India Flanagan has a busy and growing practice primarily in the Court of Protection and health and social care, but also accepts instructions in a wide range of other areas, including licensing and housing.
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’.
India regularly receives repeat instructions, and 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 is a regular tutor at Lincoln’s Inn’s students’ residential weekends. 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 practises in a wide range of areas in Court of Protection work, including health and welfare, and property and affairs.
India regularly acts on behalf of Local Authorities in section 16 and 21A proceedings brought under the Mental Capacity Act 2005, which concern deprivations of liberty, and issues in section 16 proceedings, involving residency, care and contact. Her cases concern adults and children transitioning into adult social care.
She advises Local Authorities on a broad range of issues, including capacity evidence, care and support plans, restraint plans, application documents, and advising on and drafting interim, disclosure and final orders.
India accepts instructions in a range of property and affairs matters, and has acted recently in relation to a contested deputyship application.
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.
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 authorities’ duties owed under the Children Act 1989, as well as the leaving care provisions and age assessments.
- Licensing
India welcomes instructions in all areas of licensing, including taxis, premises, gambling, and street trading. India has successfully acted in taxi licensing appeals, concerning decisions in respect of a revocations of private hire drivers’ licences.
India finds her background in criminal law an invaluable advantage in relation to robust witness handling and legal argument.
- Information Law
India welcomes instructions in respect of all areas of information law, including Freedom of Information, data protection, and the Environmental Information Regulations.
- Housing
India has experience advising and acting for landlords in possession proceedings, and defending in Environmental Protection Act 1990 claims. For EPA 1990 claims, India considers her previous criminal experience to be beneficial, in respect of the criminal law procedure and witness handling.
She welcomes instructions in a range of housing matters, including homelessness, disrepair, anti-social behaviour, and duties under the Equality Act 2010.
- Property
India welcomes instruction in property law, including proceedings concerning breach of covenants/conditions, service charge and leasehold disputes. India gained experience in this area during her pupillage at her previous Chambers.