In a recent case, the Vice President of the Court of Protection, Hayden J, reminded us of the importance of the presumption of capacity and the requirement for proper assessment of mental capacity on an issue-specific basis. Everyone is assumed to have...
How can we help?
Our specialist community care solicitors take on work nationwide. The focus of community care law is on the welfare of children in need and wellbeing of vulnerable adults and their carers to ensure that their needs are properly assessed and supported.
Community care law is complex and wide ranging and often involves sensitive issues. It is important that specialist legal advice is sought. The most common types of cases that we deal with are:
- Social services or a healthcare provider failing or refusing to undertake an assessment of needs
- Challenges to an unlawful assessment of needs, leaving an individual without adequate care and support
- Disputes about the type of care or services that a person requires
- Challenges to the amount of care provision decided
- Disputes in relation to direct payments (a common way of funding a care package)
- Looked after children and leaving care duties
- Transition from children to adult services
- Disputes in relation to financial assessments and charges for care
- Disputes in relation to NHS continuing healthcare funding
If you would like to speak to a member of the team for advice and assistance call us on 0175 321 5096 or complete our online enquiry form and we will contact you directly.
Community care - legal advice
There are numerous ways in which the state can meet assessed and eligible care needs, from the simple provision of disability equipment and aids in the home to complex packages of personal care and major adaptations of someone’s living space. They may also include respite services, residential and nursing care and suitable housing and accommodation to meet the person’s needs.
Our community care team can advise and assist in pursuing a remedy, with expertise in both local authority complaints procedures, review processes, the local government ombudsman, and judicial review claims.
It is often possible to resolve a dispute without the need to issue court proceedings and we will determine and advise you on the best course of action.
Community care issues can also include assessments of a person’s mental capacity to make decisions in relation to their residence and care, and Court of Protection proceedings may sometimes become necessary. Our specialists have expertise in both community care law and Court of Protection welfare proceedings.
For advice call our community care law experts on 0175 321 5096 or complete our online enquiry form and a member of the team will contact you directly.
It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.
Stephensons is operating an agile working approach to assisting clients and is still open for business in the face of the coronavirus pandemic. Following the guidance issued by Public Health England (PHE) the firm’s services remain open and...
Healthcare and social services reorder
- Sophie Maloney
- Megan Taylor
- Catherine Vaughan