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| Community care law
Community care law governs the provision of a wide range of services to people living in the community, usually by social services departments and health authorities. For example, accommodation and support for those with special needs, residential care, help in the home, meals on wheels, adaptations to the home, advocacy and support services, help in dealing with finances, and special equipment. Our community care clients come from across England and Wales. We have experience of acting for all types of service users (both adults and children) and their carers. We have particular expertise in acting on behalf of those who lack mental capacity, and we are regularly instructed by the Official Solicitor in such cases. Stephen Pierce is on the editorial board of the Community Care Law Reports and is particularly highly regarded for his expertise in this area; although all our solicitors have experience of running community care cases, in particular cases in which judicial review proceedings are necessary to ensure that services are provided. What kinds of problem can we help you with? Assessments Local authorities have legal duties to carry out assessments of any adults who may need community care services, and of any children who may need help. Local authorities are also required to carry out carers’ assessments in certain circumstances. Sometimes local authorities do not carry out assessments sufficiently quickly, or at all. Sometimes local authorities carry out assessments which are inadequate or inaccurate. We have extensive experience of acting in such cases and in using judicial review, complaints procedures and/or mediation to ensure local authorities comply with their assessment duties. Care plans and services Following each assessment a local authority should make a decision about whether services should be provided and, if so, how those services should be provided. If a local authority decides to provide services this information should be set out in a ‘care plan’. If you have had an assessment but no services are provided as a result, or if the services set out in the care plan do not meet your needs, or if your care plan is being changed so that the help you receive is reduced, we can advise you on the lawfulness of these decisions and assist you to challenge them. Best interests and Court of Protection For people with serious mental illnesses, disputes can sometimes arise about whether they are able to make important decisions for themselves (i.e. whether they have ‘mental capacity’) and, if they do not have mental capacity, whether the decisions made on their behalf are the right ones. We are experienced at acting in cases where mental capacity is in issue, or where relatives are concerned about the decisions that are made when someone close to them has been found to lack mental capacity (for example decisions about accommodation, services or treatment). We have experience of providing representation both in the High Court and in the Court of Protection in such cases. Charging If you have a dispute about who should pay for your services, or how much, we can advise and represent you in dealing with the local authority or service provider. Care homes If you live in a care home and are asked to move to other residential accommodation which is unsuitable, perhaps because the home is threatened with closure, we can advise and represent you in challenging such a decision. Hospital discharge If you are stuck in hospital because there is nowhere for you to be discharged to, or because there are no services in place to help you manage independently, we can help you to get access to services and accommodation. |
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