Community Care

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

Meet the team

Areas of expertise

  • Mental Capacity
  • Deprivation of liberty
  • Mental health
  • Ordinary residence
  • Community care
  • Coroners' Inquests
  • Adult safeguarding
  • Asylum

Specialisms

  • 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

Our Approach

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

Our Team

Kerry Short

Head of Community Care

I support busy and hard-working social care professionals by helping them to understand the law and comply with their duties to ensure that their good practice is backed up by legal compliance.

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Client testimonials

“Sarah provides excellent advice, often off the cuff at the end of the phone when urgent matters arise. She is extremely good at explaining the intricacies of planning law in layman’s terms, which is very much appreciated. Sarah is a reliable and conscientious colleague who I do not hesitate to contact for guidance and clarity in often high-pressured situations. She is well respected amongst her peers and colleagues, and officers very much appreciate her knowledge and calming influence.”
Planning & Highways Client
“I am writing in praise of your support. As someone in the firing line of an ultra-aggressive legal team for the first time in my life, this was a traumatic and, at times, upsetting process. You were at my side, dispensing wise and calming counsel throughout. You have been readily available when crises occurred, have been a wonderful listener and, in the end, we reached an outcome that was highly satisfactory for our school and its pupils. I cannot speak highly enough of the way that you handled this case, and I thank you and your firm for the support you gave me. Being a chair of governors, sworn to confidentiality, can be a lonely business! You kept me sane.”
Chair of School Governors
“You’ve been incredibly helpful with this. Thanks for always replying so promptly and for being a star.”
Private Sector Town Planning & Development Consultancy
“The whole team at Invicta Law are really professional, efficient and courteous in their approach to our Development Agreement works. This I find makes my role much easier particularly when this is a specialist subject that I often need to seek their advice with.”
Planning & Highways Client
“The experience has been really top end. Rather than just offering the options, they have given some real solid advice on the best route. It's a good business 'partnering' approach.”
Kent Fire and Rescue Service
“Their employment advice has always proved to be sound. I’ve worked with lots of different lawyers in London boroughs and. I’d also say that Invicta Law is the most solution-focused.”
Kent Fire and Rescue Service

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Our office

Invicta Law Ltd
Priory Gate
29 Union Street
Maidstone ME14 1PT
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