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Miriam Benitez

Partner

Profile

Miriam is a Barrister and Partner, and co-lead of the firm's Education Group supporting the education sector with all aspects of regulatory compliance and growth. She specialises in complex matters in the context of strategy and governance, safeguarding, equality, special educational needs and claims. Her previous practice at the Bar has given her a real strength in identifying disputes early and finding pragmatic solutions that avoid litigation or damage to the reputation of her clients.

Her clients span a wide range of providers from nurseries to universities and having acted for both families/individuals and settings, Miriam is uniquely placed to understand both sides of a dispute.  She often works seamlessly with members of other teams at Mishcon such as data protection, employment, corporate and charity, to find the most impactful solutions for her clients. Miriam takes a holistic approach to her clients’ needs and works tirelessly to meet their expectations.

Miriam speaks at national and international conferences on education law and is a keen trainer of leaders across the education sector.  In addition to English, she speaks Spanish (mother-tongue), Polish, Russian and German. She is a qualified mediator.

Miriam is also the Bar Council’s appointed representative in the Advisory Group to the Judicial Appointments Commission and a Trustee of Hackney Foodbank together with Trussel Trust. Her work is regulated by the Bar Standards Board and the Solicitors Regulatory Authority.

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Key Experience

  • Safeguarding due diligence reporting in the context of international school transactions.
  • Advising global law firm on proposal to set up an international hospital school in the UK, including on all regulatory matters linked to the provision of education.
  • Successfully responding to Ofsted’s Investigations Team in relation to intention to prosecute for the alleged running of illegal schools by AP provider, resulting in the matter being dropped without adverse consequences to the clients.
  • Drafting terms of reference for antisemitism review in schools.
  • Handling complex parental complaints where it is necessary to respond to multiple regulators in addition to handling the complaints internally. 
  • Dealing with disability and race discrimination claims in the Tribunal and the County court. Multiple successful strike out applications.
  • Advising large hospital schooling provider on hospital funding and service level agreements with 7 local authorities
  • Conducting investigation for university in relation to alleged failures of mental health support for students

Notable cases include:

  • R -v- Michaela Community Schools Trust EWHC 843 (Admin) - religious rights in education
  • The Buckinghamshire Grammar Schools v Office of Schools Adjudicator ADA4281 - inclusion and transparency in admission arrangements
  • Robert Sharp, R (on the application of) v The Office of the Schools Adjudicator [2023] EWHC 1242 (Admin) - fairness of feeder school's admissions arrangements
  • R (McConnell and YY) v Registrar General [2020] EWCA Civ 559 - transgender rights in the context of birth registration and trans families
  • Re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] UKSC 4 - extraterritorial operation of international children's rights protections
  • GS (India), EO (Ghana), GM (India), PL (Jamaica), BA (Ghana) & KK (DRC) v Secretary of State for the Home Department [2015] EWCA Civ 40 - Article 3 ECHR rights of client with end-stage renal disease subject to deportation proceedings.

Career History

Partner, VWV LLP
Barrister, The 36 Group
The University of Law, Bar Vocational Course
City St George's, University of London, Common Professional Examination
Universidad Complutense de Madrid, Masters in Slavic Philology and History

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