Gillian Irving QC

APPOINTMENTS

Part-time Chairman of the Care Standards Tribunal Part-time Legal President of the Mental Health Review Tribunal

SPECIALIST AREAS OF PRACTICE

• All aspects of Child Care Law and adoption 
• Court of Protection applications 
• Mental Health Review Tribunals 
• Declatory relief proceedings, wardship and proceedings involving the Courts use of its inherent jurisdiction 
• Abduction 
• Inquiries - public and private 

AREAS OF PRACTICE

Gillian Irving began her career at the Bar practising in the field of personal injury and industrial disease. She subsequently went on to apply her interest in and knowledge of medical issues to the child care arena. She has now gained over 20 years experience in cases involving allegations of non-accidental injury, fabricated illness, failure to thrive, neglect and sexual abuse. She appears for both Local Authorities and parents. She has appeared at all levels including the House of Lords where she appeared on behalf of the mother in the case of Re C, in which their Lordships clarifi ed the obligations of a Local Authority to assess a parent pursuant to Section 38(6) of the 1989 Act. Stockport MBC v D was one of the earliest reported cases dealing with threshold criteria and in that case Miss Irving appeared on behalf of the Local Authority. In the case of C v Bury MBC Miss Irving succeeded on behalf of the Local Authority in defeating arguments which maintained that the Authority had acted in a way which was incompatible with the mother’s human rights. This case established the procedure to be adopted in cases where a breach of the Human Rights Act is alleged. 

Prior to being called to the Bar, Miss Irving worked for solicitors specialising in mental health law. She regularly attended upon patients detained at Rampton Special Hospital and gained experience of the Tribunal system and knowledge of the variety of mental disorders and their treatment. She has an enthusiasm for cases involving a mental health element and has a strong personal commitment to ensuring that those under a disability have their rights fully recognised and met. She regularly advises Local Authorities and individuals as to their duties, rights and obligations both under the Mental Health Act and under the Community Care legislation. 

Her dual experience in both the field of child protection and mental health has seen Miss Irving appointed in both public and private Inquiries. In 1996/1997 she was appointed to represent the patients detained on the Personality Disorder Unit at Ashworth Special Hospital in the second Public Inquiry which related to the security of that Hospital and the treatment of psychopathic disorder. Not only did this necessitate her analysing, digesting and organising vast quantities of documentary material but she sought information and advice from other Hospitals around the country involved in the treatment of those with psychopathic disorder. More recently, she has represented the Chief Constable of Greater Manchester Police in an Inquiry into the murder of child ‘X’; the perpetrator suff ered from mental health problems. The Inquiry was convened under Section 34 of the NHS Executive Health Service Guidelines (94) 27. It looked not only at the circumstances surrounding the murder of the child but explored the roles of a variety of agencies and particularly those involved in the care and treatment of the perpetrator. 

Miss Irving’s combined knowledge and experience of family law and mental health/medical issues and her enthusiasm for the investigation of the same has resulted in her instruction in declaratory relief and wardship proceedings both for Hospital Trusts, local authorities, families and the Official Solicitor.

NOTABLE CASES

YEAR OF CALL
1984, Inner Temple

EDUCATION
BA (Hons) Law 2.2

QUEEN'S COUNSEL
2006

ASSOCIATIONS
Family Law Bar Association
Bar Pro Bono Association

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Family CV