Community care solicitors
Supporting Court of Protection Property & Affairs Deputies, case managers, families, other professional referrers, children and adults living with disability, injury or illness, to access the support they are entitled to from statutory services, including Local Authorities and NHS bodies.
We help deputies and other professionals achieve positive outcomes that ensure they receive the care and support they are entitled to.
Our specialist team is built around the specific needs of Court of Protection Deputies and professional referrers.
We put ourselves in the Deputy’s shoes, providing niche advice and representation in respect of education, health and social care funding issues, along with welfare considerations, relating to both children and adults.
Due to our role within Boyes Turner’s Court of Protection team assisting with issues within general authority, we know first-hand the challenges a Property & Affairs Deputy and professional referrers face when navigating statutory funding and welfare issues, balanced against the complex rules relating to the scope of a Deputy’s general authority (i.e. what a Deputy can and cannot do without Court approval) and the factors which weigh into best interest decision-making.
Our team is at the forefront of navigating issues arising within general authority and the grey area for Deputies between property & affairs and health & welfare, through our case work and commitment to supporting practice in this area through our collaboration with organisations such as the Professional Deputies Forum.
Our team is happy to provide a free, initial consultation to Deputies and professional referrers, including a no-obligation Re ACC quotation upon request.
- Trusted by a range of Court of Protection teams and professional referrers across the UK.
- Proven experience of advising in relation to a range of complex care funding and welfare issues, including challenges against unlawful decisions by public bodies.
- Sensitive, client-centred, practical legal advice, tailored to the unique circumstances of each client, their family and the specific needs of Court of Protection Deputies, Trustees and professional referrers.
- We explain complex legal matters in a way that meets a Deputy’s specific considerations, so that you can make informed decisons regarding what is in your client’s best interests.
Our community care expertise
NHS continuing healthcare funding
NHS Continuing Healthcare (CHC) funding can be complex, with many eligible individuals missing out on the support they are entitled to. We help challenge unlawful decisions, ensuring clients have the best possible opportunity to secure the funding needed to meet their ongoing health and care needs.
Direct payments and personal budgets
We advise on all aspects of direct payments and personal budgets, helping ensure clients receive the funding and support they are entitled to. Whether challenging funding decisions, resolving disputes with local authorities or advising on the appropriate use of personal budgets, we provide practical, specialist guidance tailored to each client’s needs.
Social services
Our community care solicitors advise on disputes involving social services and local authorities. We provide expert guidance on care assessments, care and support plans, eligibility decisions and the provision of appropriate services, helping to ensure clients receive the care and support they are legally entitled to.
Services for professionals
We work exclusively with professional Court of Protection Deputies, case managers, healthcare professionals, charities and other professional referrers. We see ourselves as an extension of your professional team, working collaboratively to secure the care, funding and services your clients are entitled to.
Financial assessments for care
We advise on financial assessments carried out by local authorities to determine an individual’s contribution towards the cost of their care. Our specialist solicitors help challenge incorrect assessments, resolve disputes and ensure clients are not asked to pay more than they should under the relevant legislation and guidance.
Mental capacity
Our solicitors help with legal issues relating to mental capacity and decision-making. We provide expert guidance on capacity assessments, best interests decisions and disputes, helping to ensure vulnerable individuals are supported and their rights are protected in accordance with the Mental Capacity Act 2005.
Court of Protection
Our specialist Court of Protection team advises on all aspects of deputyship and mental capacity law. In addition to supporting appointed deputies, we also act as professional deputies, managing property and financial affairs on behalf of individuals who lack mental capacity. We provide expert advice on deputyship applications, statutory wills, health and welfare matters, and ongoing Court of Protection issues.
Community care FAQs
How do I know if I am entitled to assistance?
The first stage is for the appropriate authority to carry out an assessment to determine your needs and any services required to meet them. Once the assessment is complete, a care plan will be produced, setting out what your needs are, what will be done by the authority to meet those needs and how it will be done. The plan should also include a section outlining any needs that they cannot meet and explaining why. You may also be asked to engage in a financial assessment to determine if you should pay for some or all of your care.
What is a Care Act assessment?
Following the implementation of the Care Act 2014, the duties of local authorities to adults with care needs and their carers became much clearer. The first stage in identifying whether any services are required is an assessment under Section 9 of the Care Act. You may be able to request this yourself. This will establish what your needs are, what can to be done to meet those needs and how that can be done. This will then result in the preparation of a care plan.
Carers now also have a legal right to a carer’s assessment. This may identify whether they are entitled to receive assistance such as practical support, equipment and respite.
There is no statutory timescale for an assessment. However, it must be carried out within a reasonable period of time, which we would expect to be between 4-6 weeks. You should be advised of the likely timescale at the outset of the assessment process.
What is NHS Continuing Healthcare funding and what is a Decision Support Tool (DST)?
Adults with complex health needs may be eligible for NHS Continuing Healthcare. This is where the NHS pays for all of the costs of caring for the adult’s health-related needs.
The first stage in obtaining this funding is to request an assessment. A checklist will be completed, followed by a decision support tool (“DST”) – a national tool, developed to support practitioners in the application of the national framework for NHS continuing healthcare and NHS-funded nursing care. The tool is a way of bringing together information from the assessment of needs and applying evidence in a single format to facilitate consistent evidence-based recommendations and decision making regarding eligibility.
A multi-disciplinary team of professionals from both the health and social care fields will complete the DST. They will use their combined clinical skill, expertise and evidence-based professional judgement to consider your needs and whether they indicate that you have a primary health need. The statutory timeframe to complete the assessment process if 28 working days.
Will I have to pay for the care I receive?
This will depend on the type of care that you are receiving.
NHS care is free at the point of delivery, which means that you should not be asked to pay for care provided via NHS Continuing Healthcare funding.
Local authorities have a duty to charge for the services they provide to those with savings of over £23,250. Those with a lower level of savings may still have to make a contribution towards the cost of their care.
Your ability to pay for care provided by a local authority will be determined through a means test taking into account all of your circumstances, including whether you own the home jointly with someone else. Your home will not be included if care and support is delivered at home and may not be included if you live with a partner, child, or a relative who is disabled or over the age of 60.
I received an award for a personal injury, will I have to pay for my care?
The evolving law on double recovery is strict and makes it harder to obtain state funded care where there has been a personal injury award that includes the costs of a care package. However, in cases where the claimant recovers less than 100% of the full value of their claim or the cost of care is greater than the award, they may be able to seek assistance from the local authority towards the cost of their care.
What is the process for getting assistance for my disabled child?
Children with disabilities are legally defined as “children in need” under the Children Act 1989. This means that all local authorities have a responsibility to safeguard and promote their wellbeing. In meeting this duty, they are required to support the upbringing of children by their families by providing a range of services to meet those children’s needs.
The first stage in identifying whether any services are required to meet a child’s needs is a child in need assessment. This will establish what the child’s needs are, what needs to be done to meet those needs and how that can be done. This will then result in the preparation of a child in need plan.
Parents with children in need also have a right to a carer’s assessment. This will identify whether they are entitled to receive assistance such as practical support, equipment and respite.
How do I challenge an assessment?
This will depend on the assessment that you have received. There is currently no appeals process for local authority assessments so the first stage will be to consider whether to challenge it through a complaint or a judicial review, which will depend on the seriousness of the failings.
If a decision is reached to refuse funding through NHS Continuing Healthcare, we can investigate the merits of an appeal and assist you. The appeals process is twofold – first, there will be a local resolution meeting and if you still disagree with the outcome, an independent review panel can be convened through NHS England. We can provide advice and representation throughout this process.
If eligibility for support is agreed, we can advise you on the options for the delivery of that support, challenge any delays in implementing it and challenge the care package itself if you feel it is inadequate.
What is a judicial review?
A judicial review is a legal process by which the courts review the lawfulness of a decision made (or sometimes lack of a decision made) or action taken (or sometimes failure to act) by a public body. It is a mechanism by which a judge considers whether a public body has acted in accordance with its legal obligations. Decisions by a public body can be challenged on a number of grounds – if it has acted in a manner which is in breach of the law, if it has acted unreasonably or if it has breached the human rights of the person involved.
Do you offer legal aid?
There are very strict financial criteria for who might be eligible for government-funded legal aid advice. We do not offer community care advice funded by legal aid. Information about eligibility for legal aid is available on the government website.
We will be happy to discuss the options for funding legal advice and representation with you to help you to decide how to proceed.
What are your fees? Can I afford you?
We understand that costs are one of the biggest concerns when approaching a solicitor. We make sure that the costs you incur are clear and transparent from the outset and stay under your control at all times. Your first contact with us will be a free telephone conversation. During this conversation we will discuss your options, including what you can do yourself, whether you really need further advice and the possible costs. Once you have had a chance to consider all the options we discuss with you, you can then decide whether you would like to instruct us and the extent of work that you would like us to do for you.
What are disbursements?
Disbursements are any costs associated with your case that are not our fees. This includes costs for independent experts, such as social workers, clinicians and therapists. We only advise that you seek expert advice when it is absolutely necessary to your case and will be clear and transparent with you about the costs involved.
Contact us
If you would like advice regarding a community care matter, please complete the form and one of our specialists will be in touch as soon as possible.
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Why use community care solicitors?
Niche, tailored advice to Deputies and professional
We provide niche, tailored, highly personalised and responsive advice to Deputies, case managers, families, the cared for or protected party and professional referrers. Our team and service is built around the specific needs of a Deputy. We put ourselves in the Deputy’s shoes. Our advice is focused on ensuring you understand the options, the costs, the benefit to your client and how the options sit with the scope of the Deputy’s authority, including when Court authority may be needed.
Dedicated expertise backed by a full-service firm
As a full-service law firm, we bring together expertise from across our specialist teams, including Court of Protection, private wealth, personal injury, residential property and disputes. This joined-up approach allows us to provide seamless advice, anticipate challenges and deliver solutions that support our clients’ wider legal matters.
We are a leading law firm
Boyes Turner is ranked as a leading law firm by legal directories Chambers UK and The Legal 500. These rankings are based on independent research and client feedback, reflecting our proven expertise, outstanding results and trusted reputation.
Our community care solicitors
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Everything you would want in Solicitor!
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Recognised leading UK law firm
Boyes Turner is consistently ranked as a leading law firm by legal directories Chambers and Partners and The Legal 500.
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