Our knowledge and expertise in Care enables us to identify where decisions have been made incorrectly.
How can we help?
Care Dispute Solicitors
If you are unhappy with a decision made by the local authority or NHS in relation to care for you or a loved one, our team of specialist care dispute solicitors can help.
Court of Protection
When a person lacks or loses the mental capacity to manage their own affairs or to make decisions regarding their health and welfare, someone (‘a Deputy’) must be appointed to act on their behalf.
The Court of Protection is responsible for assisting vulnerable people in these situations and our expert solicitors work with families wishing to make applications to appoint a Deputy for an incapacitated person. A Deputy’s responsibilities can include dealing with the incapacitated person’s assets and asking the court to make a will on their behalf (a ‘statutory will’).
We assist appointed Deputies in making a range of court applications for permission to make specific decisions, which can often be difficult and sensitive.
The Office of the Public Guardian regulates people appointed as attorneys under Lasting Powers of Attorney (LPAs) and our experienced lawyers can assist with a range of matters which fall within the OPG’s jurisdiction which may require an application to the Court.
Challenging NHS Continuing Health Care funding
Every year, people call upon the NHS to fund a health care package to support their needs via the NHS Continuing Healthcare scheme. Unfortunately, many applicants will be deemed as not eligible for funding by the panel. This can be devastating to patients and their families and can put further strain on individuals during an already challenging time. Knowing what steps to take and whether or not to challenge the decision can throw further confusion and stress into the balance.
If your application for funding is unsuccessful, don’t worry. It may seem like the end of the road, but if our lawyers believe there are grounds upon which to appeal, we may be able to assist you in sourcing and putting forward the correct evidence to ensure that your or your loved one’s health needs have been fully considered. At every stage of the appeal, our dedicated lawyers will be here for tailored legal advice and emotional support through the process.
Local authority care assessments
A care assessment can be the first step in securing ongoing help and support for everyday life – however, understanding where to begin and the criteria that will determine your eligibility can be confusing, and matters can become more complicated if the decision made isn’t in your favour. Whether you’re concerned about an upcoming care assessment, are caring for a loved one and need some guidance through the process or you seek advice and support to overturn a decision, our dedicated team are here to help.
What is the Care Act?
The Care Act 2014 was introduced in England to improve the provision of care to those most in need. It aims to ensure the wellbeing of vulnerable adults in need of support services and seeks to bring about the personalisation of these services. Under the new rules, anyone who a local authority thinks might be in need of care is entitled to an eligibility assessment that is free of charge.
Without an assessment, the local authority is unable to determine whether your care requirements should be funded through the NHS Continuing Healthcare package. still comply with government regulations. Under the Care Act 2014, local authorities must focus the assessment on the needs of the person and how these needs affect their wellbeing; their assessment must involve the person and, where appropriate, their carer and access must be provided to an independent advocate to support the person through the assessment. Every local authority will have its own eligibility criteria for what support you can receive but they must complete an assessment.
If you are not eligible for local authority support for care
If your local authority decides that you don’t qualify for support according to their criteria, they should still provide you with details on where you can get help – this might be through charities and non-profit organisations, for example. If you believe the full scope of your needs or that of a loved one has not been taken into account and you wish to challenge the decision, you can seek an independent review. There are strict guidelines governing this process, but we can provide guidance and advice every step of the way.
Offering expertise across the breadth of issues surrounding social care and the protection of vulnerable adults, our team can assist with the preparation for a care assessment and support in challenging decisions. We can also advise you on your options with regard to funding long-term care and help you identify the best approach in protecting your interests.
We can if necessary assist with making a complaint to The Local Government and Social Care Ombudsman
Contact our Care Dispute Solicitors in Bristol or London
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