Jess Flanagan

Jess  Flanagan Associate Solicitor

Jess is an Associate in the Private Capital team specialising in Welfare Proceedings in the Court of Protection and Community Care matters.

Jess’ expertise includes residence, care and contact disputes that may arise between private individuals and public authorities concerning an individual who lacks the mental capacity to make important welfare decisions themselves. Jess is also experienced in bringing applications under Section 21A Mental Capacity Act 2005 in connection with the Deprivation of Liberty Safeguards (DoLS) framework. The DoLS framework applies when someone is placed in a care home or hospital and cannot consent to being there themselves, due to not having the capacity to do so. A challenge can be brought in the Court of Protection by anyone connected with the person deprived of his or her liberty but in order to benefit from non means tested legal aid, the case must be brought by the individual or by their Relevant Person's Representative.

Jess is regularly instructed by family members, or to act on behalf of the person who lacks capacity by a litigation friend, including the Official Solicitor and can, if appropriate, assist in applying for legal aid should the applicant be eligible on means and on the merits of the case.

Jess has specialist knowledge of Safeguarding procedure, Community Care law and Mental Health Act 1983, including representation of detained patients in the Mental Health Review Tribunal.

Jess joined Clarke Willmott LLP in February 2013 after training and working as a Solicitor at Swain & Co Solicitors, introducing and developing Court of Protection work at that firm.

Jess is a member of Solicitors for the Elderly and is on the Committee for the South Central Regional Group.

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Articles by Author

Court authorised Deprivations of Liberty (DoL) in a post-Cheshire West world 11 AUG 2014

Court authorised Deprivations of Liberty (DoL) in a post-Cheshire West world

A change of landscape and the need for a new process On 7 August 2014, Sir James Munby,...