India Flanagan specialises in the Court of Protection, and has a busy and growing practice. She is ranked in both Chambers and Partners (Up and Coming), and the Legal 500 (Leading Junior, Band 5) for Court of Protection (Health and Welfare).
India has been described in the legal directories as being an ‘exceptionally skilled and persuasive barrister’ (Legal 500, 2026); an ‘excellent advocate’ and ‘consistently delivers clear, pragmatic and high-quality advice in complex Court of Protection matters’ (both Chambers and Partners, 2027).
India regularly receives repeat instructions, and is noted for her meticulous approach to her cases, as well as quickly establishing a good rapport with her clients.
Expertise
- Court of Protection
India has a busy practice in the Court of Protection, primarily in Health and Welfare cases. 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. 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 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.
To date, her caseload has included proceedings, which concern the following issues:
- Re AR (Whether restrictions amount to a deprivation of liberty)[2026] EWCOP 45 (T2): whether AR’s care arrangements amounted to a deprivation of liberty under the multifactorial test established in AGNI [2026] UKSC 16;
- 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 Property and Affairs matters, in the Court of Protection.
About India
- Directory Quotes
Court of Protection – “India Flanagan is an exceptional barrister who consistently delivers clear, pragmatic and high-quality advice in complex Court of Protection matters.” Chambers and Partners 2027
Court of Protection – “India is extremely thorough and has excellent attention to detail.” Chambers and Partners 2027
Court of Protection – “India Flanagan is an excellent advocate; she demonstrates careful and analytical thinking, and produces work of a consistently high standard. Her drafting is clear, thorough and persuasive, and she is always well-prepared and professional.” Chambers and Partners 2027
Court of Protection –‘Very thorough and pays attention to detail. Is not scared to ask the difficult questions to the client and to the other side. Very polite. Excellent written advocacy.’ Legal 500 2027
Court of Protection – ‘‘India is articulate and confident. She is very approachable and make the clients feel at ease. An exceptionally skilled and persuasive barrister.’ Legal 500 2026
Court of Protection – “India is 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.” Legal 500 2025
- Awards
- Lord Denning Scholarship, Lincoln’s Inn
- Sunley Scholarship, Lincoln’s Inn
- Hardwicke Entrance Scholarship Lincoln’s Inn
- Pupil Residential Scholarship, Lincoln’s Inn
- BPTC Residential Scholarship, Lincoln’s Inn
- Scholarship for Academic Excellence, City Law School
- Sir Isaac Newton Scholarship, University of Cambridge
- Trinity Hall Research Scholarship, University of Cambridge
- Scholarship for Academic Excellence, University of Kent (awarded for three consecutive years)
- Education
- Trinity Hall, University of Cambridge, MPhil Master of Philosophy, Criminology (4th in cohort)
- City Law School, BPTC, Bar Professional Training Course, (Very Competent)
- City Law School, LLM Master of Laws (Commendation)
- University of Kent, LLB Bachelor of Laws (First Class)
- Memberships
- Court of Protection Bar Association (CPBA)
- Court of Protection Practitioners’ Association (CoPPA)
- Notable cases
- Events
- Cornerstone on the Court of Protection – Annual Training Conference14 Sep 2026
- Cornerstone on the Court of Protection – Morning Conference18 Jun 2025
- CoP Masterclass #2: Navigating Closed Material, Contempt, and Inherent Jurisdiction in the Court of Protection15 Nov 2024
- CoP Masterclass #1: Hoarding and Tenancy Orders: A Deep Dive into Complex Cases21 Oct 2024
- Public Law in 2024: Practical Insights and Trends04 Jul 2024
- The Best Use of Injunctions: a webinar from Kuljit Bhogal KC, Sarah Salmon and India Flanagan15 Mar 2024
