Community Care

Community Care law relates to the decisions of social services, and sometimes the government, and their challenge where it is considered that their actions are unlawful.

The law governing assessments that local authorities are meant to undertake when assistance is requested and the plans to be drawn up when assistance is required, is contained in the Care Act 2014 (the Care Act) . The Care Act came into force in April 2015 and has changed the way in which needs are assessed and met.

The Care Act 2014 imposes a number of duties on local authorities. Above all, there is a general duty to promote a person’s well being when carrying out its care and support functions.  Well being in this context includes consideration of personal dignity; physical health and mental health and emotional well being. The threshold for the assessment duty to arise is a low one. The welfare principle underpins the act and the local authority must have regard to it throughout the assessment process.

Local Authorities have an obligation to provide a number of services including:

• respite and development support for children in need;
• assessments and support for people with physical or mental health disabilities;
• care in the community;
• adaptions to the home;
• care home and nursing home assessments and placements; and
• appropriate accommodation for people with disabilities.

If your support services have been cut or you feel that you are not receiving sufficient services then our experienced community care team is able to support you in obtaining the services you require.

Alternatively, you may know a vulnerable adult and feel that the local authority has failed in their duty to safeguard that individual or that their requests for support are being ignored. Community Care law covers a broad spectrum of matters relating to vulnerable individuals and our specialist team can advise you as to what options are available to you.

Community Care law applies to vulnerable people in care homes, detention, health and housing services and in their own home. Our team has experience in progressing matters from initial advice up to Judicial Review proceedings including obtaining emergency accommodation.

Our clients are often in desperate situations with physical/mental illness and are facing homelessness, destitution and risk losing their dignity. We understand the seriousness and impact this may have on our clients’ lives and through our dedication we fight to get you a better future.