Anna Tkaczynska

Call 2008

Overview

Anna has joined Serjeants’ Inn to broaden her practice in the areas of education and the Court of Protection. She will continue to practise in housing law with a particular interest in cases which raise public law, Equality Act and capacity related issues. She acts for both claimants and defendants for the purposes of civil litigation and general advisory work.

Anna is clerked primarily by Tom O’Connor and Louis Wilkins.

“Extremely good at putting clients at ease and understanding complex issues quickly”
Chambers & Partners

David Lawson and Anna Tkaczynska speak at Education Law Association 2017 Conference
Click here for more information

Experience And Expertise

Anna’s education practice involves all aspects of schools law including appeals in the First Tier and Upper Tribunal in relation to special educational needs; representing parents and schools in admission and exclusion appeals; training local authorities and panels in relation to proper decision making in schools cases; bringing and defending discrimination claims in the First Tier Tribunal and the County Court; breach of contract claims in relation to private schools; and general governance advice to academy schools.

Anna is developing a practice in the Court of Protection and is experienced in dealing with:

  • Best interests proceedings to determine issues of residence, contact and care
  • Deprivation of liberty challenges
  • Applications under the inherent jurisdiction
  • The appointment and revocation of welfare and finance deputies

She also has experience of applications in the County Court in relation to displacing the nearest relative under the Mental Health Act 1983.

Anna is ranked in The Legal 500 and Chambers & Partners for her expertise in social housing. She has a particular interest in cases where capacity and or disability are in issue. Her practice covers all aspects of housing law including:

  • Bringing and defending possession claims (rent arrears, anti-social behaviour, regeneration, fraud, unlawful subletting, trespassers) and dealing with consequent defences and counterclaims (disrepair, human rights, mental health and capacity, Equality Act 2010 including challenges relating to the PSED, policy challenges)
  • Bringing and defending claims relating to anti-social behaviour including civil injunctions, committal proceedings, closure orders and civil restraint orders
  • Homelessness appeals under section 188 and 204
  • Advice on the lawfulness of policies and procedures and on specific legal issues in managing social housing, such as decants to accommodate regeneration projects
  • Licensing of residential accommodation in the FTT (Property Chamber)

Anna advises both claimants and local authorities in matters relating to children’s and adult social services and, in particular, where this overlaps with duties relating to the provision of accommodation.

Cases and work of note

  • P v Surrey County Council (1) Surrey Downs Clinical Commissioning Group (2) [2015] EWCOP 54
    The court examined a local authority’s duties when issuing a standard authorisation. Local authorities must independently review a relevant person’s situation and consider suitable alternatives rather than simply adopt the views of the best interests assessor. In the instant case, the court found that a 10-month standard authorisation was unlawful where the best interests assessment had found that the placement was only suitable for a short period.
  • Essex County Council v TB (SEN) [2014] UKUT 0559 (AAC); [2015] ELR 67
    The decision provides further clarification on the extent of the duty to have regard to parental preference and guidance on how the FTT should deal with reviews of decisions unders.9 of the Tribunals Courts and Enforcement Act 2007.
  • Manchester City Council v JW [2014] UKUT 0168 (AAC); [2014] ELR 304.
    The decision sets out useful guidance on circumstances in which a tribunal can order a local authority to maintain a statement.

Recommendations

Anna is featured by both the leading legal directories. She is ranked by Chambers & Partners for her expertise in education and by both The Legal 500 and Chambers & Partners for her expertise in social housing. She is described as “really efficient, on the ball, bright and pleasant to deal with.”

Other recent directory editorial includes the following:

  • She has strong skills in education law and also extensive expertise in housing, Court of Protection and local government law;
  • She is garnering growing market attention for her interpersonal and advocacy skills;
  • She is extremely good at putting clients at ease and understanding complex issues quickly;
  • She has a clear understanding of the needs of the client;
  • Analytically sound, she shows skill in presenting arguments in an understandable and reasoned way;
  • Her legal knowledge is fantastically in-depth; and
  • She provides a dedicated and excellent service. She is hard-working and has achieved some great results on complex cases.

Publications

  • Affordable Housing – Modern Guide to Construction and Delivery (2016, Lexis online publication)
  • Social Housing Law in Practice (2015, Lexis online publication)
  • Lexis PSL Local Government practical guide

Articles

  • Local Government Lawyer, “Care Home Finances and Local Authority Responsibilities” (30 May 2013)
  • “Juvenile Criminal Justice in Malawi” (2009) Centre for Capital Punishment Studies Intern Reports
  • Editorial Board: Human Rights Law Centre Commentary 2007
  • “Getting Lucky in Kentucky: Impressions of the Bluegrass State and the Heinous Consequences of Unfortunate Events” (2005) 13 Amicus Journal, 41-42
  • “Worldwide Overview” (2005) 14 Amicus Journal, 4-6

memberships

  • Secretary to the Human Rights Lawyers Association
  • Education Law Association
  • Social Housing Lawyers Association
  • Administrative Law Bar Association
  • Amicus

FURTHER INFORMATION

Before coming to the Bar Anna spent time in Malawi working for the Legal Aid Department on murder and manslaughter cases and travelling widely in East Africa.

In 2011 she took a yearlong sabbatical as a research fellow for Reprieve, an NGO which advocates for the human rights of prisoners on death row worldwide, in secret prisons and those detained in Guantanamo Bay. Specifically she worked on a project funded by the European Commission to identify and assist foreign nationals on death row in the USA and was based full time in New Orleans.

Anna is an active member of the Human Rights Lawyers Association and has served on its executive committee since December 2009.

Anna is a volunteer legal advisor at the Free Legal Advice Centre at Toynbee Hall in the areas of social housing, civil litigation and education.

For further details of Anna’s practice please click on the links to the left or contact a member of the clerking or client service team.

Bar Council Membership No: 53573
Registered Name: Anna Maria Tkaczynska
VAT Registration No: 988100111