Katy Clarke

I represent individuals and their families in cases where disputes arise over capacity or best interests, including deprivation of liberty (S.21A) challenges. I act on behalf of the Official Solicitor, Independent Mental Capacity Advocates (‘IMCAs’) and family members in Court of Protection cases and advise on the principles and application of the Mental Capacity Act.

I also represent individuals in Judicial Review cases and advise on the duties of local authorities and healthcare providers to carry out assessments and provide care, support and treatment. I acted for the claimant in the reported case of Basma v Manchester University Hospitals NHS Foundation Trust & Anor [2021] EWCA Civ 278 which was a challenge to decisions by two doctors not to provide a young girl with a drug to treat a rare condition.  

I am passionate about access to justice and was previously a committee member of Young Legal Aid Lawyers (‘YLAL’) where I supported on campaigns and contributed to YLAL’s response to the Ministry of Justice Post-Implementation Review of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.  

In July 2020, I was a finalist for the Legal Aid Practitioners Group's Legal Aid Lawyer of the Year Award, in the mental capacity category.

Recently, I have led on a project to set up a community care pro bono clinic in partnership with a local law centre. This clinic provides free legal advice on community care law issues and will directly support the local community.  

In 2025, I was named as a “key lawyer” in the Legal 500.  

What inspired you to get into law?

I have always loved writing, reading, and problem solving - and I wanted to do something that would make a positive difference to people’s lives in some way.  

What is the most rewarding aspect of your role?

Being able to offer support to individuals and their families when they need it most.  

What do you like about working at Irwin Mitchell?

I am proud to work with such talented, caring and hard-working colleagues who are all doing such important work.  

What do you do away from the office?

I love music and going to gigs. I also love any opportunity to be creative. Most of all I love spending time with my family and having adventures together.  

Testimonials

"I’ve had the pleasure of working with an amazing team at Irwin Mitchell. They are approachable, friendly and hard working. They will strive to get you the best outcome. My main point of contact was Katy Clarke. She has been completely dedicated to my case. She is meticulous and always there to ensure that everything is done right. If you are panicking or worried about something, Katy has a way of putting your mind at ease and sorting out the problems. She knows what needs to be done and won’t stop till it gets done." - 5* Trustpilot review

"I felt fully supported by Irwin Mitchell throughout the whole process. They listened with empathy and understanding to my clients needs, wishes and preferences. They ensured a very just and satisfying outcome for my client and their spouse.

"A loving older aged couple had been separated for 4 years with my client being kept in a care home against her will. Irwin Mitchell took the case and this resulted in reuniting this couple and they are living back together in their family home, and still deeply in love.

"A true success story which should be an inspiration to any advocate supporting people who have been placed in care against their will." – 5* Trustpilot review

Notable cases

Basma v Manchester University Hospitals NHS Foundation Trust & Anor [2021] EWCA Civ 278 – the Court of Appeal held that decisions made by two doctors not to provide a young girl with a drug to treat a rare condition were unlawful and irrational. The Court held that the decision-makers should take into account all the relevant evidence and not just evidence within clinical records.

Manchester City Council v LC [2018] EWCOP 30 – Mr Justice Hayden ruled that, in cases where issues arise that may require restrictions in areas where adults have capacity, these should be heard by a High Court Judge in the Court of Protection.
Elderly woman with dementia reunited with husband at home after four years in a care home.