Lucy Atherton

I am a senior associate specialising in education and children’s rights. I am based in Newcastle but advise clients throughout England.

I represent children, young people and parents in education-related public law matters, in both private and publicly funded work. My key focus is children with special educational needs and disabilities (SEND), including the health and social care aspects of their cases.

I regularly represent clients in SEND Tribunal appeals, including appeals to the Upper Tier Tribunal. I have particular experience in appeals concerning Education Otherwise Than In School (EOTIS), and my published cases include Derbyshire CC v EM and DM (SEN) [2019] UKUT 240 (AAC) [https://www.ipsea.org.uk/derbyshire-cc-v-em-and-dm-sen-2019-ukut-240-aac-main] which confirmed a Local Authorities’ duty to deliver EOTIS in the home where this was appropriate.

I regularly advise on judicial reviews against Local Authorities on education and community care matters, such as failure to deliver the provision in an EHCP. I also support families with the wider Education, Health and Care Plan (EHCP) process, including seeking an EHC needs assessment, advising on the contents of an EHC plan, securing suitable provision and an appropriate school, and the annual review process.

I also advise schools and colleges on SEND matters and disability discrimination.

In addition to SEND work, I also advise on exclusions, admissions, safeguarding, discrimination claims and formal complaints against Local Authorities or schools.

Key highlights

• An Upper Tribunal appeal confirming a Local Authorities’ duty to continue an EHCP after 18 even where the young person was unlikely to be able to gain traditional qualifications or paid employment.
• A judicial review against a Local Authority who refused to implement a child’s EOTIS package because they wanted to use a different provider. The matter was settled by consent and ultimately resulted in the full package being reinstated, and the parents reimbursed for the costs incurred in providing education in the interim period.
• A judicial review concerning a child placed in an unsuitable mainstream school, which secured a placement at their parents' preferred special school.

What do you like about working at Irwin Mitchell?

I like being part of a large public law team who have a huge breadth of knowledge, so there are always colleagues who can help with areas outside of my expertise. I’m proud to be part of a team which helps people in the most difficult periods of their lives.

What is the most rewarding aspect of your role?

When I hear from a client that my advice has enabled their child to have a positive experience of education, sometimes for the first time in years, it makes all the hard work worth it.

What inspired you to get into law?

My first encounter with lawyers was when I volunteered as a housing adviser for Shelter, and was struck by how the right advice at the right time could avert a crisis in a client’s life. I got into education law through volunteering for the charity IPSEA, and again was so inspired by the transformative effect the right advice could have that I ended up working in their legal team for several years.

What do you do away from the office?

When I’m not running around after my two young children, I enjoy singing in a local choir, cycling and exploring the Northumbrian countryside.

Testimonials

Testimonials:

“Lucy Atherton is a star and vastly experienced in SEND matters.” – Legal 500 2026

“We wanted to take a moment to express our deepest gratitude for the incredible work you have done in supporting our family through the Judicial Review proceedings. Thanks to your hard work and unwavering dedication, we not only secured a Special School placement for September, but more importantly, the right school. You immediately understood the complexities of the case, grasped the nuances, and gave us the reassurance that we were not facing this daunting battle alone. That early confidence has carried us through every step of what has undoubtedly been the toughest uphill battle we’ve faced.

"Without your expertise, your belief in us, and your relentless dedication, we could not have overcome this. Nothing was ever too much trouble - your willingness, flexibility, and guidance enabled us to separate emotion from fact and present our case with clarity and strength.We would not hesitate to recommend you in the future to any other family who find themselves in the difficult position of having no choice but to exhaust legal avenues. You will always remain a pivotal part of our children’s story, and we will never forget the part you played in helping to secure their future.” – Ms P, a client

“Lucy Atherton was extremely helpful and kind. I felt valued and was listened to under difficult circumstances.” – Mr H, a client

“Where others failed to see our plight and told us it was better to suck it up, Lucy understood our motivations and saw opportunities on how to defend our position in the matter. She quickly took to work and was able to devise a clear and concise plan that was both realistic and strategic to our fight. She explained everything clearly and demonstrated deep and knowledgeable command of the legal landscape to operate in. Her fees were upfront with no hidden surprises. We got a good outcome in the end and this was principally due to Lucy's great work in pushing hard to obtain the result we needed.” – Mr A, a client

“I needed help with my daughter's EHCP, which was not being funded correctly by our LA. Lucy advised us to begin Tribunal proceedings, and her expert advice plus her amends to our daughter's EHCP made such a huge difference, both to the support she will now get, and to the level of funding she is entitled to. The LA have conceded to full funding without us needing to go to a Tribunal hearing. I'm confident that would not have happened if we hadn't had Lucy working with us.” – Ms E, a client