Community Care Law

What is Community Care Law?

Community Care (or social care) broadly describes the help provided by local authorities (or the Council) to help people (both adults and children) meet their health and social care needs. Sinclairslaw has the knowledge and experience to assist people (including parents and carers) with any community care law problem, ensuring that their legal rights are protected. For example, this may include ensuring that you receive the right help to meet your personal care needs; obtaining respite services or paying for care. In addition, it also includes advice about the Mental Capacity Act 2005, including powers of attorney and deputyship matters, as well as Protection from Vulnerable Adults (POVA) and Deprivation of Liberty Safeguards (DOLS).

What help can Sinclairslaw provide?

Our work applies to both adults and children and we are able to advise on a full range of community care matters. You may find our services useful if you are having difficulties with or are concerned about any of the following (more information about these topics is available on the drop-down menu above):

  • obtaining an assessment of your health and social care needs (for both adults and children);
  • whether you will receive community care services;
  • your Care Plan;
  • finding suitable respite care;
  • the quality of the services being provided to you, where ever they are provided;
  • paying for your home care services;
  • obtaining Direct Payments or how they are working;
  • assessments and services for carers;
  • adaptations to your home;
  • finding suitable residential accommodation to meet long term care needs;
  • paying for residential care;
  • entitlement to NHS continuing health care;
  • matters arising under the Mental Capacity Act 2005, including deputyship;
  • protection of adults who may be vulnerable;
  • representation in the Court of Protection.

Who can we help?

We are able to advise individuals who are experiencing community care problems themselves, as well as parents and carers. We also have expertise in dealing with those situations where an individual may lack the mental capacity to manage their own affairs and needs advice with a community care law matter. As noted below, some of this advice may be available under the LSC’s funding arrangements (ie Legal Aid). In addition, we are also able to provide community care law advice and training to other groups, such as charities, care providers, advice & advocacy organisations. If you are interested in receiving high quality, specialist community care law training and advice which is tailored to the needs of your organisation, please do not hesitate to contact Rosie Fung for an informal discussion.

Funding

Sinclairslaw has the only community care law contract in south east Wales with the Legal Services Commission (LSC) to provide publicly funded specialist community care legal advice to people who are eligible. If you are living on a low income or benefits, you may be eligible for free specialist advice from us under the Legal Help Scheme. We are also able to take community care cases to the High Court in judicial review proceedings, where the LSC’s strict criteria are met as they will assess both a person’s financial position and the merits of the case before granting Legal Aid. Please do not hesitate to contact us if you have any queries about Legal Aid.

If you are not eligible for Legal Aid public funding, you are able to instruct us privately at very competitive rates. From the outset, we will provide you with a costs estimate that we will regularly review so that you are in control. With only a modest initial payment on account of costs, we can begin working for you, with the option of a monthly standing order to help you easily manage your costs as your case progresses.

If you would like to check your potential eligibility for legal aid, please follow the instructions on the eligibility calculator below.

Or alternatively contact our team for further information.

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