with an unrivalled knowledge of the education sector. Karen is one of the best solicitors in dealing with clients on sensitive matters.”
Legal 500 2024
- Karen was ranked as a ‘Leading Individual’ in Education: Individuals.
- “Karen May is confident and clear in her advice.”
- “Karen May is outstanding, kind, and knows how to build a rapport with a client. Great knowledge of local authorities, with exceptional clinical skills and understanding. Great at fighting in your corner.”
- “Karen May and Emma Varley are very knowledgeable about their areas of law, have an excellent grasp of procedure, and are very practically-minded.”
What clients say
You are simply the best, Karen.
– Client 2023
We really appreciate the wonderful and amazing work you have done on our behalf. Thank you for being so sympathetic and supportive.
– Client 2023
Karen was great at educating us, lets us explore our options and guiding us towards ones she felt were most suitable for our situation.
– Client 2023
You helped us achieve a very reasonable outcome from a horrible situation.
– Client 2023
She was fantastic at guiding us, supporting us and allowing us to set some of the direction that we wanted to take our cases.
– Client 2023
Thank you all very much once again for all your hard work in relation to [client] case. I know it has not been easy at times, even frustrating. It really is appreciated as last year I was at a huge loss of where to turn to in getting [client] the support and schooling that he is entitled to. The result we have got is all down to your hard work
– CR
Whatever [client] is receiving at the moment is only because of your effort. If he can overcome his difficulties by receiving proper help, it will be again because of you
– EC
I want to thank you and your team for everything you’ve done. If it was not for you I don’t know where [client] would be right now. His positive school report and how well he is doing shows why I never gave up and fought for him to be in a school that met his needs. So Karen once again for everything you did for us. It’s down to you that [client] now has a bright and positive future ahead of him
– CR
Karen has a stellar approach and understands the structure and expertise of the local authorities well.
– Client 2022
Publications
- Karen has co-authored ‘Education Law & Practice’ by Lexis Nexis – a leading textbook on Education law (both the 3rd and 4th (2016) edition)
Professional memberships
- Karen has obtained the Law Society Accredited Practitioner status for the category: Mental Capacity (Welfare)
- Karen is also a member of the Education Law Association
Education and career
- Karen graduated from the University of Manchester in 1993 with an LLB (Hons). Following this, she attended the College of Law, Chester
- She completed her LPC with distinction in 1994 and qualified as a solicitor in 1997
- Karen trained and worked thereafter as a specialist education solicitor at Hertfordshire County Council with responsibility for advising schools and the education department
- In 1999 Karen moved to John Ford solicitors, a specialist Education law firm where she headed the Education law department for nearly 20 years, moving to Bindmans LLP in 2019
More about Karen
- Karen has been interviewed by radio and television journalists in relation to Education law matters, including exclusions and attendance issues
- She was a speaker at Manchester University’s International Conference concerning Civil Liberties (following acting in a case concerning rap music restrictions under ‘gang injunctions’)
