1976 - 1989 Brighton & Hove High School
1990 - 1993 Nottingham University (BA (Law) 2:1)
1993 - 1994 Research Assistant at the Law Commission

2007            Appointed Treasury Counsel (B panel)

Email: dpowell@3serjeantsinn.com

Debra has significant experience of public law issues both as an advocate and in an advisory capacity.  She has been a member of the Attorney General’s panel of civil advocates since 2007, acting in inquests, clinical negligence and personal injury cases and advising in relation to issues such as police pensions and public sector pensions abatement.

Judicial review
Debra’s judicial review practice has covered subjects as diverse as police pensions, particularly ill-health and injury awards, police misconduct investigations and disciplinary hearings, the operation of organ transplant waiting lists, the operation of the police service’s 30+ scheme, the search and seizure of documents from solicitors’ offices, disclosure pursuant to Criminal Records Bureau checks, and the application of conditions to animal rights protests. 

Inquests and Inquiries
Debra is a specialist in inquest law and is co-editor of the Inquest Law Reports.  She acts for families, doctors, public and private healthcare bodies, and the police and prison services and has appeared in many Article 2 inquiries, in particular those arising out of deaths in custody or whilst under psychiatric care in hospital or the community.

 
Debra represented an interested party at the Public Inquiry into Paediatric Cardiac Surgery at Bristol Royal Infirmary, and also appeared at the Dr Shipman Public Inquiry.

Court of Protection
Debra has extensive experience of appearing in both medical treatment and social welfare cases in respect of incapable adults and minors in the Court of Protection and the Family Division of the High Court, many of them involving urgent decisions.  She is regularly instructed by statutory and private healthcare providers, the Official Solicitor, families and patients and has represented local authorities in welfare cases.  She has particular experience of and interest in cases involving religious considerations and/or HIV.

Mental Health
Debra has acted and advised in a wide range of mental health related cases, including judicial review, mental health review tribunals (now first tier tribunals), displacement of nearest relative applications, civil claims for false imprisonment following detention under the Mental Health Act.  She has also advised the police service on its interactions with mentally disordered offenders and members of the public.

Yarnell (2010): represented prison doctor at inquest into death of a prisoner due to hospital’s over-prescription and supply of oral chemotherapy medication

Vines (2010): represented statutory health bodies at inquest into death of elderly resident in care home where issues of regulation were raised

McManus (2009): represented the Prison Service and Youth Justice Board in 9 week inquest into death of 15 year old at Young Offenders’ Institution

Re T (2007) HCJFD: represented young person aged 17 years 10 months refusing blood transfusion because of religious beliefs.  The Court declared that the treatment would be lawful in an imminently life threatening situation, in spite of the proximity to the patient’s 18th birthday

Campbell (2006): represented the family of a woman who died as a result of failings in out of hours’ GP care, resulting in a Direction from the Secretary of State for Health to all PCT’s to review their arrangements for the transfer of information between clinicians to ensure patient safety and continuity of care

An NHS Trust v D (2006) HCJFD: represented Trust in securing an order allowing performance of an orchidectomy in respect of a young man with schizophrenia and testicular cancer who was refusing all treatment.  Issue over entry into home and use of restraint.

An NHS Trust v (1) A (An Adult, represented by the Official Solicitor as Litigation Friend; (2) SA [2005] EWCA (Civ) 1145, [2006] LS Law Medical 29: proposed withdrawal of intensive care treatment against family’s wishes and religious beliefs; applying Art 2 ECHR, whether judge entitled to reject evidence of family’s medical expert that patient had a realistic prospect of recovery, whether Bolam test applicable.

R (Sussex Police Authority) v Cooling and French (interested party) [2004] EWHC 1920 (Admin) (pensions: an officer’s unsuccessful attempts to return to work following a period of suspension were not time spent on duty, and he was not entitled to an injury award)

R (Sussex Police Authority) v Dr Beck [2003] EWHC 1361 (Admin) (pensions: if an officer`s infirmity of mind or body renders him unable to work for a particular police force, he will not be disabled within the meaning of the Regulations if he is able to perform the ordinary duties of a police officer in another police force).

Clinch v Dorset Police Authority [2003] EWHC 161 (Admin) (pensions: depression caused by disappointment at repeated failure to obtain promotion not an injury duty; where a police authority is considering whether to award a policeman’s injury award it must refer the statutory questions to a doctor and may not decide issues of fact or law itself).

Jennings v Chief Constable of Humberside Police [2002] EWHC 3064 (Admin) (pensions: minor injury on duty causing acceleration of onset of symptoms but no aggravation of pre-existing disabling back condition – not entitled to policeman’s injury award).

Roylance v General Medical Council [1999] Lloyd’s Rep Med 139: Privy Council, serious professional misconduct: chief executive of NHS Trust; alleged bias of disciplinary panel chairman

Medical Treatment Decision and the Law, Bloomsbury, 2010, 2nd ed. chapter on Religious Objections to Treatment

Inquest Law Reports, co-editor, 2005 to present

The Mental Health Act 1983 Explained (2001) Dolan B and Powell D, Stationery Office London (2nd ed.)

2010: A clinician’s guide to inquests - Debra gave this talk to psychiatrists at Rampton Special Hospital

2009: Inquests, a Practical Guide - lecture at Middle Temple

2009: An introduction to the Mental Health Act 1983 - presentation to Berrymans solicitors

2009: Police Pensions Regulations, issues arising out of ill-health and injury - Debra delivered a full day’s training to Gloucestershire Police

Administrative Law Bar Association (ALBA)

Professional Negligence Bar Association (PNBA)