Eliza Sharron

Eliza specialises in complex Court of Protection health and welfare proceedings, including serious medical treatment, cross border cases, complex capacity disputes and cases where there is an overlap with the inherent jurisdiction. Eliza has a background in family law and has a special interest in cases involving the deprivation of liberty of children and young people. Eliza acts for public bodies, protected parties and family members and is sensitive to the needs of vulnerable clients. Eliza’s practice is informed and underpinned by her specialist public law expertise in healthcare, community care law and child protection.

Cases of Note

• Hull City Council v A & Ors [2021] EWCOP 60 (3762)
• BH v London Borough of Enfield [2019] EWHC COP (3763)
• PC & NC v A Local Authority [2013] EWCA Civ 478 (Court of Appeal) (3764)

Eliza undertakes Judicial Review work in relation to mental health matters, as well as cases involving ordinary residence disputes, breach of community care law duties, and the statutory duty of local authorities towards young people and their families. In particular, she regularly advises on and acts in Judicial Review matters regarding the payment of allowances for Child Arrangement Orders, Special Guardianship Orders and Fostering Allowances, and has provided detailed guidance regarding such matters in Chapter 5 of the 3rd Edition of the Community Care Law and Local Authority Handbook.

Eliza also recently contributed to Patterson & Karim on Judicial Review (Third Edition, 2019): contributed as an author to Chapter 1 – Grounds of Judicial Review.

Eliza has a background in public law proceedings under the Children Act 1989, and acts in civil /Human Rights Act claims relating to children (for example, failure to remove/delay in issuing care proceedings/unlawful use of section 20 Children Act 1989).

Eliza acts in a range of medical treatment cases including both adults and children, and has experience acting on all sides of a dispute, including taking instructions from children who are Gillick competent directly. Eliza has experience of acting in cases involving complex gastro-enterology issues, somatic disorders, amputation and other surgical interventions. Eliza also deals with a wide range of cases where adults and children are deprived of their liberty in hospital settings.

As a qualified mediator, Eliza is interested in the greater use of mediation within healthcare settings.

Eliza is available for urgent out of hours cases.

Eliza is available for urgent out of hours applications in relation to medical treatment cases and welfare applications for urgent removal, both in the Court of Protection and inherent jurisdiction of the High Court. Eliza is available for urgent applications both in resect of children and adults.

Eliza is flexible and approachable, and will make herself available to discuss matters as they develop, to consider whether an urgent application is required.

Eliza specialises in public law matters with a focus on health and social care (e.g. breach of duty under the Care Act 2014, section 117 aftercare, and the National Framework for Continuing Healthcare).

Eliza advises on ordinary residence disputes (including recovery of care fees) and has successfully taken numerous referrals to the Secretary of State for determination.

Eliza has a special interest in local authority duties towards children in/leaving care and disabled children and has provided detailed guidance regarding such matters in Chapter 5 of the 3rd Edition of the Community Care Law and Local Authority Handbook.

Eliza contributed to Patterson & Karim on Judicial Review (Third Edition, 2019): Chapter 1: Grounds of Judicial Review.

Eliza specialises in community care law matters with a focus on health and social care (e.g. breach of duty under the Care Act 2014, section 117 aftercare, and the National Framework for Continuing Healthcare).

Eliza advises on ordinary residence disputes (including recovery of care fees) and has successfully taken numerous referrals to the Secretary of State for determination.

Eliza has a special interest in local authority duties towards children in/leaving care and disabled children and has provided detailed guidance regarding such matters in Chapter 5 of the 3rd Edition of the Community Care Law and Local Authority Handbook.

Eliza contributed to Patterson & Karim on Judicial Review (Third Edition, 2019): Chapter 1: Grounds of Judicial Review.

Eliza undertakes inquest work, predominantly where individuals have died whilst in the care of the state, either in hospital, care settings or detained under the Mental Health Act 1983/Mental Capacity Act 2005. Eliza also acts in cases where there are issues regarding abuse, domestic violence and the safeguarding of vulnerable children and adults, particularly where there are claims that breaches of statutory obligations towards a child/adult have caused or contributed to that person’s death.

Eliza is a qualified ADR Group Civil and Commercial Mediator. In practice, she specialises in healthcare, community care and Court of Protection disputes (including both health and welfare and property and affairs matters). Eliza also acts as a mediator in civil disputes in this field, for example in the context of deprivation of assets or misappropriate of funds.

Eliza is widely recognised as having a thoughtful and pragmatic approach to resolving disputes, both inside and outside the court room, which she brings to her practice as a mediator.

Eliza is participating mediator in the Court of Protection Mediation Pilot Scheme.

Eliza regularly advises and acts in associated civil and human rights claims arising out of primary areas of practice, for example, unlawful detention, breach of Article 8, and personal injury arising out of failure to provide adequate care. Eliza recently acted for a protected party in a claim for unlawful deprivation of liberty, spanning over seven years.

Eliza also specialises in civil and human rights claims for breach of convention rights relating to children, for example in the context of failure to remove, unlawful removal, unlawful use of section 20 Children Act 1989, failure to consult and abuse in care.

Eliza regularly advises and acts in associated civil and human rights claims arising out of primary areas of practice, for example, unlawful detention, breach of Article 8, and personal injury arising out of failure to provide adequate care. Eliza recently acted for a protected party in a claim for unlawful deprivation of liberty, spanning over seven years.

Eliza also specialises in civil and human rights claims for breach of convention rights relating to children, for example, in the context of failure to remove, unlawful removal, unlawful use of section 20 Children Act 1989, failure to consult and abuse in care.