Health & Social Care Law

Yes. Often, the person who needs community care can’t seek advice themselves, either because they are a child, or as a result of their disability.

In these situations, a family member, carer, or other suitable person can seek advice on their behalf.

In many of our cases, ‘litigation friends’ are appointed to act on behalf of children or adults who don’t have the mental capacity to make decisions themselves.

To have mental capacity means to:

• Understand what a decision involves
• Be able to ‘weigh up’ information to reach a decision
• Remember information long enough to make the decision
• Communicate the decision to others.

If a person can’t do this, you can apply to the Court of Protection to advocate for them. We can help you with the application process, or act as a deputy for them ourselves.

Means-tested Legal Aid is still available for this area of law. The means test is carried out in relation to the person who’s getting the benefit of legal representation. If you’re claiming social services or healthcare, it’s you who will be getting means tested. If your income is from state benefits, or if you’re on a low income and don’t have any significant savings, then you’re likely to qualify for legal aid.

The income or savings of your other family members isn’t usually taken into account. Some of our clients also fund their cases through Legal Expenses Insurance, and so pay nothing for our advice.

Whatever your funding method, we will always advise you on how best to fund your case.

You have rights to appropriate care, involvement in decisions about your treatment, confidentiality, and protection from discrimination.

Legislation such as the Care Act 2014 and the Equality Act 2010 protect these rights, making sure your needs are met and your dignity is respected.

Yes. If you disagree with a decision regarding your care needs assessment, funding, or the services provided, you have the right to challenge it through internal complaints procedures, appeals, and in some cases, legal action such as judicial review.

A care needs assessment is a legal duty on local authorities (under the Care Act 2014) to determine what support you need to live as independently as possible.

It's important because it forms the basis for your care plan and determines your eligibility for local authority-funded services.

Yes, healthcare professionals and social care providers have a legal and ethical duty to protect your personal information and confidentiality.

This is governed by common law, the Data Protection Act, and professional codes of conduct.

You should seek legal advice if you're:

• Being denied care or funding you believe you're entitled to
• Facing a challenge to your care package from a public body
• Concerned about neglect, abuse, or serious failings in care
• Seeking to challenge a public body's decision regarding your care or rights
• Needing assistance with safeguarding issues for yourself or a loved one.