Kirsten is recognised in Chambers and Partners and Legal 500 as a leading junior in Police Actions claimant work, Claims against Public Authorities, Civil Liberties and Human Rights, and Inquests and Public Inquiries.
Kirsten specialises in these areas and Public and Administrative law, with an emphasis on Civil Liberties and Discrimination.
Kirsten also has a specific interest in deprivation of liberty and represents vulnerable individuals in a range of proceedings before the Court of Protection. Kirsten is a Fee Paid Judge in the First Tier Tribunal and Assistant Coroner for Swansea, Neath and Port Talbot.
Inquests and Inquiries
Overview
Kirsten is recognised in Chambers and Partners as one of the leading barristers in Inquests and Public Inquiries. Kirsten has extensive experience representing bereaved families in complex inquest proceedings and specialises in prison and police-related deaths, deaths involving the emergency services, restraint deaths and police shootings, deaths of persons detained under the Mental Health Act 1983 (including by restraint), deaths of children in the care of the state, deaths of foreign nationals both detained and non-detained, clinical negligence related hospital deaths and controversial military deaths.
Kirsten frequently acts in public law challenges arising in coronial proceedings and in post-inquest civil actions. Kirsten is currently instructed in a wide range of complex inquests involving the police, mental health facilities, facilities for children with autism and learning difficulties, UK Special Forces and inquests into the deaths of women and children in the context of domestic violence and femicide.
Public Inquiries
Kirsten is currently instructed on behalf of the non-police, non-state core participants in the Undercover Policing Inquiry. Kirsten is instructed by Medical Justice in the Brook House Public Inquiry. Kirsten represents The Covid 19 Bereaved Families for Justice Cymru in the forthcoming Public Inquiry into Covid 19.
"Really experienced and astute inquest barrister; she's got very good judgement and identifies key issues quickly." "Kirsten is a very formidable advocate, who is very strong when questioning witnesses. I would instruct her in those particularly difficult cases where you know you have to go the extra mile to make your point." "She is a powerhouse - she has encyclopaedic knowledge of the law and is very tenacious and a formidable presence in court, particularly in cross-examination. Represented parties at the inquests into the deaths of 11 people, who died when a vintage fighter jet crashed at Shoreham Airport in 2015” - Chambers and Partners 2021
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Kirsten is currently instructed in a wide range of complex and controversial deaths cases involving the police, mental health facilities, facilities for children with autism and learning difficulties, and deaths involving the military.
Inquest into death of Terri Harris and her family - ‘stark’ failures by probation service led to death of family.
Inquest into the death of Ben Mcqueen during elite unit training – death contributed to by MOD failures.
Inquest into the death of Alexander Tostevin - self-inflicted death of serving member of UK Special Forces (Special Boat Service). Reported in The Guardian.
Inquest into the death of Sarah Price - neglect in a mental health detention death.
Shoreham Airshow Disaster
Kirsten Heaven is currently representing a majority of the bereaved families at the inquest into the deaths arising from the Shoreham Airshow disaster in 2015, led by Gerard Forlin QC. The inquest will look at the Civil Aviation Authority, police, Highway Agency and the pilot. The case involves complex issues of disclosure surrounding airshow investigations and prosecutions. The pre-inquest review proceedings have been widely reported in the media including the BBC here and here and please also see this press release by the solicitors Stewarts.
Claire Lilley Inquest
The inquest into the death of Claire Lilley concluded on 30 November 2020 with the jury finding there was a lack of consistent communication with her family and insufficient management of risk.
Inquests into the death of Dean George and Inquest into the death of Oliver Huxter
Both cases involved looking at systemic failure around the management of risks of suicide in HMP Swansea and the lack of equitable detoxification regimes for 0piod addiction prisoners in certain Welsh prisons. See this press release by Broudie Jackson Canter, the solicitors involved in the case.
Conner Marshall Inquest
The inquest into the death of Conner Marshall concluded on 17 January 2020 with the coroner finding Conner’s death was ‘unlawful killing’, and identifying major failings in probation services in an extensive fifty page document setting out his findings.
Jaqueline Oakes inquest involving West Midlands Police and other state agents
Janet Müller inquest
Article 2 psychiatric detention unlawful killing death with critical narrative.
Hillsborough inquest
Kirsten was instructed on the Hillsborough inquest by Birnberg Peirce and Partners, as part of a team representing family members of 74 of the 96 victims. Kirsten was led by Patrick Roche on the police planning phase of the inquest and Peter Wilcock QC on the “evidence gathering” phase relating to the alleged cover up.
Welsh Ambulance service inquest
Imran Douglas: self-inflicted death of a young person/Harris Review issues
Anne - Marie Element Inquest: military/rape/bullying
Neglect contributed to death of 19-year-old Nicholas Wheller at HMYOI Aylesbury
HMP Leeds bullying related self-inflicted death could have been prevented
System failure in prison healthcare at HMP Moorland results in death of seriously ill prisoner
Anti-gun campaigner stabbed to death by mentally ill grandson: death could have been prevented
Suicide of Chinese national suspected of overstaying: narrative verdict critical of MET
Death of patient detained under Mental Health Act contributed to by neglect
Death in Oakington immigration detention centre
Police and ambulance related death: critical narrative
Clinical negligence related death of cancer patient: critical narrative
Suicide of old person in hospital setting: critical narrative
Prison suicide: neglect verdict
Death of person detained under Mental Health Act 1983: critical narrative and neglect verdict
Suicide recalled prisoner: critical narrative of Prison, the Probation Service and Mental Health Inreach Team
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Claims Against the Police and Public Authorities
Overview
Kirsten is recognised in Chambers and Partners as a leading junior barrister in the area of Police Law, Claimant (Band 2). Kirsten has particular expertise in claims arising out of police contact involving death or serious harm and is recognised for providing skilful advocacy in civil claims involving deaths in police custody. Kirsten has extensive experience in claims against the police and public authorities on behalf of children and vulnerable adults, including those with mental health issues and learning difficulties, autism, and female victims of domestic violence and femicide, particularly in failure to protect cases involving the police and national probation service. Kirsten also specialises in protester-related civil actions, claims arising from unlawful immigration detention and injuries sustained during removal from the UK and all post-inquest civil actions. Kirsten has a particular interest in misfeasance claims against the police. Kirsten was led by Peter Wilcock QC and represented 76 bereaved families in the phase of the Hillsborough Inquest looking at “evidence gathering” by the police during the aftermath of the tragedy – commonly called the cover – up.
Kirsten’s parallel expertise in inquests that arise following deaths in police or state custody means that she also frequently advises on civil claims under Article 2, 3 and 8 ECHR.
“Recognised for providing skilful advocacy in civil claims involving deaths in police custody. She is also experienced in sensitive cases including false imprisonment claims, which often have a mental health aspect. “She's a fierce cross-examiner who is able to cut through to the key issues and save the waffle." "She is hard-working, dedicated, intelligent and enthusiastic. Instructed in Marcia James v Chief Constable of South Wales, a claim concerning failure to protect and investigate allegations against a man who subsequently raped and assaulted a young girl” - Chambers and Partners 2021
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Andrew Gwynne v Chief Constable of South Wales Police
Seymour Young v. Chief Constable of Warwickshire and Director of Public Prosecutions [2020] EWHC 308 (QB)
Marcia James v Chief Constable of South Wales Police
Jaqueline Oakes inquest and subsequent civil claim against West Midlands Police
Hillsborough inquest
Inquest into death of Nadeen Khan in Leeds – Police and “excited delirium” restraint death.
Restraint death in Cefn Coed psychiatic hospital: Kurt Howard - “excited delirium” related restraint death.
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Administrative and Public Law
Overview
Kirsten specialises in human rights and equality law-related judicial review challenges across her practice areas. Kirsten is recognised as a leading junior in Legal 500 under Civil Liberties and Human Rights (Including Actions Against the Police). Kirsten is currently instructed on a public law and discrimination challenge against the DWP in relation to the removal of certain benefits to vulnerable disabled individuals. Kirsten is being led by Ian Wise QC.
'Excellent with clients. Understands the strengths and weaknesses of a case quickly and has an excellent understanding of the law.’ (Legal 500 2021)
Notable Cases
R (on the application of Equality & Human Rights Commission) v SS for Justice & SSHD [2010] EWHC 147 (Admin) - NOMS failure to conduct equality impact assessment
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Court of Protection
Kirsten provides advice and representation before mental health review tribunals and advises on appeals to the Upper Tribunal. She also provides advice and representation to vulnerable adults and their families and local authorities on matters before the Court of Protection. Kirsten has a specific interest in refusal of medical treatment cases and capacity issues around personal welfare, care and the deprivation of liberty but she also advises on financial applications and deputies.
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Mental Health Law
Kirsten provides advice and representation before mental health review tribunals and advises on appeals to the Upper Tribunal. She also provides advice and representation to vulnerable adults and their families and local authorities on matters before the Court of Protection. Kirsten has a specific interest in refusal of medical treatment cases and capacity issues around personal welfare, care and the deprivation of liberty but she also advises on financial applications and deputies.
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IMMIGRATION: ASYLUM AND HUMAN RIGHTS
Kirsten has experience of advising and representing applicants in the Tribunal and the Administrative Court in a wide range of immigration, asylum and deportation cases involving victims of trafficking, unaccompanied children, spouses and other family members and of advising on appeals to the Court of Appeal.
She also acts for clients in civil claims for unlawful detention in the Administrative Court and claims arising from assaults during the course of removal from the UK. She also specialises in inquests into deaths of foreign nationals both detained and non-detained. Kirsten focused on UK asylum law and practice in her LLM.
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Pro Bono Work
Kirsten undertakes pro bono work for the Bar Pro Bono unit, FRU and the College of Law and has helped set up a school for street children in Guatemala City.
