Robert Wilkinson


BarristerCall 2007

Robert specialises in all aspects of the law relating to children. Robert’s practice increasingly involves representing children through their appointed Guardian, both in public law care proceedings, and to a greater extent in private law proceedings through Rule 16.4.

Robert also readily receives instructions on behalf of Local Authorities, parents and interveners in public law children proceedings as well as the full range of private law children and Family Law Act work. Robert frequently acts in complex care cases involving allegations of serious physical, emotional and sexual abuse and has appeared at all levels from lay justices to the Court of Appeal.

Robert is fully qualified to undertake work on a Direct Access basis from members of the public.

Robert previously worked within a firm of specialist family solicitors in London focusing on all aspects of public law and private law children matters including child abduction under the Hague Convention and urgent applications covered by the Family Law Act 1996.

University of Newcastle Upon Tyne (Law LLB)

College of Law, London (Bar Vocational Course, Very Competent)

Neville Laski Pupillage Award (Inner Temple)

Re J

Representing the children, via their Guardian, appointed under Rule 16.4, in lengthy and highly protracted private law proceedings. The case included separate multi-day fact-finding and welfare hearings. At the fact-finding stage the court considered allegations of a campaign of harassment and domestic violence perpetrated by the father, with cross-allegations by the father of domestic violence against him and coercive and controlling behaviour by the mother. At the welfare stage, Robert was able to successfully argue against any shared child arrangements order and argued on behalf of the children for a non-molestation order against the father in light of his harassing and inflammatory conduct towards the mother.

 

Re S

Robert acted for the Local Authority in care proceedings where the child’s eventual placement in a residential unit was agreed by the parties, but the legal basis of placement was fundamentally in dispute with the mother (who had severe learning disabilities and required an advocate and support worker) and maternal grandmother arguing that not only should the court make no order, but the threshold for the making of orders was not met.

The court agreed that threshold was met and that the final care order was necessary due to the lack of stability in the relationship between the mother and maternal grandmother. The court agreed that this could lead to their consent to the agreed placement being withdrawn and consequently there was a high likelihood of further proceedings, which would be contrary to the child’s best interests.

 

Re M

Representing the Local Authority in an application for care and placement orders involving an extremely vulnerable mother who had spent a number of years imprisoned by a sex trafficking gang. She suffered from significant mental health problems and her volatile and aggressive presentation to professionals throughout the Local Authority’s involvement spilled over into the court proceedings. All professional witnesses were excused from attending court and gave their evidence via video link from an undisclosed location following multiple threats to kill the Social Worker and Guardian.

 

Re D

A highly complex High Court care case acting for an intervenor accused of murder. The subject child in the proceedings was the baby’s surviving half-sibling by a different father and the responsibility for the baby’s death was central to the question of whether the surviving child could return to the mother’s care.

 

Re C

A protracted and lengthy case representing a father in private law proceedings. The father faced allegations of domestic abuse and a CAFCASS report which recommended no contact of any form without the father successfully completing a Domestic Violence programme, something which he had been excluded from during the lifetime of the proceedings. Robert was able to successfully challenge the negative CAFCASS report and secure an immediate reintroduction of face-to-face contact and final orders for the children to spend regular, unsupervised time with their father on an overnight basis.

Family Law Bar Association

Inner Temple

PRIVACY POLICY FOR ROBERT WILKINSON

 

Privacy Policy

In order to provide legal advice and representation, I need to collect and hold personal information. This may be your personal data or information relating to other parties involved in the matter. I will take all possible steps to protect personal information. I will ensure that I do not do anything that may infringe your rights or undermine your trust. This privacy notice describes the information I collect about you, how it is used and shared, and your rights regarding it. 

 

 

Data controller

I, ROBERT WILKINSON, am a member of NEW COURT CHAMBERS. I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is NEW COURT CHAMBERS, TEMPLE, LONDON, EC4Y 9BE and my ICO registration number is Z3124865.

 

 

Data collection

The vast majority of the information that I hold about you is provided to, or gathered by, me in the course of your case and/or proceedings. Your solicitor and/or I will tell you why we need the information and how we will use it. In addition to the information you may provide to me or your solicitor, I also obtain information from other sources as follows:

 

  • Information that is available publicly in registers, searches or in the media
  • Other legal professionals including solicitors and barristers and their associates, trainees and staff
  • Chambers staff
  • Expert witnesses
  • Prosecution bodies
  • Regulatory, public or administrative bodies
  • Court staff & officials
  • Clients
  • References

 

 

What data do I process about you?

Depending on the type of work, I collect and process both personal data and special categories of personal data as defined in the UK GDPR. This may include:

 

  • Name
  • Email address
  • Phone number
  • Address
  • Payment or bank details
  • Date of birth
  • Next of kin details
  • Details pertaining to education and employment
  • Details pertaining to current and past medical status
  • Social work involvement
  • Information on your background & current circumstances
  • Financial information.

 

Where relevant, I may also need to process special category personal data that reveals your:

 

  • Racial or ethnic origin
  • Political opinions
  • Religious and philosophical beliefs
  • Trade union membership
  • Genetic data
  • Biometric data for the purpose of uniquely identifying a natural person
  • Data concerning health
  • Sex life and sexual orientation.

 

On occasion, I may also process personal data relating to criminal convictions and offences.

 

 

My lawful basis for processing your information

In order that I can provide legal services and representation for you, I must process your personal data. The UK General Data Protection Regulation (the UK GDPR) requires that where I process personal data, I must have a lawful basis for doing so. The lawful bases identified in the UK GDPR that I seek to rely upon are as follows:

 

  • Consent of the data subject –where this required, I will ensure that I have your specific consent for processing your data for the specified purposes. You will also have the right to withdraw your consent at any time. Where you do so this will not affect the legality of data processing which had taken place prior to your withdrawal of consent.
  • Performance of a contract with the data subject, or to take steps to enter into a contract.
  • Compliance with a legal obligation –to comply with various regulatory and professional obligations, e.g. filing tax returns with HMRC.
  • The legitimate interests of my business or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

 

Examples of legitimate interests include but are not limited to:

  • Provision of legal services and advice.
    • For purposes of practice management, accounting and debt recovery;.
  • For completion of professional regulatory requirements.
  • Processing for direct marketing purposes, or to prevent fraud.
  • Reporting threats to public security.
  • Such other purposes as set out below.

 

 

Special category processing

The UK GDPR specifies that where I process special category data, I must rely upon certain exemptions to do so lawfully. The following exemptions are applicable in my practice

 

  1. I have your explicit consent to do so; or
  2. It is necessary for the exercise or defence of legal claims or judicial acts.

 

 

Criminal data processing

On occasion, I process data relating to criminal offences where it is necessary for:

 

 

  • The purpose of, or in connection with, any legal proceedings;
  • The purpose of obtaining legal advice; or
  • The purposes of establishing, exercising or defending legal rights
  • Where I have your explicit consent to do so.

 

 

Purposes:

I use your personal information for the following purposes:

 

  • Provide legal advice and representation;
  • Assist in training pupils and mini pupils (trainees);
  • Investigate and address your concerns;
  • Communicate with you about news, updates and events;
  • Investigate or address legal proceedings relating to your use of my services, or as otherwise allowed by applicable law;
  • Assist in any tendering or panel membership applications;
  • Assist in any other applications for the purpose of professional development or career progression;
  • Communicate legal updates and judgments to other legal professionals;
  • For the management and administration of my practice
  • To recover debt
  • To manage complaints with regulators
  • Communications with regulators
  • Where relevant to conduct anti money laundering, terrorist financing or conflict of interest checks

 

 

In the course of processing your information to provide legal services to you, I may share your personal data with:

  • Instructing solicitors or other lawyers involved in your case;
  • A pupil or mini pupil, under my training;
  • Opposing counsel, for the purposes of resolving the case;
  • Court Officials, including the Judiciary;
  • Opposing lay clients
  • My chambers’ management and staff who provide administrative services for my practice;
  • Expert witnesses and other witnesses;
  • My regulator or legal advisors in the event of a dispute, complaint or other legal matter;
  • Head of Chambers or complaints committee within my chambers, in the event of a complaint;
  • Law enforcement officials, government authorities, or other third parties, to meet any legal obligations;
  • Legal directories, for the purpose of professional development;
  • Any relevant panel or tendering committee, for the purpose of professional development;
  • Accountants and banking officials;
  • Regulators or arbitrators, where complaints or disputes arise;
  • Any other party where I ask you for consent, and you consent, to the sharing.
  • I may also be required to disclose your information to the Police or Intelligence services where required by law or pursuant to a court order

 

 

 

Transfers to third countries and international organisations

I transfer personal data in order to store case files digitally through cloud storage.

I store my case files on Microsoft One Drive which is a cloud hosted environment. Data is stored within the UK.

I am satisfied that such transferred data is fully protected and safeguarded as required by the UK General Data Protection Regulation.

 

 

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

 

  • There is an unresolved issue, such as a claim or dispute;
  • I am legally required to; or
  • There are overriding legitimate business interests to do so.

 

I will typically retain case files for a period of 6 years following the conclusion of a case/matter or receipt of final payment, whichever is the latest. This reflects the period required by the Bar Mutual Indemnity Fund relating to potential limitation periods.

 

Where various pleadings and documents have been drafted, they may be retained for learning purposes and legal research. Where this is the case, I will anonymise the personal information/redact information which may identify an individual/risk assess the continued retention of the documents.

 

 

Your rights

The UK GDPR gives you specific rights in terms of your personal data. For example, you have the right of access to the information I hold and what I use it for;

you can ask for a copy of the personal information I hold about you.

 

You can ask me to correct any inaccuracies with the personal data I hold, and you can ask me to stop sending you direct mail or emails or, in some circumstances, ask me to stop processing your details.

 

Finally, if I do something irregular or improper with your personal data, you can complain to the ICO if you are unhappy with how I have processed your information or dealt with your query. You may also seek compensation for any distress you are caused or loss you have incurred.

 

You can find out more information from the ICO’s website:

 

http://ico.org.uk/for_the_public/personal_information

 

 

Accessing and correcting your information

You may request access to, correction of, or a copy of your information by contacting me at [x email address].

 

 

Marketing opt-outs

You may opt out of receiving emails and other messages from my practice by following the instructions in those messages.

 

 

I will occasionally update my privacy notice. When I make significant changes, I will notify you of these. I will also publish the updated notice on my chambers website profile.