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Protecting Your Rights

Healthcare & Social Services Solicitors

Every day, thousands of people across the UK depend on health and social care services. But when care services fail or are cut, it can leave you vulnerable and at risk. At Irwin Mitchell we have years of experience helping clients challenge health and social care decisions at the highest levels.

Usually, the level of health and social care we receive is excellent and aligned to our needs. However, given recent budget cuts to public services, that service can be denied, cutting you off from the care you need and leaving you unsure of where to turn for help.

If you, a loved one or someone you care for depends on health or social services, taking a dispute up with an NHS Trust or local authority can be daunting. Our expert healthcare and social services solicitors understand that your well-being comes first and will help you access the care you need while pursuing your case.

We’ve helped our clients with virtually every aspect of health and social care law, including:

  • Community Care – including failure to carry out an assessment and failure to provide suitable care following an assessment
  • Healthcare and medical treatments – including withdrawal of sustaining treatment (“end of life” cases)
  • Closure of healthcare facilities – such as hospitals, clinics, care homes, day care services and walk in centres
  • Mental capacity – including Advance Decisions, best interests and Deprivation of Liberty
  • Health and welfare disputes in the Court of Protection
  • Healthcare funding disputes – including NHS continuing healthcare (CHC) disputes
  • Special Educational Needs – including challenging local authority decisions and securing the support you need

To help you better understand the law surrounding health and social care, and to make requests of your local authority, we have produced a series of free factsheets and template letters for you to use.

We have a large team of expert health and social care lawyers working across the UK, so we’re perfectly placed to help you, wherever you are. We are also recognised as a leading firm in this field and have been involved with some of the most high profile health and social care cases. We hold a legal aid contract for this area of law, through which many of our clients choose to fund their cases.

If you’ve had your quality of life affected by a health or social care decision and would like to speak to a legal expert, then either contact us online or call us on 0800 028 1943 to see how we can help.

Offices across the UK
Experienced and accredited health and social care lawyers
Involved with the leading Supreme Court community care cases
Legal aid may be available

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More Information - Healthcare & Social Services
    • What kind of funding is available for healthcare and social services cases?
    • 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 so, if you have any questions, feel free to get in touch.

    • Can I open a case on behalf of someone else?
    • Yes. Often the person who needs health or social care will not be in a position to seek advice, either because they are a child or as a result of their disability. In such 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 do not have the mental capacity to make decisions themselves.

    • Meet the experts
    • Our health and social care experts are recognised as one of the leading teams for this area of law and have been involved with some of the most high profile health and social care cases.

      We understand that this can be a sensitive issue, especially when you depend on these services. We promise to approach your case with the diligence and sensitivity it deserves and will always do everything we can to get a good outcome for you.

      Meet the experts

Without Irwin Mitchell challenging the Local Authority, we would still be waiting for an answer.”

Client's father
Client quote

Frequently Asked Questions

What Is The Care Act?

Billed as the most important piece of social care legislation in the last few decades, the Care Act was introduced to meet the needs of our growing and ageing population. It aims to consolidate the current laws surrounding social care, whilst including some new reforms to better develop the rights to support.

The Act provides a greater amount of protection for more vulnerable members of society, following some recent high-profile neglect cases. It also ensures your rights to care and support are strengthened in cases where there are cuts to local authority funding.

New regulations and statutory guidance have been introduced to outline how social care will be provided to adults and their carers.

Read more about the Care Act.

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Why Choose Our Healthcare And Social Services Solicitors?

We have a large team of expert lawyers based in offices across the UK so, wherever you are in country, you’ll never be far from expert legal advice.

We are one of the UK’s leading social services and healthcare legal firms. We are regularly appointed by the Official Solicitor to the Senior Courts to look after the interests of adults unable to make their own decisions on health or social care. We are also regularly instructed to act for core participants in public enquiries on health and social care issues and to intervene on behalf of national charities in cases where important points of law arise.

Our lawyers frequently deliver lectures and undertake cases promoting rights of choice and control for disabled people, and we regularly lead the way in acting for disabled clients. Many of our cases push the boundaries of the law and raise issues of a wider public interest.

Yogi Amin, one of the partners in our Public Law & Human Rights department, was named ‘Social and Welfare Lawyer of the Year’ at the Legal Aid Awards and is listed as leader in his field in the legal directories. His team, and others, have successfully challenged decisions by public bodies to cut health and social care services. In 2015, we successfully challenged Warwickshire County Council's proposed local offer consultation, which included cuts to short breaks for disabled children.

If you’ve been negatively affected by a health or social care decision you want to challenge then get in touch with our expert solicitors. Please call us on 0800 028 1943 or fill in our contact form and we will call you back.

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Template Letters

If you’re having issues with your local authority or care provider, but you don’t want to initiate legal proceedings just yet, then your first port of call should be a letter.

It can be tough knowing exactly what to say when writing to your local authority or care provider and, with that in mind, we’ve prepared several template letters for you to use, free of charge. All the letters contain the precise legal wordings to help you get the answers you need in a range of situations, including when you need to make a:

We have, in partnership with deafblind charity Sense and Monckton Chambers barrister Steve Broach, prepared a series of factsheets and more template letters to help with aspects of Special Educational Needs and Community Care law, including the 2014 Care and Children & Families Acts.

We’re also working alongside Mencap and other partners to produce a set of FAQs to help families and those suffering with learning difficulties to understand their rights – read more about Meeting The Challenge.

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Awards & Accreditation

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

Private Client Team of the Year - Legal Business Awards 2018 The Times Best Law Firms 2019 chambers-2019 legal-500-2019

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

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