He has a brilliant brain with deep and impressive knowledge, and he explains complex legal issues and develops arguments clearly- Chambers and Partners
Tom Royston specialises in social welfare law. He has a strong appellate practice, having appeared nine times in the UK Supreme Court. Most of his work is in the Court of Protection, Administrative Court and tribunals.
Tom has won a Legal Aid Lawyer of the Year award and also been a Times Lawyer of the Week. He has been listed for some years in band 1 of both the Chambers and Partners and Legal 500 directories and is on the A panel of the Equality and Human Rights Commission’s counsel list.
Tom is often instructed in test cases about systemic problems with how the state treats individuals. Cases in which he has acted have established that:
Before coming to the Bar in 2012, Tom worked in the Citizens Advice Bureau and a law centre, and as a primary school teacher. He was the UK Consumer Campaigner of the Year 2009. He established the Yorkshire Tribunal Advocacy Project, providing pro bono representation in social security tribunals.
“He is great with vulnerable clients.” – The Legal 500.
In the Court of Protection, Tom is frequently instructed in deprivation of liberty and welfare cases, especially where there are difficult issues about challenges to care assessments, medical treatment plans, or accommodation arrangements. Tom most commonly acts on behalf of P (whether through the Official Solicitor, Accredited Legal Representatives, or otherwise), but is also regularly instructed by family members, public authorities, and professional deputies.
Tom’s extensive experience in the higher courts is valuable in heavy first instance cases, or appeals. He regularly appears unled in the High Court and Court of Appeal.
Tom’s expertise in social security law is useful in cases where there are side issues about whether claimants are receiving the appropriate benefits.
Tom also specialises in public law challenges to a range of procedural community care law issues, for example charging, delay, and failure to assess need.
“He is great with vulnerable clients.” – The Legal 500.
In the Court of Protection, Tom is frequently instructed in deprivation of liberty and welfare cases, especially where there are difficult issues about challenges to care assessments, medical treatment plans, or accommodation arrangements. Tom most commonly acts on behalf of P (whether through the Official Solicitor, Accredited Legal Representatives, or otherwise), but is also regularly instructed by family members, public authorities, and professional deputies.
Tom’s extensive experience in the higher courts is valuable in heavy first instance cases, or appeals. He regularly appears unled in the High Court and Court of Appeal.
Tom’s expertise in social security law is useful in cases where there are side issues about whether claimants are receiving the appropriate benefits.
Tom also specialises in public law challenges to a range of procedural community care law issues, for example charging, delay, and failure to assess need.
Tom works hard to find practical and creative solutions in disputes between people and the state, especially when the odds seem stacked against his client.
His main field is social security, in which he has appeared in a large proportion of the most significant cases litigated in the UK in recent years. He has acted in successful public law challenges across a very broad range of work, including education, housing, pensions, security vetting, statutory complaints procedures, council tax, social care and immigration.
Tom joined the editorial team of the annual annotated Social Security Legislation volumes in 2021. He has been a contributing author to several other successful practitioners’ books. He is ranked in Tier 1 of The Legal 500 directory and the Chambers and Partners directory for his public law expertise.
The 2024 Legal 500 directory stated: “Tom is truly excellent and the foremost claimant social security counsel at the junior Bar. He has encyclopaedic knowledge of benefits law and deploys it effectively in litigation, including cases of significance to many people.”
Tom has acted in housing and homelessness work throughout his career, from the county court to the Supreme Court. His reported cases in this area span a range of issues, from intentional homelessness, to unlawful eviction, to tenancy deposit law, to eligibility for homelessness assistance.
He has particular expertise with cases raising disability discrimination defences and counterclaims, and problems arising out of capacity issues or a crossover between community care and housing law, where he is often instructed by the Official Solicitor.
Tom’s expertise in social security law often proves invaluable in tackling cases where there are substantial rent arrears.
Tom is ranked in Tier 1 of the Legal 500 directory for his housing law expertise.
Tom brings his expertise in discrimination law to a broad range of cases: housing, immigration, goods and services, education and public functions. He has a particular interest in discrimination claims against public authorities in the county court. He enjoys litigation but is also experienced in bringing cases to successful conclusion through negotiation or mediation.
Tom is on the Equality and Human Rights Commission’s A panel. He has published a series of articles on discrimination law in both practitioners’ and peer-reviewed academic journals.
Tom has appeared extensively in the First-tier Tribunal, Upper Tribunal and High Court and has also acted in test cases on immigration law in both the Supreme Court and CJEU. He has particular interest in cases involving children and family life, or claimants whose health would be affected by removal from the UK.
Tom is ranked in Tier 1 of the Legal 500 directory for his immigration and asylum law expertise. He is a contributing author to the 2023 LAG migrants’ rights handbook.
Approximately 80 of Tom’s cases are reported on the Bailii caselaw website at this link.
Tom has since 2021 been one of the authors of the annual annotated Social Security Legislation volumes (Sweet & Maxwell), the definitive reference work on the law of social security.
Tom’s other publications include:
‘Motives matter – a public body must, when consulting, be candid about its motives’ [March 2025] Legal Action 28.
Consultant editor, Halsbury’s Laws of England – Welfare Benefits and State Pensions (LexisNexis, 2024).
Contributing author, Migrant support handbook (LAG, 2023).
‘Unacceptable in its effect and capricious in its application”: letting the light in on the antitest case rule’ [2021] Journal of Social Security Law 28(3), 200.
Contributing author, Justice Matters (LAG, 2020); Legal Aid Matters (LAG, 2019).
‘Use it or lose it – welfare benefits’ [October 2015] Legal Action 19.
‘Obtaining exceptional funding under LASPO’ [August 2014] Family Law.
‘How to expedite a social security appeal’ (2013) 235 CPAG Welfare Rights Bulletin 9.
‘Making the polluter pay – costs in tribunal litigation’ (2012) 7496 New Law Journal 47.
‘Treating volunteers as “members of an association” and the implications for English discrimination law’ (2012) 12 International Journal of Discrimination and the Law 5.
‘From nought to support: setting up a volunteer-based tribunal advocacy scheme’ (2012) 154 Adviser 10.
‘Agency workers and discrimination law: Muschett v HM Prison Service’ (2011) 40 Industrial Law Journal 92.
Tom’s privacy notice is here.
Our mailing list is dedicated to professionals with an interest in our work.
