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Our services: Community Care

Community care law covers access to health and social services from the NHS or Local Authorities. As you know Health Trusts and social services departments are under severe strain. However, often individuals are not aware of their rights and this is where specialist advice is really important.

Community Care Specialists

We can explain what people are entitled to. We are able to help on almost any query related to health and social care problems, common areas we are asked about include:

• Children and parents/carers
• Disabled adults and carers
• Young people (eg leaving care/custody, homeless under 18, age assessment disputes
• Elderly people
• NHS continuing health care funding, particularly for care home fees
• People from abroad and access to public services
• Court of protection – best interests cases and deprivation of liberty
• Medical law - entitlement to treatment

Common Community Care Issues include:

• delay in or inadequate assessment of need
• disputes about what level or type of service is suitable
• removal of services from an individual or community
• inappropriate or unfair charges for services
• adaptations to the home (eg refusals or delays)
• self directed support (eg refusal of or insufficient amount of direct payment/ individual or personal budgets)
• rejection by panels of proposed care packages

We have extensive experience of advising on all this and more.

Worried about Funding?

Legal aid is sometimes an option available for community care work.. In many cases, we can get legal aid to cover the costs of legal action if we are acting on behalf of disabled children, provided they have no assets of their own. On continuing care health funding appeals we work on a ‘no win no fee’ basis wherever possible (if clients are not financially eligible for legal aid as is common in the case in this type of work).

Act sooner rather than later – Don't miss out due to time limits

Action in most community care cases must be taken extremely promptly. If a legal challenge is appropriate there is normally a maximum 3 month deadline running from the date of a decision.

In many community care cases you may need to make a formal complaint before taking legal action, but people should seek legal advice before starting that process in case it can be bypassed. Other deadlines may also apply. In any case it is important to seek advice as soon as possible

To find out more about our community care services, please contact us.