Jake Rylatt

Experience  and Expertise

Court of Protection/ Mental Capacity/Mental Health

Jake is recognised by Chambers & Partners as “Up and Coming” and The Legal 500 as a “Rising Star” in the field of Court of Protection. He has appeared in c.250 cases within the jurisdiction, from s21A challenges to serious medical treatment cases, to applications to revoke Lasting Powers of Attorney or appoint/remove deputies, as well as cases in related jurisdictions such as the Family Division of the High Court (in respect of both vulnerable adults and children) and the Family Court (in respect of Forced Marriage Protection Orders). Jake acts for the full range of parties to proceedings, including the Official Solicitor and other litigation friends, ICBs, NHS Trusts, Local Authorities, the Office of the Public Guardian, and family members of ‘P’.

Jake is frequently instructed on cases that involve an overlap with other areas of his practice, such as those concerning prisoners (Nottingham University Hospitals NHS Trust and Another v RL, VL and XY NHS Trust [2023] EWCOP 22), young persons with Education, Health and Care Plans (Re TG (2022-2023), Re NA (2023-2024), and Re RL (2023-2024)), police involvement (Re IM (2023-2024)) and immigration (Re IR (2022)).

Jake has also been instructed in a range of serious medical treatment cases, including those concerning eating disorders (Gloucestershire Health & Care NHS Foundation Trust [2023] EWHC 2634 (Fam)), insertion and management of nasogastric tubes (Nottingham University Hospitals NHS Trust and Another v RL, VL and XY NHS Trust [2023] EWCOP 22), obstetrics (Re MNS (2023)), life-sustaining treatment (Re ST (2023)), amputation (Re JB (2022)), and extubation and transition from a hospital environment to the community (Re NJ (2022)).

Further recent cases of note include: the deprivation of liberty of a young girl in hospital, pursuant to the inherent jurisdiction, pending identification of secure accommodation by the local authority (Re CC (2023), Lieven J); an out of hours application to authorise a deprivation of liberty upon expiry of detention under the MHA 1983 (Re DP (2022), Poole J); the care arrangements in the family home for a girl with significant safeguarding risks (Re CI (2022), Senior Judge Hilder); an application concerning capacity to act as executor and the procedure for replacing an incapacitous executor (Re HP (2022-2023)). Jake was also counsel for the local authority in the previously leading case on the Court of Protection’s powers to grant injunctive relief (A Local Authority v SF [2020] EWCOP 19).

Education

Jake is recognised by Chambers & Partners as “Up and Coming” and The Legal 500 as a “Rising Star” in the field of Education Law. He has a diverse practice encompassing judicial review claims, challenges to decisions concerning Education, Health and Care Plans (“EHCPs”), disability discrimination claims, civil claims against educational institutions and regulators, and is more frequently being asked to advise institutions on issues of governance and safeguarding. He has also appeared before, and/or acted as a clerk to, a range of ad hoc decision-making bodies in respect of school admissions, exclusions, and transport since the very beginning of his career.

Jake has acted in a range of judicial review claims, often being involved from the stage of pre-action correspondence with a view to securing a negotiated settlement at the earliest opportunity. Recent cases have involved failures to apply the SEND Regulations 2014 upon transition between local authority areas (Re KP (2024)), breaches of A2P1 and s42 CFA 2014 by failing to provide educational provision (Re KH (2023); Re RP (2023)), and provision of alternative provision under s19 EA 1996 (Re SR (2022)).

Jake also frequently appears in the First-tier Tribunal on complex challenges to decisions concerning EHCPs and disability discrimination claims. Following such cases, or sometimes having not been previously involved, Jake has appeared in the Upper Tribunal in a number of technical and important cases such as: LK v London Borough of Camden (2022) (judicial conduct and “overprovision”); London Borough of Southwark v WE [2021] UKUT 241 (AAC) (waking day curriculum); TH v Essex County Council (2021) (school refusal); and F v Responsible Body of W School [2020] UKUT 112 (AAC) (strike out of discrimination claims).

Owing to his expertise in mental capacity law and in judicial review, Jake has been instructed to represent parties in both EHCP appeals and parallel proceedings in the Court of Protection (recently including Re TG (2023)), as well as EHCP appeals with parallel proceedings within the Administrative Court (such as Re CF (2020)).

Inquests and Inquiries

Jake has appeared for a range of Interested Persons in a breadth of pre-inquest reviews and inquests, including those engaging Article 2 of the European Convention on Human Rights and those with juries. Recent inquests have included:

• Inquest touching upon the death of RAC (2024) – 4-day inquest before the Senior Coroner for Dorset, in an inquest raising issues concerning mental health provision in the community, assessments under the Mental Health Act 1983, sharing of police intelligence between forces, and the duties of healthcare professionals to report individuals to the DVLA where there are concerns as to the impact of their mental health on their ability to drive.
• Inquest touching upon the death of DH (2024) – 5-day inquest before an Area Coroner for Essex, in an inquest raising issues concerning mental health provision in the community, the relationship between the police and mental health services in providing street triage, and the police power to remove an individual to a place of safety under s136 MHA 1983.
• Inquest touching upon the death of JPP (2023) – 2-week inquest before an Assistant Coroner for Essex, sitting with a jury, in an inquest concerning a death in prison, involving consideration of ACCT procedures, mental health provision, substance misuse services and the use of mandatory drug testing, the impact of Covid-19 on prison services, and emergency responses by prison officers.
• Inquest touching upon the death of KS (2023) – ½ day inquest before an Assistant Coroner for North London, concerning the inpatient treatment of an individual presenting an A&E with indications of both a stroke and heart attack, involving consideration of managing treatment for multiple systems and triaging of urgency for diagnostic tests such as MRIs.

Earlier inquests and pre-inquest reviews in which Jake has appeared include: provision of acute medical care (Re JC (2023); Re JF (2023)); prison deaths (Re RF (2021)); the provision of mental health support in the community (Re MH (2022); Re KH (2019); Re ZP (2019)); adult social care (including domiciliary care) (Re MV (2022), Re AL (2020); Re AJ (2019)); and sporting accidents (Re PS (2018)). In conducting such inquests, Jake draws on his experience in cases concerning mental capacity and mental health, community care, and prison and police law.

Prison and Police Law

Jake has appeared in several important judicial review claims on aspects of prison law, including appearing as junior counsel before the UK Supreme Court in R (Pearce) v Parole Board [2022] 1 WLR 2216, [2022] EWCA Civ 4, concerning the Parole Board’s guidance on allegations (led by Philip Rule KC as he was in the Court of Appeal). Other important claims have included: R (EG) v Parole Board, Secretary of State for Justice and Others [2020] EWHC 1457 (Admin) (led by Caoilfhionn Gallagher QC and Ian Brownhill, concerning prisoners lacking mental capacity to conduct their parole proceedings); R (Morris) v Parole Board [2020] EWHC 711 (Admin) (led by Philip Rule KC, concerning the Parole Board’s guidance on allegations); and R (Jackson) v Parole Board [2020] EWHC 559 (Admin) (as sole counsel, concerning the transfer of prisoners to open conditions). Jake has also appeared successfully on multiple occasions before the Parole Board seeking the release of prisoners serving indeterminate sentences, and he has also advised and appeared in civil actions against prison authorities and/or the police concerning a variety of torts, human rights claims, and data protection issues..

COMMUNITY CARE

Jake has a breadth of experience of judicial review claims in respect of the provision of community care, including: the implementation of recommendations by the First-tier Tribunal for children and young persons with an Education, Health and Care Plan (“EHCP”); support for unaccompanied asylum-seeking children (including age assessment fact-finding hearings in the Upper Tribunal); claims for asylum support; claims for breach of duties under the Care Act 2014; and claims concerning the provision of children’s social care.

Other Areas of Experience in Practice:

Jake has experience of prosecuting and defending in professional discipline proceedings, having appeared on multiple occasions before the Nursing and Midwifery Council as well as the Teaching Regulation Agency. He has also appeared in the Magistrates’ Court and Crown Court in cases concerning regulatory offences. Jake has appeared in a significant number of immigration law cases, including protection and human rights appeals before the First-tier Tribunal, Upper Tribunal and Court of Appeal) concerning a broad range of States and territorial entities. He has also acted in a range of immigration judicial review claims and, primarily through Bail for Immigration Detainees, appeared pro bono and secured the release of immigration detainees on bail. Jake also has successfully appeared on multiple occasions before the First-tier Tribunal (Social Entitlement Chamber) in appeals concerning benefits such as Pension Credit and Personal Independence Payment, as well as appearing in the First-tier Tribunal (Mental Health) in respect of those detained pursuant to the Mental Health Act 1983.

Prior to the Bar

Jake was part of the Legal Tools for Peace-Making Project based at the Lauterpacht Centre for International Law (University of Cambridge), where he contributed to the development of the award-winning Language of Peace research tool and drafted case studies on key issues arising in peace negotiations. Jake subsequently used these materials to provide training on international law and peace-making to international organisations, including the United Nations, European Union, and the Organization for American States. Jake also acted as Research Assistant to Professor Marc Weller, assisting with academic publications and legal advisory work. He assisted Professor Weller in engagements concerning the conflicts and transitions in Syria, Yemen, Myanmar (Burma) and Transnistria (Moldova). He has taught law on the LL.M at the University of Cambridge and the LL.B at the University of Leeds.

Recommendations

Jake is ranked as “Up and Coming” for Court of Protection (Health and Welfare) and Education Law in Chambers and Partners, and a Rising Star (Tier 1) for Court of Protection and Community Care (as he was in 2023) and Education Law in the Legal 500. Recent editorial includes the following:

• a very good advocate;
• a good understanding of how to read the room and adapt his advocacy style
• to suit the particular requirements of the court on the day;
• analytical in his considerations of the issues faced by the clients and pragmatic in his approach to their resolution;
• both forceful in seeking justice and representing clients to the highest standard yet respectful and courteous to opposing counsel;
• a tenacious advocate;
• skilled in cutting through complex issues;
• a well-regarded junior;
• particularly adept at handling safeguarding and medical treatment cases;
• particularly adept in disability discrimination claims and regularly appears in judicial review claims;
• empathetic towards clients;
• polite and courteous in his approach to others;
• sensitive to the matters before the court;
• links details in cases well;
• his knowledge is astounding, as is his work;
• his advocacy is measured, realistic and sensible.

PUBLICATIONS

Jake has published widely in the fields of public law, human rights law, and international law, and his work has been cited by national and international bodies such as the House of Lords Select Committee on the Constitution, the EU Parliament, and a dispute settlement panel of the World Trade Organization. It has also been featured in multiple House of Commons briefing papers, written by the House of Commons Library for Members of Parliament. Examples of published works include:

• ‘Negotiating the Legal Fate of Detainees’ in International Law and Peace Settlements (2021, CUP) (with Dr Mark Retter)
• ‘Panel Size Determination in the UK Supreme Court’ (2020) Civil Justice Quarterly 144 (with Dr Joe Tomlinson and Dr Duncan Fairgrieve)
• ‘Attribution of Conduct in the Context of UN-Authorised International Military Operations: Serdar Mohammed before the Courts of England and Wales’ (2017) 55(1) Military Law and the Law of War Review 75
• ‘Delegated Legislation, Brexit, and the Courts’ (2017) 22(3) Judicial Review 320 (with Dr Joe Tomlinson)
• ‘Counterclaims in International Law’ in La Solución de Controversias en Derecho Internacional y Temas Vinculados: Liber Amicorum for Alejandro Turyn (Eudoba: Buenos Aires, 2017) (with Dr Michael Waibel, Cambridge)
• Written Evidence: Delegated Powers in the ‘Great Repeal Bill’ Inquiry’ (24 February 2017) House of Commons Procedure Committee (with Mr Joe Tomlinson).
• ‘Identifying the Language of Peace: Developing the Practical and Theoretical Framework of Peace-Making’ (4 January 2017) EJIL: Talk! (with Professor Marc Weller, Dr Tiina Pajuste, Dr Mark Retter and Ms Andrea Varga).
• ‘Something New in Substantive Review: Keyu v Secretary of State for the Home Department’ (2016) 21(3) Judicial Review 204 (with Mr Joe Tomlinson).
• ‘And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case’ (10 November 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson and Dr Duncan Fairgrieve).
• ‘The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke’ (27 July 2016) UK Constitutional Law Association Blog.
• ‘Neuberger’s Novelties: Keyu and the Substantive Review Debate’ (17 February 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson).
• ‘The Use of Force against ISIL in Libya and the Sounds of Silence’ (6 January 2016) EJIL: Talk!.
• The Oxford Handbook of the Use of Force in International Law (Oxford University Press, 2015) (as Assistant Editor).
• ‘Immigration and Refugee Law (2014-2015 Legal Year)’ (2015) 6 UK Supreme Court Yearbook 406.
• ‘Immigration Law (2013-2014 Legal Year)’ (2015) 5 UK Supreme Court Yearbook 338.
• ‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part II)’ (2014) 44(2) California Western International Law Journal 1.
• ‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part I)’ (2013) 44(1) California Western International Law Journal 39.
• ‘Provisional Measures and the Authority of the International Court of Justice: Sovereignty vs. Efficiency’ (2013) 1(1) Leeds Journal of Law and Criminology 45.

APPOINTMENTS

• Court of Protection Bar Association, Committee Member (Co-opted 2022, Elected since 2023)
• Government Legal Department, ‘Junior Junior’ Barrister (since 2018)
• College Research Associate, Wolfson College, University of Cambridge (2015-2021)
• Visiting Tutor and Examiner in International Law, University of Leeds (2014-2015)

Awards

• Lincoln’s Inn: Walter Wigglesworth Pupillage Award (2017)
• Lincoln’s Inn: Buchanan Prize (2017)
• Lincoln’s Inn: Lord Denning Major Scholarship (2015)
• Lincoln’s Inn: Hardwicke Entrance Scholarship (2014)
• BPP Law School: Excellence Award Scholarship
• University of Cambridge: Philip C. Jessup International Law Moot Court Competition (2013 – 2014) – UK National Rounds Quarter Finalist; Runners Up for Best Applicant Memorial and Best Overall Memorials
• University of Leeds: Hughes Extended Essay Prize for Highest Marked LLB Dissertation (2013)
• University of Leeds: Hogan Lovells Prize in Commercial Law (2012)
• University of Leeds: Sidley Austin LLP Prize in Advanced Legal Research and Law Reform (2012)
• University of Leeds: Allen and Overy Debating Competition – Runner Up (2012), Winner (2011)

QUALIFICATIONS

• BPTC – BPP University, London (2015-2017) – Outstanding – 2nd in Year
• LL.M (International) – University of Cambridge (2013-2014)
• LL.B Law (Hons) – University of Leeds (2010-2013) – First Class – 1st in Year

MEMBERSHIPS

• Court of Protection Bar Association (CPBA)
• Court of Protection Practitioners’ Association (COPPA)
• Administrative Law Bar Association (ALBA)
• Young Legal Aid Lawyers (YLAL)
• Liberty
• Justice

FURTHER INFORMATION

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

Bar Council Membership No: 69069
Registered Name: Mr Jake William Rylatt
VAT Registration No: 291256887

Privacy

Jake adopts and adheres to the provisions of his privacy notice which can be accessed here.