Local Authorities and the NHS have duties to assist those with care needs depending on their individual circumstances. It can sometimes be a difficult process for individuals to navigate the system to obtain the help they need. To help you get the assistance you need, we have put together these pages to give you some guidance on what your rights are.
You will see in the top navigational menu that there are also sections that cover the Care Act, example letters and cases and a resource page.
The DLS team has accumulated a wealth of experience providing advice and representation to those with disabilities, and their carers, with their community care issues. These include, but are not limited to:
- Assessments of need;
- Charges for care;
- Right to dignity;
- Legal issues relating to problems with independent living services;
- Residential care;
- Funding for care;
- Cuts to services;
- Continuing Health Care;
- Disabled Facilities Grant / adaptations to the home; and
- Direct Payments / Personal Budgets.
Please remember that community care not only involves care that is provided by Local Authorities, but also care provided by the NHS through Continuing Health Care. Some of the types of problems that we can provide assistance or advice on are available in our case examples page.
How we can help you
We give advice about all aspects of community care law. We can provide advice over the phone or in writing. Should your particular circumstances warrant further advice or assistance, then we may be able to formally take a case on under the Legal Aid Agency’s Legal Help scheme.
In order for us to take on a case under the Legal Help scheme, you must be financially eligible for Legal Help. We will be able to discuss this with you when you contact us. Under the Legal Help scheme, we are able to give general advice, correspond with third parties, assist in making complaints to Local Authorities and/or CCGs, assist with complaints to the Local Government and/or Parliamentary and Health Service Ombudsmen, and access information.
In some circumstances, it may be necessary to take a case to court – e.g. in order to challenge a Local Authority’s failure to provide services. We have experience in the Judicial Review procedure and we have a contract with the Legal Aid Agency to obtain Legal Aid funding (subject to merits and financial eligibility) which can cover the cost of proceedings in the High Court.
As a legal charity we are currently only able to provide representation for cases in London, but we can provide free advice across England and Wales. If you would like representation, please see the following page: http://www.dls.org.uk/representation.
We provide bespoke training on many aspects of Community Care law, including mental capacity. If you want to organise training for your organization, then please click here.