India Flanagan

Call: 2018

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India joined Chambers in June 2023, and has a busy and growing practice in the Court of Protection.

India was previously a tenant at a common law chambers in London, where she practised in family and civil law, and previously in criminal law. She had a busy family practice, encompassing private law and public law children cases, domestic abuse matters, and financial remedy proceedings. She represented clients at all stages from advocates meetings and directions hearings to complex multi-day contested fact-finding hearings and final hearings.

India acted in cases where mental health and capacity have been central issues, and which have involved the instruction of experts to assess clients’ capacity and/or cognitive functioning, as well as the involvement of litigation friends and intermediaries.

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 received 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’.

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, COP application documents, and advising on and drafting disclosure, interim, and final orders,

    India accepts instructions in a range of property and affairs matters, and has acted on behalf of the Local Authority 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.

    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.

    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 experience acting 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.