Adult Social Care

Social care and health law

Our solicitors have extensive knowledge of the obligations of both Local Authorities and Health Authorities in respect of Community Care and Health legislation, including Continuing Health Care Assessments, Education Health Care Plans and transitioning from childcare services to adult services.   

Our solicitors are able to offer advice and training around recognising deprivations of liberty arising from care arrangements and how to seek appropriate authorisation in various circumstances and settings, including emergency medical treatment and consent to treatment matters. 

In addition, we are able to advise on transfer of care cases and guide both Local Authority and NHS clients through that process to ensure a speedy resolution. 

We also have broad experience with judicial review challenges and can recognise when the grounds for such a challenge may arise.

Mental Health Act 1983

Our solicitors can advise on the Mental Health Act 1983, its interplay with the Mental Capacity Act 2005 and issues relating to deprivations of liberty in community treatment or discharge situations.  

We can also advise regarding S117 aftercare provisions, as well as advice relating to consultation with and displacement of nearest relatives, and overseeing such applications. 

Furthermore, we can advise on obligations under this Act and advise upon policy and dispute resolution. 

Inquests

Setfords’ Adult Social Care solicitors can assist with developing Coroner Inquest policies and responding to queries, helping to draft witness statements, gathering evidence, and attending hearings. Our solicitors have appeared in various courts representing local authorities and NHS organisations, as well as advising upon risk and liability issues. 

Litigation

Due to budget cuts to the public sector over recent years, the financial burdens facing local authorities and NHS organisations have increased significantly, leading to cuts in services and difficulties in delivering statutory duties. In turn, this has led to various different challenges being brought, including the judicial review of decisions made, claims for damages brought under the Human Rights Act 1998, and civil claims for recovery of sums.  

Our solicitors have defended such claims, negotiated settlements, and have also been involved in proceedings seeking injunctive relief to protect vulnerable parties, particularly to prevent eviction or prevent the disclosure of personal information on social media.  

We can also assist with protecting a client’s interests when complaints are made against other organisations, such as NHS bodies. 

Deprivation of liberty safeguards

 If you believe a vulnerable loved one has had Deprivation of Liberty Safeguards placed upon them unfairly, we can support you in challenging them with the court. A Deprivation of Liberty Safeguard is a legal document restricting freedom. They can be placed upon individuals by hospitals and care homes in order to provide them with care.

Safeguarding and Court of Protection

Our lawyers have been extensively involved with the safeguarding of vulnerable adults from all backgrounds. They have experience in: 

• Applications to the Court of Protection, including cases involving children and young people as they transition into adulthood, and elderly persons lacking capacity.

• Cases including vulnerable adults who may or may not have capacity, and as a result of safeguarding concerns, an application has been deemed necessary.

• Applications to search for registered LPAs and working with the office of the Public Guardian where financial abuse is suspected.

• Applications for short orders in respect of tenancy agreements, for the legal authority to enter into a contract on the tenant’s behalf or to formally end a tenancy where someone has been placed in residential accommodation.

• Working with service users with various vulnerabilities, including dementia, learning disabilities, physical disabilities, children, and people with borderline or fluctuating capacity.

For more information on the Court of Protection Orders and how we can assist, please click here.

Financial Affairs

Our solicitors have extensive experience in recognising where financial safeguarding is required and advising clients accordingly. This involves recognising when an application needs to be made, advising on financial assessments, the applicability of the Care Act 2014, and relevant charging regulations, including direct payments/individual budgets, and Appointeeship, Deputyship, and Powers of Attorney. 

Advocacy

Our adult social care lawyers have a range of experience in advocacy in the Court of Protection, before District and Circuit judges. We also have general advocacy experience, including inquests and applications to displace a nearest relative under the Mental Health Act 1983.   

In terms of practical experience in making applications to the Court of Protection, our lawyers have experience in making applications, responding to applications, making and taking witness statements, instructing experts and analysing evidence, etc., to give advice. 

For more information on the Court of Protection Orders and how we can assist, please click here.

Constitutional and Governance

In addition to experience as Adult Social Care Lawyers, our lawyers have 10+ years of experience of acting for public sector clients. As such, they have a sound knowledge of constitutional and governance issues, especially in relation to decision-making, committees, policies, consultations commissioning and integrated working, including division of responsibility and liability. 

Our solicitors are able to advise on decision-making and avoiding pitfalls that may lead to a judicial review.