India Flanagan

Call: 2018

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India Flanagan
Daniel Gatt, Senior Practice Manager
> People > Barristers > India Flanagan

India Flanagan is ranked as a ‘Rising Star’ in the Legal 500, for Court of Protection (Health and Welfare). She has a busy and growing practice primarily in the Court of Protection and health and social care.

India has been commended by Judges for being ‘thoroughly professional and capable’, ‘very experienced’, making ‘sensible’, ‘cogent’, ‘focused’ and ‘logical’ arguments, as well as being ‘persuasive’, ‘articulate, structured and effective in her submissions’.

Regularly received repeat instructions, India is noted for her dedication to her cases, as well as quickly establishing a good rapport with her clients. Instructing solicitors have acknowledged her ‘sensitive’, ‘conscientious’, ‘proactive’ and ‘personable’ approach, ‘impeccable work’, ‘extremely thorough’ preparation, forensic attention to detail, being an ‘exceptional advocate’, acting ‘in a way which is far beyond her call’,  and that ‘she truly cares about the client and their interests’.

India previously practised at a different chambers in London, where she had a common law practice, primarily in criminal, family, and general civil law. She draws on her advocacy, analytical and drafting skills gained during her common law practice, and applies her constructive and sensitive approach to her caseload.

Outside of practice, India enjoys contributing to Lincoln’s Inn, and has tutored at student events run by Lincoln’s Inn. She has been noted by a Bencher of Lincoln’s Inn, to have ‘demonstrated a real commitment to the wider role of members of the Bar’.

Expertise

  • Court of Protection

    India has a busy practice in Court of Protection, and practises in a wide range of areas, including health and welfare, and property and affairs. She has acted in proceedings up to and including the High Court, and has appeared against King’s Counsel.

    India predominantly represents Local Authorities. She has extensive experience making and resisting COP applications, both in relation to section 16 and 21A proceedings brought under the Mental Capacity Act 2005. Her cases concern adults and children transitioning into adult social care. She advises Local Authorities at all stages of Court Protection proceedings, and in relation to a broad range of issues, including capacity evidence, care and support plans, restraint plans, application documents, advising on and drafting interim, disclosure and final orders.

    India has been noted for her conscientious and diligent approach in her Court of Protection work, and has been commended for her clarity in written submissions, and ability to grasp the salient issues of a case, when instructed on an urgent basis.

    In the Legal 500, India is noted as being ‘very thorough, detail-oriented and prepares meticulously for hearings. Her strengths include attention to detail, being approachable and ensuring that the client’s position is well articulated when preparing position statements and advocacy at court’.

    To date, her caseload has included proceedings, which concern the following issues:

    • Serious Medical Treatment proceedings in the High Court;
    • Court of Protection Health and Welfare proceedings in the High Court, which concern closed material and injunctions to facilitate engagement with public bodies;
    • Proceedings which involve allegations of forced marriage, and injunctions to prevent family members from removing a vulnerable person from the jurisdiction, or taking steps to arrange for the vulnerable person to marry;
    • Cases which involve the use of TZ-style care plans (where P has capacity to engage in sexual relations, but lacks capacity to make decisions in relation to contact);
    • Capacity in relation to several domains, including capacity to engage in sexual relations; marry; consent to medical treatment; contact; social media and/or internet;
    • Cases which concern conflicting capacity domains (for example if P has capacity to make decisions in relation to care and support, but lacks capacity in relation to residence);
    • Proceedings involving hoarding, and which have parallel possession proceedings;
    • Matters which necessitate the instruction of independent experts and/or independent social workers;
    • Proceedings in the Inherent Jurisdiction of the High Court.

    India also accepts instructions in a range of property and affairs matters, including in relation to contested deputyship applications.

    Given her background in family law, India is also interested in the interface between the Court of Protection and the Family Court.

     

  • Health and Social Care

    India welcomes instructions in community care, and a range of Mental Health matters. She has acted on behalf of the Local Authority in proceedings concerning the displacement of the Nearest Relative.

    She is particularly interested in proceedings concerning children transitioning into adult social care, local authority’s duties owed under the Children Act 1989, as well as the leaving care provisions and age assessments.

  • Housing

    India has experience advising and acting for landlords including in relation to possession proceedings, and cases which concern anti-social behaviour, disrepair claims, and duties under the Equality Act 2010, and the Environmental Protection Act 1990.

India is very thorough, detail-oriented and prepares meticulously for hearings.

Legal 500 (2025)

About India

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