Our team offers advice on all adult social services and community care issues. It’s drawn from our lengthy experience and deep understanding of this complex area of the law.

Community care law is often challenging and it’s vital that you have the support of legal experts who know the processes as well as they know the law itself. Our Community Care Group, led by Head of Group Kerry Short, has exactly that expertise and will work hand-in-hand with you to help you achieve the best outcome.

Court of Protection: welfare and financial applications, from uncontested applications for the appointment of a financial deputy to complex disputed welfare decisions involving multiple parties

Mental capacity assessments and best interests decisions under the Mental Capacity Act 2005

Deprivation of liberty cases: defending s21A challenges to DOLS authorisations in a care home or hospital setting and applying to the Court of Protection for authorisation under the Re X procedure to deprive a person of their liberty in a community setting

Mental Health Act 1983: working closely with Approved Mental Health Professionals on various matters, including detention for assessment or treatment, removal to a place of safety, guardianship, after care, and applications to the county court to displace and appoint a nearest relative

Ordinary residence disputes: correspondence with other authorities, submissions to the Secretary of State for a determination and negotiating reimbursement from one local authority to another

Unaccompanied Asylum-Seeking Children (UASC): defending challenges to age assessments and care provision

Inquests: providing written and oral evidence to the Coroner

Judicial Review: pre-action correspondence and in proceedings

General community care: including financial assessments, care home fees, housing duties owed by local councils, people with no recourse to public funds (NRPF), leaving care, transition and adult safeguarding

Training: we believe that greater knowledge of the law empowers you in your job and allows you to focus on the areas where you can have the greatest impact and make a difference to the lives of the people you serve. That’s why we produce legal updates for our clients, and design and deliver training on topics including court skills, housing and social care, Care Act 2014 duties and powers, No Recourse to Public Funds, asylum, and nearest relatives under the Mental Health Act 1983.  Bespoke training on other subjects can be prepared and delivered upon request.

Community Care News

The Liberty Protection Safeguards: Changes to DOLS

Protecting a Vulnerable Adult with Capacity to Enter into Sexual Relations: The Role of the Local Authority and the Courts

Significant Rise in Deprivation of Liberty Applications in the Last Quarter

Asylum: Kent County Council Children’s Services advised and represented by Invicta Law has won an important asylum case in the High Court