3PB

Education, Family

Aimee Fox was nominated for Barrister of the Year at the Birmingham Law Society Legal Awards 2023. She is ranked as a leading lawyer by the Legal 500 in all of her areas of practice and takes instructions for cases across the UK; as well as in Chambers & Partners.

Prior to completing pupillage and joining the Bar, Aimee was an associate at magic circle law firm, Clifford Chance LLP in Brussels.

Aimee specialises exclusively in Family Law and Education Law. She handles an established practice specialising in financial remedies and private law proceedings.  She is often instructed for her expertise in education law (SEN) to assist on related Children Act and financial matters where children have additional needs.

Aimee’s financial remedy work has included a variety of high value disputes. Aimee has also been instructed on a schedule 1 application with significant international elements and an unusual case involving the enforcement of a German child maintenance order. She continues to be in constant demand for her expertise in complex and highly sensitive cases.

Aimee has extensive experience in tribunals relating to EHC Plans. She has also been successful in a number of judicial reviews and appeals to the Upper Tribunal. Aimee’s expertise is such that she is often invited to train other practitioners and was invited to speak on Education Law at the Annual Conference of Chartered Paediatric Physiotherapists at the Emirates Stadium.

Education 

Aimee has a busy education law practice and regularly appears in the First-tier Tribunal.  She acts for and advises all parties including, local authorities, schools, parents and young people. Aimee was recently invited to speak on education law at the National Conference of Chartered Paediatric Therapists.

Aimee has also been instructed on a number of judicial review matters. She was successful in defending a local authority in a claim for judicial review brought pursuant to section 19(1) Education Act 1996.

Other examples of matters Aimee has been involved with include:

• Discrimination claims
• Special educational needs
• Prosecutions for non-attendance at school (including in the Crown Court and High Court)
• Clerking Permanent Exclusion Review Panels
• Appeals concerning permanent exclusion
• School inspection
• Appeals against decisions of the First-Tier Tribunal
• Disputes concerning Local Offers
• Advice and representation in judicial review

Notable Cases

DH and GH v Staffordshire County Council [2018] UKUT 49 (AAC)
This case concerned an appeal from the First Tier Tribunal. The Appellants argued that the Tribunal had misdirected itself on the law in respect of issuing an Education, Health and Care Plan and the ability of a mainstream school to make relevant provision. This case involved issues which Aimee’s opponent, David Wolfe QC, described to Upper Tribunal Judge Jacobs at the oral hearing as “complex and novel”. For more information click here.

DS, R (on the application of) v Wolverhampton City Council [2017] EWHC 1660 (Admin)
Aimee Fox successfully represented the local authority against an allegation that there had been a failure by it to provide suitable education for DS in breach of its duty under section 19(1) of the Education Act 1996. DS had not returned to school after a contested incident during which he had returned home in a state of undress. Mr Justice Garnham went on to consider whether, if a breach had been found, the local authority’s alternative provision would have been suitable.

Family 

Finance

Before joining the bar, Aimee worked on mergers and acquisitions in a variety of sectors including pharmaceuticals and telecommunications. Her experience in M&A means she is more than comfortable navigating parties’ financial arrangements on divorce.

Aimee is often instructed to represent high-net-worth parties where there are arguments involving inherited wealth or pre- or post-relationship acquired assets. Aimee has been instructed on cases where there are disputes concerning companies, trusts, partnerships, third party interests, cryptocurrency, non-disclosure, inheritance and pre-acquired wealth.

Aimee has been involved with a number of more complex matters including cases involving the Proceeds of Crime Act 2002 and personal injury awards. She has also been able to call upon her expertise in the law of special educational needs (SEN) to assist in advising separating spouses whose children require bespoke accommodation or additional care.

Aimee is also happy to provide representation in private FDRs and Early Neutral Evaluations.

Cases:

Recent cases Aimee has been instructed on include:

C v C: Represented applicant at first instance and on appeal against leading financial remedy QC in respect of occupation of the FMH.

H v H: Represented applicant in proceedings involving enforcement of child maintenance order from another jurisdiction in the EU. At one stage of the proceedings, the case had been referred to European Court of Justice for guidance on domestic law.

R v S: Schedule 1 application in which the respondent was not domiciled in the UK and had business interests and income streams in Mexico, Belize and other jurisdictions.

H v B v S: Represented the applicant in proceedings involving a divorce obtained allegedly as a result of fraud and forgery of divorce documents. Queen’s Proctor invited to intervene.

T v T: Represented the respondent in an application to vary a ‘Christmas Order’ for child periodical payments.

W v W: A civil partnership dispute in which the assets were worth several million pounds and included a large property portfolio and a very high value share portfolio. Arguments also involved financial liabilities abroad.

B v S: Financial remedy proceedings with concurrent proceedings in the Crown Court with the matrimonial assets at risk because of a Proceeds of Crime Act application by the Crown Prosecution Service.

D v D: Financial remedy proceedings made complicated as a result of the application having been made some 15 years after the end of the marriage.

F v F: Final hearing of committal application for failure to comply with orders and provide disclosure in financial remedy proceedings.

K v K: Represented the Wife in a case where the court awarded her 100% of the identifiable assets as a result of the Husband’s poor litigation conduct.

Private Law Children, Injunction and Domestic Abuse

Aimee is well known for her expertise in private law matters.

Aimee is regularly instructed in complex proceedings involving children which include allegations of physical and emotional abuse, sexual abuse, domestic violence and parental alienation. Aimee is well equipped to handle applications where there has been social work involvement after spending a number of years representing parties in public law care proceedings.

Aimee’s expertise in education law allows her to excel in applications before the family court involving children with special educational needs (SEN), mental health diagnoses or disabilities including Autism. This also allows her to provide advice on applications involving schooling.

Aimee is experienced in representing parties involved in disputes where there is expert evidence. In her areas of practice, she has cross-examined psychologists including educational psychologists, psychiatrists, occupational therapists, speech and language therapists, physiotherapists as well as teachers.

She has experience of internal and international relocation cases and has provided training to solicitors on pursuing and defending relocation applications. Aimee has an LLM in European Law which makes her particularly adept in this area. She also completed prestigious internships at the British Institute of International & Comparative Law and the International Bar Association.

Aimee has been commended for her personable manner and client focused approach. She always seeks to find pragmatic and cost-effective solutions for her clients.

Cases:

Recent cases Aimee has been instructed on include:

G v R: Represented a parent in protracted proceedings against a leading QC in which the subject child was recognised as academically gifted. The child’s stellar talent and achievements factored heavily in the arguments raise by the parties. Alienation was also alleged.

D v D: Represented the applicant in private law proceedings against a leading QC. Allegations of domestic abuse and punishment of the children featured in the case. The matter procedurally complex and involved the consolidation of concurrent proceedings in respect of other siblings.

R v J: Represented a high-profile public figure in private law proceedings.

A v D: 7 day fact-find to determine allegations of domestic violence. One party represented by a leading QC.

H v H: International relocation to Romania.

P v B v P: Private law proceedings in which the child had been subject to lengthy litigation and numerous appeals in Poland. Jurisdictional issues arose as well as consideration of the legal effect of orders made in Poland.

D v H v I: Lengthy private law proceedings with arguments on parental alienation and residence as well as special guardianship and the applicability of a section 91(14) barring order. There was involvement from NYAS.

A v C: Appeal in private law proceedings arising from the court’s decision to transfer residence.

D v D: Private law proceedings requiring the court’s determination in respect of the child’s medical treatment and schooling.

B v R: Private law proceedings involving multiple experts from various fields.

Y v F: Advising special guardians on international relocation.

B v B: International relocation in which respondent parent was living outside the jurisdiction.

T v T: Private law proceedings involving at 16.4 guardian and a child with Autism.

FDR Hearing Service

Aimee is available for private remote FDR hearings.

Public and Regulatory 

Aimee Fox's public and administrative law practice is focused on her expertise in all aspects of education law and she regularly appears in the First-tier Tribunal.  She acts for and advises all parties including local authorities, schools, parents and young people. Aimee was recently invited to speak on education law at the National Conference of Chartered Paediatric Therapist. She has given a number of seminars across the country on issues relating to Education, Health & Care Plans, exclusions and admissions.

Aimee has been instructed on a number of judicial review matters in the education sector. She was successful in defending a local authority in a claim for judicial review brought pursuant to section 19(1) Education Act 1996. More recently she has been instructed on judicial review matters relating to the impact of Covid-19 on educational provision.

Year of call: 2007