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Community Care Law

What happens when we are in need of help and assistance with our social care needs or our health needs?

It should be the case that those needs are met by either the Local Authority or the NHS. In law, there is a duty imposed upon them to provide children and adults and carers with those services where such a need exists. This could include provision of accommodation, provision of care services, such as respite care, care at home and also care for someone when they leave hospital.

However, when these bodies fail in carrying out their duties to provide those in need with assistance, we can assist you to challenge the Local Authority or NHS in a number of ways to ensure that you get the care and support that you not only need, but, to which you are also entitled.

At Paladin Advocates & Attorneys, we are experts in the field of Community Care Law. Our skilled team can advise you of your rights in this area and assist you to get the best possible outcome. Paladin Advocates & Attorneys is also able to offer the expertise of our in-house health and welfare advocate, Anne Reed.

Our Services Include

  • Securing appropriate care packages – either in your own home or in a care home;
  • Obtaining NHS Continuing Healthcare funding, including retrospective claims and challenging decisions;
  • Advising you on your rights regarding Best Interest decisions and attend Best Interest meetings;
  • Obtaining respite care and support for both adults and children;
  • Getting access to information and records held by Public Bodies;
  • Challenging breaches of Human Rights due to delays in provision of services.

The Care Act 2014 – What it means for you.

The Care Act is an important piece of legislation that aims to put a person’s wellbeing at the centre of the assessment and decision making process. It places a duty on Local Authorities to promote wellbeing and protect those with care and support needs from abuse and neglect. Rather than trying to put the individual into a certain category, the Care Act ensures that the Local Authority looks at what is important to the individual and how they can help them to achieve their outcomes and promote their wellbeing.
The Care Act places duties on Local Authorities to establish and maintain a service for providing people in its area with information and advice relating to care and support for adults and carers. This service should be accessible for everyone. Many people find it difficult to know where to turn or what to do when a loved one falls ill. Often, it is the case that those caring for a loved one try to make contact with the Local Authority or other agencies for support, but this is not forthcoming, or there may be a significant delay.

The Care Act aims to prevent, reduce or delay a person’s needs for care and support and emphasis is placed on quick intervention and support for both the individual and their carer.

Key Principles of the Care Act 2014

  • Assumption that the individual is best placed to judge their own wellbeing and assumptions should not be made by the Local Authority about what matters most to the person.
  • Considering a person’s views, wishes, feelings and beliefs is critical and the Local Authority should not downplay a person’s own opinions.
  • Preventing or delaying development of needs for care and support or reducing needs that already exist.
  • Decisions made having regard to all the individual’s circumstances and not make judgments based on preconceptions.
  • Participating as fully as possible and being provided with information and support to enable participation.
  • A balance between the wellbeing of the person and the person caring for them by helping them access information and support.
  • Protection from abuse and neglect.
  • Restriction on rights or freedoms kept to a minimum and the least restrictive option applied.

If you need advice about getting an assessment or accessing information about care and support for you or a loved one, our specialist team at Paladin Advocates & Attorneys can talk through the options with you.