Isabel Bertschinger

Isabel accepts instructions in housing, inquests, and actions against public authorities.

Housing
Isabel regularly represents tenants in possession proceedings and in claims brought against private landlords, social housing providers, and local authorities. She has experience representing individuals in unlawful eviction claims, disrepair claims, committal proceedings, and injunction applications. She has represented many individuals with complex needs and is able to work sensitively with vulnerable clients.

Inquests and actions against public authorities
Isabel represents bereaved families at inquest and claimants in civil actions against public authorities.

Isabel is regularly instructed in complex inquests following deaths in prisons, mental health wards, following police contact, and in the community. She has particular expertise in making Article 2 submissions in non-automatic cases. She has appeared in several inquests held with a jury.

Isabel has recently represented bereaved families in the following inquests:

AL

Inquest focused on the actions taken by the University of the West of England (UWE), Surrey Police, and Avon and Somerset Constabulary when informed that AL had overdosed. Though categorised as an Immediate Response (Priority 1 emergency) the jury found that a “catalogue of missed opportunities” caused delays in help reaching AL, which led to her tragic death. Numerous causative failings were identified by the jury in relation to communication between agencies and efforts to identify AL’s current location.

HM Coroner made a PFD to the College of Policing, and to the Chief Constables of Surrey Police and Avon and Somerset Police. Read the Prevention of Future Deaths Report here.

MS

Highly complex inquest into the death of a 29-year-old who took their own life outside the entrance to A&E hours after a Mental Health Act assessment deemed them not detainable under s.3 MHA. MS was autistic and non-binary and required reasonable adjustments. Several failings in MS’ care were found to be causative of their death. A summary of the findings can be found here. The Senior Coroner made two PFDs, relating to the unsuitability of A&E for those requiring a mental health bed, gaps in psychosocial support service provision for TNBI adults, and a shortage of beds, particularly for autistic and transgender people.

SW

Jury inquest into the death of a man detained under the Mental Health Act in Swansea who died as a result of drug intoxication. The inquest considered issues such as: the availability of treatment for EUPD, how SW was able to access novel drugs within the hospital environment, steps taken when drugs were found on the ward, and the adequacy of clinical and other observations undertaken. The jury found that there was a failure to conduct a proper and lawful search which might have saved SW’s life. A PFD was made to the Welsh Ambulance Service regarding the availability of flumazenil, a benzodiazepine antagonist.

MD

Jury inquest into the death of a man imprisoned at HMP Exeter who died following a serious, and very rare, heart infection. He became ill during five days of Covid-19 isolation. The inquest considered the adequacy of observations and of healthcare provision.

SS

Jury inquest following the self-inflicted death of a man imprisoned at HMP Exeter following a decision to remove him from constant supervision, which was found by the jury to be causative of SS’s death. A PFD was made, the Senior Coroner’s concerns including: the timing and recording of observations, understaffing, methods of handover, and inadequate training and guidance in relation to entering cells in emergencies.

JH

Inquest following the death of a young soldier on Army barracks. Pastoral support, information-sharing, SASH risk assessment, and emergency response were considered.

Isabel has acted on behalf of claimants in civil claims against prisons, local authorities, and healthcare providers. She acts on behalf of many of the families she has represented at inquest in subsequent civil claims, and regularly represents prisoners in human rights and negligence claims arising from their treatment in prison.

Previous experience
Before starting pupillage, Isabel worked as a paralegal within the Human Rights department at Leigh Day, focusing on inquests and inquiries. During her time there, she worked as part of a team representing core participants to the Infected Blood Inquiry. Alongside this, she managed a charity that advocates for the rights of migrant domestic workers in the UK.

Isabel has extensive casework experience in solicitors’ firms and NGOs. While studying for the BPTC, she worked at: Prisoners Abroad, supporting families of British people imprisoned abroad; Bail for Immigration Detainees, representing people held in prisons under immigration powers; and Luqmani Thompson, a boutique immigration and public law firm. She later provided advice on issues such as protest rights, police powers, data protection and Coronavirus regulations as part of her work with Liberty.

Isabel previously worked in policy and campaigns in the trafficking sector. She helped draft an amendment to the Nationality and Borders Bill as Coordinator of the Voice of Domestic Workers, and was a research assistant on a project mapping the experiences of victims of trafficking with Bangkok-based NGO, Global Alliance Against Traffic in Women.

Isabel has been a legal observer with Black Protest Legal Support and is active in several community groups in north London. She was a member of the Human Rights Lawyers Association’s Young Lawyers Committee until starting pupillage.