Biography
I am a Senior Associate Solicitor in the Public Law & Human Rights department in London.
I have expertise in a broad range of public law work and specialise in the law of social care, healthcare and medical treatment, mental capacity, disability discrimination and human rights law.
My practice is particularly focussed on healthcare, medical treatment and other clinical disputes, including withdrawal of life support and other end of life care. These cases often raise issues of medical ethics and human rights and involve legal arguments relating to dignity, the right to life or the right to healthcare. I have experience of urgent and out of hours applications where rapid decisions are needed about a patient’s medical treatment.
I regularly represent Claimants in the High Court in judicial review proceedings, and have successfully challenged decisions at the level of both local and national government. Many of these cases have involved challenging cuts to public services, or access to services, particularly on behalf of vulnerable and disabled people.
I am regularly instructed by the Official Solicitor and other parties to act on behalf of vulnerable adults in the Court of Protection in relation to health and welfare matters, including deprivation of liberty and disputes about contact and residence.
What Is The Most Rewarding Aspect Of Your Role?
Whenever I succeed in helping a client to obtain the support they need from the state, or to challenge an unfair decision.
Testimonials
"Anne Marie Irwin is someone you take seriously when you are opposite her." – Chambers & Partners, 2020
"She is extremely well prepared, extremely conscientious and takes real care about the way she prepares the cases." – Chambers & Partners, 2018
"Brilliant" - Legal 500, 2018/19
She is respected for her "enormous dedication to her clients" and is said to "understand the jurisdiction, the needs of her client and how to get the best result in a very canny way." - Chambers & Partners 2016
“Dear Anne-Marie, I would like to thank you very much for the skill, care and consideration that you gave to my mother’s case and to me as my mother’s litigation friend. It is not too dramatic to say that my mother has her life back and a future thanks to Irwin Mitchell.”
Ms M, daughter of an elderly woman with dementia who I advised in relation to her residence and care
“Dear Anne-Marie, I just want to thank you for your great kindness when I needed advice….You were an island of competence, efficiency and kindness at the time, which was exactly what I needed. Many many thanks once again, and I will be recommending you to friends and colleagues.”
Ms B, daughter of a man requiring end of life care
“Irwin Mitchell have been fantastic through all of this and especially Anne-Marie who helped move G to a neuro rehab, where he is now receiving excellent care. Appreciate all your expert help and professionalism so very much.”
Ms L, partner of a man with a severe brain injury
Notable cases
- R (Conway) -v- The Secretary of State for Justice & Ors [2017] EWHC 2447 (Admin) - Acting for Noel Conway, a terminally ill man in a judicial review against the Secretary of State for Justice. Mr Conway seeks a declaration that the prohibition against assisted suicide in section 2 of the Suicide Act 1961 is incompatible with his right to a private and family life under Article 8 of the European Convention on Human Rights. The case was heard in the Court of Appeal from 1-3 May 2018 and judgment is reserved.
- R (on the application of) (1) MS C and (2) MR W -v- Secretary of State for Work and Pensions and Others [2015] EWHC 1607 (Admin) - I acted for the Claimants in this high profile judicial review in which we successfully argued that the delays experienced by claimants of Personal Independent Payments, were unlawful.
- St George’s Healthcare NHS Trust v P v Q [2015] EWCOP 42 - in which the Court of Protection concluded, in accordance with our arguments, that it was in the best interests of our client’s brother to continue to receive life sustaining treatment following a cardiac arrest and brain injury.
- KM v Northamptonshire County Council [2015] EWHC 482 (Admin) - in which the High Court held that Northamptonshire’s policy on charging for social care provision was unlawful.
- Westminster City Council v Manuela Sykes [2014] COP1238388T – I acted for the former councillor and dementia campaigner Manuela Sykes before the Court of Protection, resulting in orders that Ms Sykes be allowed to return to her own home and very unusually permitting reporting of the case in her name and publication of photographs of Ms Sykes.
- R (Gibson) v Waverley Borough Council [2012] EWHC 1472 (Admin) - I acted for the Applicant in which quashed a planning permission and listed building consent granted by Waverley Borough Council for a scheme to turn Undershaw into nine separate homes.
Publications
- Do Not Attempt to Resuscitate: The Legal Issues, nRC August 2014, vol 16, no 8
- Access to medical treatment for people with an unsettled immigration status, British Journal of Neuroscience Nursing, April/May 2012.
- Your Rights to Children’s Services, My Child and Me Magazine, March 2012
- Physician Assisted Suicide – Yogi Amin and Anne-Marie Irwin - British Journal of Neuroscience Nursing, April/May 2011
- Understanding Restraint in the Context of Law – Yogi Amin and Anne-Marie Irwin - British Journal of Neuroscience Nursing, August/September 2010
