About Kye
With a growing practice in Deprivation of Liberty applications in the High Court (Inherent Jurisdiction) and the Court of Protection, Kye is experienced in advice and advocacy work in respect of judicial reviews of decisions relating to social services for unaccompanied asylum-seeking children.
Skilled in thoroughly digesting case papers, giving practical advice and drafting bespoke applications and associated pleadings, Kye produces persuasive position statements, skeleton arguments and detailed written legal submissions. He regularly appears as an advocate before the Family Court, High Court, Administrative Court and Court of Protection, as well as providing remote advice and advocacy and contesting multi-day trials.
Kye is recognised for his ability to rapidly digest complex case papers, provide clear, practical advice, and draft bespoke applications, skeleton arguments, and submissions tailored to each case. He is public access and litigation authorised meaning he can provide a holistic service, guiding clients from initial advice session and document drafting all the way through to trial. With extended insurance cover, Kye is also able to provide services tailored to high-net-worth clients with international and cross-jurisdictional needs.
Alongside practice, he serves as a Legal Services Manager in local government and delivers legal training and briefings to social workers, lawyers, and multi-agency professionals regarding key legal developments.
Care & Public Law Family Proceedings
Kye is instructed in care/public law family proceedings, including those involving:
- Physical harm
- Emotional harm
- Children living with disabilities
- CSE
- CCE
- Radicalisation
- Cultural experts
- International issues, including child abduction
- Secure accommodation
- Asylum and immigration
- Unaccompanied asylum-seeking children
- Technical disputes between local authorities
- The Inherent Jurisdiction, including Wardship and Deprivation of Liberty
- Court of Protection
- Human rights claims involving children and their families
- Judicial review
International Practice
Gibraltar – Kye is an experienced advocate before both first instance and appellate courts in care and private law matters, including international relocation/child abduction.
UAE – Kye can advise on jurisdictional and child abduction issues between Dubai, Abu Dhabi and England & Wales.
- Abu Dhabi Civil (non-Muslim) Family Court
- - Kye is qualified and available to represent clients in court.
- ADGM Courts
– Kye holds full rights of audience and is formally registered to appear.
Memberships & Advisory
- Bar Standards Board Ethics examiner
- Local Family Justice Board
- Family Law Bar Association
- Advocate (formerly the Bar Pro Bono unit)
- Treasurer and trustee of the Leicestershire Law Society
Private Family Law
- Child contact (spending time arrangements)
- Child residence (living with arrangements)
- Special Guardianship
- Domestic abuse injunctions
- International child abduction
- Local authority safeguarding
Kye has provided legal research and advice in related areas, including parental responsibility, the statutory duties of local authorities, CAFCASS, the police and health professionals (and the duty to ensure multi-agency working). He has drafted applications and formal skeleton legal arguments, and written submissions for Court.
An active member of his local Family Justice Board, Kye also regularly provides legal briefings and training to social work professionals, colleagues and other legal professionals regarding relevant legal developments.
Privacy Notice
This privacy notice explains how, why and for how long Kye Herbert will process or retain your personal data in accordance with the General Data Protection Regulation (GDPR).
If Kye has been instructed by you, your litigation friend, your solicitor or agent, or through a pro bono referral, it is necessary to process your personal data in order to provide legal services. This may include advising on the prospects of litigation, advising on the value of a claim, representation at hearings or trial, and reviewing legal issues or evidence.
Recipients of your data
Depending on the nature of your case, data may be shared with courts and tribunals, your solicitors or agents, witnesses, experts, other legal representatives, ombudsmen or regulators, education and examining bodies, and current, past or prospective employers.
Special categories of data
Some matters require processing special category personal data, including information about health, ethnicity, religion, trade union membership, political beliefs, sexual orientation, or criminal allegations and convictions. Such data will only be processed where necessary to represent you or advise on your claim.
Retention
Your personal data will be retained for no longer than necessary and, where possible, anonymised. In general, records relating to cases are retained for at least six years to comply with professional obligations under the Bar Code of Conduct and tax record-keeping obligations.
Once your case has concluded and any fees have been paid, only the personal data necessary for regulatory compliance, conflict checking, defence of complaints or fee disputes, and reference in future similar cases will be retained.
Your rights
You may request confirmation that your personal data is being processed, request a copy of that data, request rectification of inaccurate data, object to certain processing, request restriction of processing, or request erasure where the GDPR permits it. Where processing is based on consent, you may withdraw that consent at any time, although doing so may mean Kye can no longer provide the legal services requested.
Security
Appropriate physical and technical measures are taken to safeguard your personal data and prevent unauthorised access, accidental loss, misuse or disclosure.
Complaints or queries
If you have any questions about this privacy notice, or how your personal data is used, please email clerking@thebarristergroup.co.uk or the clerks at clerking@thebarristergroup.co.uk, or call 01823 247 247.
You also have the right to complain to the Information Commissioner's Office (ICO). Further information is available at ico.org.uk/global/contact-us/.
Work with Kye
Send us your details and a member of the clerking team will be in touch. Or call us now on 01823 247 247.