Barrister Profile
Gillian Irving KC practises in public children law, private children law and public inquiries.
Gillian Irving KC also practises from 15 Winckley Square Chambers in Preston and Broadway House Chambers, Leeds.
Expertise
Family: Care & Children
Public Law / Care and Adoption Proceedings
Gillian Irving KC represents local authorities, parents and extended families, and children in the public law arena. She has extensive experience in complex and high-profile High Court children’s cases involving:
- The death and catastrophic non-accidental injuries to a child.
- Non-Accidental head injury and allegations of shaking.
- Fabricated and Induced illness including poisoning, equipment interference.
- Sexual abuse of children, historic, intergenerational, inter sibling.
- Radicalisation cases.
- Many of the cases involve the cross-examination of vulnerable adults or children and involve concurrent criminal proceedings.
Cases where the issues include arguments surrounding community care provision and entitlement for children in need.
Private Law Children: Contact and Residence disputes under the Children Act 1989
Gillian Irving KC represents parents and extended families in Complex private law proceedings involving allegations of physical and emotional neglect, impact of parental mental illness on parenting, allegations of physical and sexual abuse, relocation, contact disputes and change of child’s place of residence.
Personal Injury & Clinical Negligence
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 diagnosis.
She represented the Chief Constable of Greater Manchester Police in an Inquiry into the murder of child ‘X’; the perpetrator suffered 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.
In 2017 she represented the mother of Poppi Worthington in the high-profile inquest into the child’s death.
Cases of note
- Re G (Finding of Fact Hearing: Resuscitative Shake) [2022] EWFC B6 (21 January 2022)
- Lancashire County Council v E & F [2020] EWHC 182 (Fam) (04 February 2020) https://www.bailii.org/ew/cases/EWHC/Fam/2020/182.html
- A Metropolitan District Council v M & Ors [2019] EWFC 15 (08 March 2019)
- GD & BD (Children) (Rev 1) [2016] EWHC 3312 (Fam)
- F v Cumbria County Council and M (Fact Finding) (Number 2) [2016] EWHC 14(Fam)
- Cumbria County Council v M and Ors [2015] 918 (Fam)
- F v Cumbria County Council & Anor (No 6) (Publicity) [2015] EWHC 3228
- Cumbria County Council V M & Ors [2014] EWHC 4486 (11/7/2014)
- Cumbria County Council v M and F [2014] EWHC 2596 (28/7/2014)
- Cumbria County Council v M & Ors [2014] EWHC 4485 (18/12/2014)
- J, A, M and X (Children) [2013] EWHC 4648
- Re X (A child) [2011] EWHC 430
- G v E & Others [2010] EWHC 621
- G v E & Others [2010] EWHC 2512
- Greater Manchester Chief Constable v KI & Anor (Children) & Ors [2007] EWHC 1837 (Fam)
- C v Bury MBC [2002] 2 FLR 868
- A Metropolitan Borough Council v DB [1997] 1 FLR 767
- R v Devon County Council ex-parte O (Adoption) [1997] 2 FLR 388
- Stockport MBC v D [1995] 1 FLR 873
- Manchester City Council v S [1991] 2 FLR 370
COURT OF APPEAL (Civil Division)
- Re S and H-S (children) [2018] EWCA Civ 1282
- Re W (children) [2016] EWCA Civ 113
- Re P (A Child) [2015] EWCA Civ 170
- CM V Blackburn with Darwen Borough Council. [2014] EWCA Civ 1479
- G v E & Others [2010] EWCA Civ 822
- CJ v Flintshire Borough Council [2010] EWCA Civ 393
- Re CH (Care or Interim Care Order) [1998] 1 FLR 402
- Re B (Care and Supervision Order: Assessment) [1996] 2 FLR 708
- Re C (Interim Care Order: Assessment) [1996] 2 FLR 708
SUPREME COURT
- Re L & B (Children) [2013] UKSC 8
- Re C (Interim care order: Residential Assessment) [1996] UKHL4
UPPER TRIBUNAL
- MD v Mersey Care NHS Trust [2013] UKUT 127 (AAC)
- MD v Nottinghamshire Health Care NHS Trust (Rev 1) [2010] UKUT 59 (AAC)
INQUIRIES
- The Inquiry into the Personality Disorder Unit at Ashworth Special Hospital 1996–1997
- The Inquiry into the death of child ‘X’ 2005/2006