Eliza Fleming

• Civil Liberties - My work includes a wide range of civil liberties matters, particularly claims against public bodies such as the police and local authorities. I regularly act in cases under the Human Rights Act 1998, including claims brought on behalf of individuals who lack capacity. These matters often concern unlawful deprivation of liberty and unlawful interference with the right to family life. I am also instructed to make complaints against police forces.
• Inquests - I represent bereaved families at inquests where a death has occurred in state custody or as a result of the state’s failure to protect life. This includes guiding families through the inquest process and, where appropriate, advising on and pursuing subsequent civil claims for damages.
• Court of Protection - I have experience in Court of Protection work for people that lack capacity to make their own decisions on health and welfare-based issues. This includes where there is a dispute about what is in someone’s best interests, and cases involving a deprivation of liberty. I am able to give general advice on these matters and represent clients in Court of Protection proceedings. I am regularly by both the Official Solicitor and lay clients such as family members. I represent family members in cases concerning serious medical treatment, including disputes relating to the withdrawal of life sustaining treatment.
• Health and Welfare Deputyships - I advise on the merits of, and make applications for, health and welfare deputyships, supporting clients and families through the application process in the Court of Protection.

What do you like about working at Irwin Mitchell?

The culture of the firm represents its values and looks after its people to achieve great things.

I work amongst people with a similar work ethic and a genuine commitment to help vulnerable people access justice.

I feel motivated and supported to achieve success in my own career whilst delivering the best results for my clients.

What is the most rewarding aspect of your role?

I am fortunate to do work that genuinely changes people’s lives and seeks to address the injustices they have experienced, and for this I feel privileged.

What inspired you to get into law?

Having studied law at college and politics at university, I have always had an interest in human rights and the relationship between the state and the individual. I have always felt a calling to carry out work that follows the pursuit of justice. Having previously had a contrasting long-standing career in fashion retail, I felt I needed to follow this calling and enrolled myself in law school in my late 20s. I am now a human rights lawyer and follow the pursuit of justice every day, and can say that I have not looked back since.

What do you do away from the office?

Outside of work, I am passionate about travel and have visited around 50 countries, with plenty more still on the list. When closer to home, I enjoy the outdoors, including mountain hiking, wild swimming, diving, yoga, dancing and surfing.

Key Highlights

• Investigating a possible action against a police force for a delay in arresting someone who was later convicted of child sexual offences
• Investigating a possible action against a police force for assault
• Investigating a possible action against a local authority for separating an elderly couple into separate care homes
• Investigating a possible action against a local authority for the unlawful deprivation of liberty of an elderly client placed in a care home instead of being returned home following a hospital stay
• Supporting an individual who did not want to live in their care home, helping them successfully move to a more suitable placement, through s21A appeal Court of Protection proceedings
• Acting for someone in the Court of Protection seeking to return home from a prolonged hospital stay after sustaining a life changing traumatic brain injury
• Acting for someone in the Court of Protection who is subject to a Forced Marriage Protection Order
• Representing the family in a serious medical treatment case involving an NHS Trust decision about whether to continue their child’s life sustaining treatment, including clinically assisted nutrition and hydration
• Representing the parents in a dispute between separated parents for the care of their adult child who lacks capacity to make decisions about family contact themselves
• Making a deputyship application for a mother for her adult child with learning difficulties.

Memberships

• COPPA (Court of Protection Practitioners Association)