Court of Protection and Community Care Law
The aim of the team at Deans Court is to provide expertise across the board in respect of all matters arising from either the jurisdiction of the Court of Protection or within the field of Community Care Law. The latter area (Community Care Law) is primarily litigated within the Administrative Court (Judicial Review). In addition, we will be running regular seminars and events to assist the legal community in the North, together with publications from time to time to supplement those that have already been produced (eg Community Care Law and Local Authority Handbook and Mental Health Tribunals: Law, Practice and Procedure).
Areas in which the team can offer expertise
Court of Protection
- interaction of CoP with parallel legislation (eg NHS & Community Care Act 1990; Children Act 1989; Mental Health Act 1983
- all aspects of decision in relation to care and medical treatment
- Administration and management of finance (e.g personal injury awards)
- Deprivation of Liberty Safeguards
- Enforcement of orders of the CoP
- all aspects of capacity
Community Care Law
- Mental Health Act 1983
- after care and after care plans- duties of local authorities & PCT’s
- charges for services- Guardianship- role and function of nearest relative
- First Tier Tribunal (Health, Education and Social Care Chamber) Mental Health
- representation of parties
- appeal to Upper Tribunal
Assessment of Community Care Needs of Adults
- Fair Access to Services- Direct Payments
- National Framework for Older People
- Duty of care to vulnerable adults
- Chronically Sick and Disabled Persons Act 1970
- Housing and the disabled
Assessment of Community Care Needs of Children
- Disabled children
- Children with mental disorders
- Provision for older children (Leaving Care)
- Chronically Sick and Disabled Persons Act s.28A
- Children Act 2004
- unaccompanied asylum seeking children
- Mental Capacity Act 2005 & Children
- Children detained under the Mental Health Act 1983
- Children as vulnerable patients
Provision of Accommodation
- National Assistance Act 1948
- assessment of needs for accommodation
- closure of homes- Ordinary Residence- Choice of accommodation
- Care Standards Act 2000
- Charging for Residential Accommodation
- Deprivation of capital and assets
- National Assistance (Assessment of Resources) Regulations
- Recovery of costs of accommodation
Health and Social Care
- Distinction between health care and social services
- National Framework for continuing health care
- Liaison between Local Authorities and NHS Bodies
- Involvement of Local Authority in NHS assessments
- NHS test for ordinary residence
- Children and local authorities
- Adults and Long-Term placements
Training
In addition to in-house seminars, it is possible to arrange specific training for organisations on a larger scale. Inquiries in respect of training should be directed in to Martin Leech
TEAM