Eliza Sharron

Eliza regularly represents individuals lacking capacity (either through the Official Solicitor or alternative litigation friends), family members, Local Authorities and health bodies In Court of Protection health and welfare cases, which range from disputes over capacity, residence and care, deprivation of liberty, to serious medical treatment cases and cases where there is an overlap between the Family Court and the Court of Protection. Eliza regularly advises and acts in associated Human Rights Act claims arising out of the above. In addition, Eliza also undertakes property and affairs work which is informed by a background in matrimonial finance and cohabitation law.

Significant Reported Cases:

PC & NC v A Local Authority [2013] EWCA Civ 478 (Court of Appeal) (Eliza Sharron was led by Jonathan Butler)

Eliza undertakes all aspects of property and affairs work, from retrospective capacity hearings to applications for statutory wills, contested deputyship applications, and applications to object to or revoke lasting and enduring powers of attorney.

Eliza has experience in cases involving the International Protection of Adults in cross-border property and affairs disputes, which engage section 63 and Schedule 3 Mental Capacity Act 2005.

Eliza is a Court of Protection specialist and undertakes a substantial amount of work where there are mixed welfare and property and affairs issues. Eliza also  has specialist public law expertise in the Care Act 2014 (and associated regulations) which is invaluable in many cases, where there are issues relating to social care charging, and deprivation of assets, that fall to be considered as part of the proceedings.

Eliza regularly accepts instructions from the Office of the Public Guardian, the Official Solicitor, local authorities whose safeguarding duties are engaged, as well as deputies, attorneys and family members of the protected party.

Eliza regularly advises and acts in community care law matters with a focus on health and social care and Local Authority obligations towards young people. Eliza has a background in public law children work and has a detailed knowledge of Local Authority obligations towards disabled children, children at risk and young people leaving care.

Eliza recently contributed to the publication of the 3rd Edition of the widely used Community Care Law and Local Authority Handbook, namely, Chapter 5 (which provides a comprehensive guide to Local Authority obligations towards young people and disabled children) in light of the changes brought in by the Care Act 2014.

Eliza undertakes inquest work where individuals have died whilst in state custody either under the Mental Health Act 1983, or when detained under the Deprivation of Liberty Safeguards.

Eliza also acts in cases where there are issues regarding the safeguarding of vulnerable children and adults, and where there are claims that breaches of statutory obligations towards a child/adult with social care needs has caused or contributed to that person’s death.

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, Eliza 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.