0370 1500 100

Helen Smith

  • 0370 1500 100


I started working at Irwin Mitchell as a paralegal in 2008 before training and qualifying with the firm. I joined the Public Law & Human Rights department in Irwin Mitchell LLP as a Solicitor in 2017.

I specialise and have experience in general public law cases and welfare cases in relation to vulnerable adults in the Court of Protection under the Mental Capacity Act relating to mental capacity, deprivation of liberty, health and welfare. I am regularly instructed by the Official Solicitor, family members, advocates and paid relevant persons representatives.

I have particular interest and my team have expertise in the following types of cases:

  • S21A challenges to a deprivation of liberty.
  • S16 best interests health and welfare applications dealing with disputes about residence, care and contact.
  • Applications concerning a person's capacity to marry and to consent to sexual relations.
  • Medical treatment disputes
  • Safeguarding vulnerable adults
  • Bringing legal challenges to unlawful care assessments and inadequate care packages for disabled children, adults and carers

I often work with highly vulnerable individuals who are suffering from conditions such as dementia, learning disabilities or brain injury. I am determined to ensure that those who are considered to have impaired decision-making capacity continue to have a 'voice' and that their wishes and feelings are upheld, where possible, and not unfairly marginalised.

I also advise on other areas of community care law, including challenges under the Care Act 2014, Children and Families Act 2014, challenges under the Human Rights Act 1998 and public law judicial review challenges.

I have a number of years' experience in working on complex, high value catastrophic injury cases and managing cases for vulnerable clients who have sustained serious injuries.

In 2016 I received the Trainee Solicitor of the Year award at the Northern Law Awards.

Client Testimonials

“Thank you for all the work you put into securing a return home for mum. Your efforts have reassured me that the legal system can and does work to safeguard and  protect vulnerable individuals. We both wish you all the best for the future and hope you have many more successes.” – Peter Smith

“We are pleased that the case has been resolved correctly. In no small measure to your efforts and for that you have our gratitude. By the time I got to you with the case I was tearing out what little hair I have left... Thank you so much for your work Helen.” – Mr J

“I am most grateful for your consistently clear and professional communication during what has been a nightmare scenario for some considerable time, and thankfully has now ended.” – Mrs F

“Thank you for all your support and guidance in this matter. Your attentiveness has been very much appreciated.” – Mrs G

What Inspired You To Get Into Law?

I am committed to being able to use my expertise to protect the rights of those most vulnerable in society and to ensure that they have a voice which is heard. I am very fortunate to work within a team which puts the client at the centre of all that we do and which is able to address wider policy challenges which affect the lives of our most vulnerable clients.

I wanted to work in a team which is frequently at the forefront of challenging and developing the law; the Public Law & Human Rights department certainly ticks that box.

What Is The Most Rewarding Aspect Of Your Role?

The most rewarding aspect of my role is being able to achieve an outcome which benefits my client. The clients I act for are often experiencing extremely difficult circumstances and can be very anxious about decisions which are being made which have a significant impact on their lives.

As a solicitor, to be able to provide reassurance, guidance and to achieve a positive outcome for my clients in these circumstances is an aspect of my job which provides great satisfaction to me.

What Do You Like About Working At Irwin Mitchell?

I am very fortunate to work with a team of equally committed, hard-working people who are all dedicated to protecting and promoting our clients’ rights. In my previous role at the firm, I worked within our Serious Injuries team and acted on behalf of clients who had sustained catastrophic brain and spinal injuries to access rehabilitation and to regain the best possible quality of life.

The firm stands out in that we are able to call on colleagues within other departments for their expertise so as to ensure that the client receives the best possible service.

What Do You Do Away From The Office?

Away from work, I am a Trustee of the Northern Neurological Alliance, a charity which campaigns to improve the lives of people living with and affected by neurological conditions.

I am also an avid football fan and hold a season ticket to Sunderland AFC. Sadly, my Newcastle colleagues enjoy this more than I do at present.

Read My Comments On The Latest News

  • 26/07/2019
    Friarage Hospital High Court Legal Challenge Stopped After Health Bosses Agree to ‘Formal Public Consultation’

    “While we appreciate that the NHS is facing many challenges, our clients have said all along that those directly affected by the suspension of A&E services at The Friarage had not been properly consulted. “We welcome this agreement and the Health Trust’s pledge to keep reviewing the re-opening the A&E department at the Friarage Hospital, something which our clients’ were always concerned about. “It is now vital that the CCG carries out a full and transparent consultation, with an open mind on all the options including reinstating the A & E and other services at the Friarage, allowing residents to have the opportunity to fully take part in the decision making process.”

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  • 11/06/2019
    Green Light For High Court Legal Challenge Against Friarage Hospital A&E Suspension

    “Our clients have long-held concerns regarding the suspension of A&E services at The Friarage and we strongly believe that the process used to come to such conclusions should be reviewed. “There are a host of extremely worrying factors regarding this move, particularly in how it may have a major impact across the region as a whole. While we appreciate the NHS is facing difficult challenges at present, it is vital that any decisions are always made with the best interests of patients in mind and there is appropriate consultation with the public and other stakeholders. “Our clients does not want be in this position but feel that they have little option because of how they feel the Trust and CCG have made these changes to hospital services without appreciating the full impact. “It is welcome that the judicial review will proceed and we are determined to work with our clients to ensure that their voices are heard on this very serious matter.”

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  • 31/05/2019
    CPS Apologises To Family Of Sunderland Man Frazer Golden After Unlawfully Dropping Criminal Charges

    “More than two years on from the collision Frazer’s family are still struggling to come to terms with his unexpected death. All they wanted was for the courts to examine the circumstances surrounding how he died, providing answers to their many questions. “The decision taken by the regional office of the CPS means they will not have the opportunity to have their questions answered and this has just added to the heartbreak and pain they continue to experience. They feel a strong sense of frustration which has been compounded by the fact that the regional office of the CPS had no authority to act in the way that it did. “While nothing can make up for what has happened we are pleased that the CPS had admitted its errors and apologised to the family. “It is now vital that lessons are learned from this case and, where appropriate, staff receive the necessary training to prevent a repeat of such an incident. “We will continue to support Frazer’s family at this extremely distressing time to help them come to terms with what has happened the best they can.”

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  • 05/04/2019
    High Court Legal Battle Launched To Save Friarage Hospital Northallerton A&E

    “The group is extremely worried by recent events related to The Friarage and after looking into its concerns we consider that there is clear merit in the decision-making process regarding the suspension to be reviewed. “This issue goes beyond the pure health services on offer in Northallerton, as the suspension would undoubtedly affect Ambulance services, other local hospitals and the rural communities in a number of different ways. There has been no formal public consultation. With this in mind, our client’s believe there is a need to re instate the hospital services and revisit the original decision. “We appreciate that the NHS faces difficult challenges, but it is clear that any decision on the future of services must always put the best interests of patients first and follow a fair process.”

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