Jake Rylatt

Call 2017

Overview

Jake has established a busy public law practice with a strong focus on mental capacity (the Court of Protection and related jurisdictions) and education law. His practice also includes inquests and inquiries, professional discipline, prison and police law, and community care. Jake continues to develop a particular expertise in the rights of vulnerable adolescents and young adults, most recently as Judicial Assistant to Mostyn J in the High Court (Family Division and Administrative Court) from April to July 2022.

Jake is clerked primarily by Tom O’Connor, Joe Ralph, Jubeda Begum and Josie Ryan

“Jake has an eye for detail and is a passionate advocate for those he represents. He is polite and courteous to opposing counsel whilst representing his client to the highest of standards. He takes an analytical approach to cases and leaves no stone unturned with the issues in the case.”
The Legal 500 2023, (“Rising Star” for Court of Protection and Community Care)

Jake is presently instructed as Junior Counsel in R (Pearce) v Parole Board of England and Wales, due to be heard by the UK Supreme Court in November 2022.

Experience  and Expertise

Jake is a public law practitioner with a particular focus on mental capacity and mental health (both within the Court of Protection and related jurisdictions) and education law. Jake draws on his background researching and teaching law (human rights and international law), as well as a broad knowledge base from his early years of practice across a range of areas also including: inquests; prison and police law; professional discipline; community care; immigration; and social security law. He continues to develop his practice with a particular interest in promoting the rights of vulnerable adolescents and young adults, and is frequently instructed in cases concerning the relationship between the various legal regimes which may apply to those individuals.

Court of Protection

Jake is recognised by the Legal 500 2022 as a “Rising Star” in the field of Court of Protection, and a significant proportion of Jake’s practice covers the breadth of this and related jurisdictions, including the Inherent Jurisdiction of the High Court (Family Division) in respect of vulnerable adults and children and the Family Court in respect of Forced Marriage Protection Orders. Jake’s recent notable cases have included serious medical treatment cases concerning an above-knee amputation (Re JB (2022), Arbuthnot J) and the extubation and transition of a young man back to his home (Re NJ (2022), Keehan J), and Jake was 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). Jake is frequently instructed by the full range of parties to such proceedings, including the Official Solicitor and other litigation friends, ICBs (formerly CCGs), NHS Trusts, Local Authorities, the Office of the Public Guardian, and family members. Several of his cases have featured an international element, such as relocation outside the jurisdiction and marriages conducted overseas, allowing Jake to draw upon his background and experience in international law.

Education

Jake has a diverse practice within the field of Education Law, and he has appeared in the Upper Tribunal in a number of complex and important cases concerning Education, Health and Care Plan (“EHCP”) appeals and disability discrimination claims, 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). Jake is often instructed to advise and appear in judicial review claims, and has experience in 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.

Prison and Police Law

Jake has appeared in several important judicial review claims on aspects of prison law, and is presently instructed as junior counsel before the UK Supreme Court in R (Pearce) v Parole Board, concerning the Parole Board’s guidance on allegations (led by Philip Rule as he was in the Court of Appeal [2022] 1 WLR 2216, [2022] EWCA Civ 4). 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, concerning the Parole Board’s guidance on allegations); and R (Jackson) v Parole Board [2020] EWHC 559 (Admin) (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.

Inquests and Inquiries

Jake has appeared on behalf of a range of Interested Persons, including families, local authorities, governmental bodies, and care providers at pre-inquest reviews and inquests (including multi-day inquests) across a variety of contexts including prison deaths, the provision of psychological and psychiatric care in the community, adult social care (including domiciliary care), and sporting accidents. In conducting such inquests, Jake draws on his experience in cases concerning mental capacity and mental health, community care, and prison and police law.

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), and claims for asylum support.

Professional Discipline and Regulatory

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.

Other Areas of Practice

Jake has appeared in a significant number of immigration law cases, including protection and human rights appeals before the First-tier Tribunal and Upper Tribunal 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.

CASES AND WORK OF NOTE

  • Re JB [2022], Arbuthnot J
    Jake represented two NHS Trusts in this serious medical treatment application, securing orders from the Court of Protection that it would be lawful and in JB’s best interests to undergo an above-knee amputation.
  • Re DP [2022], Poole J
    Jake represented an NHS Trust in an urgent out-of-hours application pursuant to the Inherent Jurisdiction of the High Court. The application concerned a 14-year-old girl who was deprived of her liberty in hospital, having been discharged from detention under the Mental Health Act 1983, and who needed to be provided with appropriate accommodation and care by the relevant local authority.
  • LK v London Borough of Camden [2022], Upper Tribunal Judge Hemingway
    Jake appeared on behalf of the parent of a child in this appeal against a decision of the First-tier Tribunal concerning the placement named in the child’s Education, Health and Care Plan (“EHCP”). The appeal addressed inter alia issues of fairness and judicial conduct and the use of “overprovision” as justification for determining that a particular placement was unsuitable and should not be named in Section I of an EHCP.
  • Re NJ [2022], Keehan J
    Jake acted for an Integrated Care Board in this serious medical treatment application concerning the extubation of a young man and his transition home. The application gave rise to unusual and complex issues such as the use of mechanical restraint as part of the transition and conveyance plan.
  • Re LJK [2020-2022], Lieven J (previously DJ Glassbrook)
    Jake acts for LJK, by her litigation friend, the Official Solicitor, in this application concerning the residence, care, contact with others, sexual relations, and internet/social media use of a young woman. The application was transferred from Tier 1 to Tier 3 for Lieven J to consider the interrelationship between capacity to make decisions as to contact with others and to engage in sexual relations.
  • Re AM [2022], Lieven J
    Jake represents AHM, by his litigation friend, the Official Solicitor, in these linked applications by a local authority: in the Family Court for a Forced Marriage Protection Order (“FMPO”); in the Court of Protection for resolution of issues of capacity to marry and engage in sexual relations; and in the Inherent Jurisdiction of the Family Court for a declaration of non-recognition concerning an overseas marriage.
  • R (Pearce) v Parole Board [2022] 1 WLR 2216, [2022] EWCA Civ 4, Lewison LJ, Snowdon LJ, Macur LJ
    Jake, led by Philip Rule, appeared on behalf of the appellant in this successful challenge to the Parole Board’s “Guidance on Allegations”. Permission to appeal from the UK Supreme Court was secured by the Parole Board, and Jake remains instructed as junior counsel for the appeal hearing in November 2022.
  • London Borough of Southwark v WE (Alternative Person for OA) [2021] UKUT 241 (AAC), Upper Tribunal Judge Jacobs
    Jake was instructed to defend this appeal against a decision of the First-tier Tribunal naming a residential placement in Section I of a young person’s Education, Health and Care Plan (“EHCP”). The case addresses the correct approach to considering cases in which a “waking day curriculum” arguably arises, as well as provides guidance on the drafting of EHCPs.
  • An inquest touching upon the death of MV [2021], HM Senior Coroner for Greater Manchester South
    Jake was instructed on behalf of a domiciliary care provider in this inquest which gave rise to issues concerning the management of pressure sores and mental capacity to make decisions as to care and treatment.
  • Re CB [2020-2021], Arbuthnot J, Russell J, Moor J
    Jake was instructed on behalf of CB, by his litigation friend, the Official Solicitor, in this application originally under the Inherent Jurisdiction of the High Court but latterly within the Court of Protection. The application raised difficult questions as to CB’s best interests in the management of risks arising from a disorder of sexual preference.
  • F v Responsible Body of W School [2020] UKUT 0112 (AAC)
    Jake successfully appeared on behalf of the appellant in this appeal wherein the Upper Tribunal provided guidance on how the First-tier Tribunal may use its powers to strike out a disability discrimination claim.
  • SF (Injunctive Relief) [2020] EWCOP 19, Keehan J
    Jake appeared on behalf of the local authority in this application for injunctive relief to protect a vulnerable young woman at risk of sexual exploitation from men she was communicating with using social media and the internet. This was previously the leading case on the powers of the Court of Protection to issue injunctive relief.
  • An inquest touching upon the death of KH [2019], HM Senior Coroner for Suffolk
    Jake appeared on behalf of the family of the deceased in this multi-day inquest concerning the provision of mental health support, resulting in a Prevention of Future Deaths (“PFD”) report concerning the provision of Dialectical Behavioural Therapy (“DBT”).

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:

  • The Oxford Handbook of the Use of Force in International Law (Oxford University Press, 2015) (as Assistant Editor).
  • ‘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!.
  • ‘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) (since 2022)
  • 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.

Recommendations

Jake has been ranked as a Rising Star in The Legal 500 (Court of Protection). Recent editorial includes the following:

  • Jake has an eye for detail and is a passionate advocate; 
  • He is polite and courteous to opposing counsel whilst representing his client to the highest of standards;
  • He takes an analytical approach to cases and leaves no stone unturned with the issues in the case.