Emma Varley

Associate, Public Law and Human Rights.

Emma acts in a wide range of public law matters, including cases in the Court of Protection.

Emma has a particular interest in Education Law, and frequently represents children and young people in education-related judicial review challenges of decisions by local authorities and educational institutions, as well as in civil claims for compensation; many of her cases touch upon human rights issues and discrimination.

As well as being instructed by family members in disputes in the Court of Protection, Emma is also frequently instructed by the Official Solicitor to represent ‘P’. Emma’s practice encompasses all aspects of health and welfare, including complex issues relating to care, residence, contact, and deprivations of liberty.

During her training contract, Emma also gained experience in the Employment & Professional Discipline and Clinical Negligence & Personal Injury teams at Bindmans LLP.

Emma worked as a paralegal for two years prior to joining Bindmans LLP, gaining experience in Court of Protection, community care, and education law before qualifying as a solicitor in 2019.

Emma's Cases Include -

Judicial Review

Acted for the successful Claimant in these judicial review proceedings concerning a scheme operated by the Secretary of State for Work and Pensions, under which deductions are made from claimants’ legacy benefits in respect of utility charges which are paid directly to third party companies: R (Timson) v Secretary of State for Work and Pensions [2022] EWHC 2392 (Admin). In June 2023, the Court of Appeal dismissed all of the Government’s grounds of appeal, and upheld the decision in favour of the Claimant: [2023] EWCA Civ 656.

A proposed judicial review challenge to the Government’s failure to take into account the needs of those with particular health conditions and disabilities when drawing up the guidance relating to the restrictions on leaving our homes during the first COVID-19 national ‘lockdown’. Following pre-action correspondence, the guidance was amended

During her training contract, Emma worked on R. (on the application of RD (A Child) and ors) v Worcestershire CC [2019] EWHC 449 (Admin) (28 February 2019), in which the firm represented four children in this successful judicial review challenge against the removal of SEND provision for children in Worcestershire

Court of Protection

Instructed by the Official Solicitor to act for Mr Tony Hickmott in Court of Protection proceedings concerning his welfare, including in an application made by BBC and Sky to disapply anonymity provisions given the considerable public interest in the case: PH & Anor v Brighton And Hove City Council [2021] EWCOP 63 (23 November 2021)

Instructed by the second respondent father in Court of Protection proceedings concerning his son, including in a successful application for declaratory relief and costs: ND (Court of Protection: Costs and Declarations) [2020] EWCOP 42 (28 August 2020)