Kayleigh Simmons

Kayleigh has extensive experience of all matters concerning public law children matters. She has appeared in complex, multi-day Final Hearings to determine applications for Care and Placement Orders, and Special Guardianship Orders. Kayleigh has dealt with the full range of applications made subsequent to Final Orders being made, including discharge applications and applications for permission to revoke Placement Orders and to oppose the making of Adoption Orders.

Kayleigh is fully conversant with the law relating to secure accommodation and the deprivation of liberty, particularly in light of the immense pressures upon this system.

She has significant expertise in involving allegations of sexual abuse and has appeared, both led and as sole Counsel, in extended Fact-Finding Hearings, dealing with allegations of this nature.

Kayleigh also has particular experience acting in disputed allegations regarding non-accidental injuries to children, cross-examining expert paediatricians and other medical experts on such issues.

Across her practice, Kayleigh routinely engages with complex medical and scientific evidence, vulnerable persons (with and without capacity to conduct litigation), and also has experience of international assessments and placements of children within public law proceedings.

Kayleigh regularly represents parties in private cases, including applications for Child Arrangements Orders, Specific Issue and Prohibited Steps Orders. She also deals with Occupation Orders and Non-Molestation Orders.

She has appeared in difficult and lengthy Fact-Finding and Final Hearings, considering allegations of domestic and sexual abuse, representing and cross-examining vulnerable witnesses, including children of the family. Kayleigh well-understands the potential overlap into public law proceedings that cases of this nature often present and also has experience of cases that have led to the appointment of a Children’s Guardian.

Kayleigh has also acted in numerous cases involving both domestic and international relocation of children.

• Re: Child A and B [2024] EWFC 284 (B): This case involved an application for a Specific Issue Order in respect of education brought by a Mother. The lower Court made a decision contrary to the recommendation of the Child Impact Report and dismissed her application. The Mother appealed. The Appeal Court allowed the appeal and gave important practice guidance on the Pathfinder Scheme. This guidance is applicable to all cases allocated to Pathfinder and should be considered by all practitioners dealing with applications under this Scheme.
• Re: M-RW and MW (9^th June 2020): Proceedings were issued by the Local Authority as a result of the child, MW, having a gross fracture of his right humerus and the clinicians being of the view that the type of injury MW had suffered did not fit with the explanation the parents, in particular the father, had provided. The expert evidence at the time of the Final Hearing remained that the explanation did not fit with the injury. After Kayleigh had cross-examined the Consultant Orthopaedic Surgeon on behalf of the father, significant concessions were made by that expert, leading to the Local Authority to no longer suggest that the injury was non-accidental and to seek leave to withdraw the application for Care Orders, which was granted.
• Re: R-E (Contact: Support from Local Authorities in Wales) 21^st October 2021: The child in this case had complex emotional and developmental needs and was under the care of a Consultant Community Paediatrician due to her autism diagnosis. Her needs impacted upon the way in which contact between her and her father could be developed in this case. The Court gave guidance to Welsh Local Authorities in respect of their duties to assess the needs of individuals under Part 3 of the Social Services and Wellbeing (Wales) Act 2014; the need for contact being an important consideration in this case.
• Re R, A, A, F and C (July 2021): A complex case, in which Kayleigh, was led by Kings Counsel, that started as private law proceedings with the father making an application for a Child Arrangements Order. Contact was being withheld due to allegations of sexual abuse being made against the father and the paternal grandfather. The Local Authority became involved and issued public law proceedings due to concerns about the mother’s mental health. After a twelve-day Fact-Finding Hearing, findings of fabrication were made against the Mother and none of the allegations against the father or the paternal grandfather were found to be true.
• Re N, L and L (August 2023): Acting for the Local Authority, this was another case in which Kayleigh was led by Kings Counsel during a nine day Fact-Finding Hearing, in which serious allegations of sexual abuse were made against a stepfather. The mother in this case had severe cognitive limitations, requiring the need of an intermediary and written questions to be prepared in advance of the trial. All findings of abuse were made against the stepfather and findings of failure to protect were made against the mother.

• Crosskeys College (2002 – 2004)
• Cardiff University (2004 – 2007): Law LLB – First Class Honours
• Cardiff University (2008 – 2009): Bar Vocational Course – Outstanding (attended as a Grays Inn Bedingfield Scholar)

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