We help individuals, carers and families challenge decisions about care and support under the Care Act 2014.
We can help with:
Incorrect or inadequate Care Act assessments
Local authority funding disputes
Failures to provide assessed care
Sudden withdrawal of services
Judicial review of unlawful decisions
You may be someone with physical or mental health needs questioning whether your Care Act assessment is correct. You might be a family member concerned that your relative isn’t receiving the care they’ve been assessed as needing. Or you could be paying for care services from your own pocket when the local authority should be funding them – something many people don’t realise they’re entitled to challenge.
From challenging inadequate assessments to resolving funding disputes, we help ensure you receive the care and support you’re legally entitled to. Most of our clients qualify for Legal Aid, meaning expert legal help is available regardless of your financial circumstances. Whether you’re supporting a family member through the system or believe you’re paying for care the council should fund, we’re here to guide you through the complexity and bridge the gaps in care provision.
Community Care law covers a broad range of situations where local authorities have duties to assess, provide, or fund care services. We help people with physical or mental health care needs, along with their carers and families, understand their rights and options.
Our team challenges Care Act assessments that are inadequate or incorrect, ensuring authorities properly evaluate your needs. We resolve funding disputes where people are paying privately for care that should be local authority funded. When councils don’t provide the services they’ve said you need, we take action to make sure you get them.
We also address situations where care resources are withdrawn: day centres closing, respite care being cut, or support services being reduced without proper consideration of individual needs.
Our Community Care specialists works closely with our Mental Health, Court of Protection, and Public Law teams, so we can support you through every stage of your case. If letters and meetings don’t resolve the problem, our Public Law colleagues can take your case to court through judicial review, making sure you get the full support you need.
Every client’s situation is different, and our processes reflect that. We tailor everything to your communication preferences and individual circumstances. Some clients want detailed legal explanations, others prefer us to handle everything and keep them informed of outcomes. We adapt to what works best for you.
Our Community Care team builds long-term relationships with clients, often supporting people for years rather than just through single proceedings. We understand that care needs evolve, and we’re here to provide ongoing advice even when you don’t have active legal proceedings running. This continuity means you always have specialist legal support when new issues arise.
We don’t let clients fall through the gaps. Even when your situation doesn’t fit neatly into traditional legal categories, we provide the support you need to understand the process and fight for what’s right.
We start every case the same way: meeting with you so we can fully understand your situation. But we don’t require you to complete lengthy means assessments before this initial meeting. We prefer to see you first and handle the paperwork afterwards. This means you get immediate access to specialist legal advice, even if we’re not yet certain about your eligibility for Legal Aid.
Most of our clients, however, do qualify for Legal Aid, which covers our costs entirely. For those who don’t initially qualify, we’ll still provide that first meeting and clear advice about your options. We believe getting the right legal guidance early is crucial, regardless of funding arrangements.
During our initial assessment, we explore every aspect of your care situation. We look at your Care Act assessment, any correspondence with local authorities, and the support you’re currently receiving or paying for. We then explain your rights clearly and outline the different ways we might be able to help. Whether that’s challenging an assessment, pursuing funding disputes, or escalating to judicial review, we’ll guide you through each step and keep you informed throughout the process.
Every Community Care situation is different, but our clients often face similar challenges with local authority decisions. Here are some of the most common situations where we provide representation and advice:
You may feel that your assessment doesn’t properly reflect your needs, or that important factors have been overlooked. We thoroughly review assessments to ensure they capture all relevant aspects of your physical or mental health requirements and challenge local authorities when assessments are inadequate or incomplete.
Many people don’t realise they may be entitled to local authority funding for services they’re currently paying for themselves. We review your situation against Care Act criteria and explore whether you should be receiving funded support rather than using your own resources.
Local authorities sometimes don’t provide the care services they’ve said you need, leaving you without proper support. We challenge councils when they fail to deliver what their own assessments say you should be getting.
Day centres, respite care, or other support services may be cut without proper consideration of your individual needs. We challenge decisions to withdraw care resources and fight to ensure you continue receiving the support that’s essential for your wellbeing.
Our team brings together expertise from across our Mental Health, Court of Protection, and Public Law departments to support individuals and families dealing with complex care situations.
Senior Solicitor | Court of Protection | Accredited Legal Representative Mental Capacity Welfare Accreditation Scheme
Court of Protection Department | Community Care Department | Solicitor | Head of court of Protection Department
She was admitted to the roll as a solicitor in 2009 and worked as a solicitor-advocate for a specialist Child Law firm representing parents and children, through their appointed Guardians, in child care proceedings. Whilst there, Danielle became a member of the Law Society Children Panel and Association of Lawyers for Children.
Danielle now specialises in representing vulnerable clients who lack mental capacity, before the Court of Protection, primarily in health and welfare proceedings.
She works closely with her clients, their families and all professionals involved to ensure that decisions are made in the best interests of every client and she has acquired a wealth of experience working on a variety of complex cases.
Danielle has always been passionate about defending the rights of others and she has dedicated her career to advising and helping clients to ensure the best possible outcome.
Danielle is highly professional and her approach to clients is always confident yet compassionate.
In her spare time, Danielle enjoys spending time with her family and friends, music, travelling and yoga.
Court of Protection Department | Community Care Department | Senior Solicitor | Accredited Legal Representative Mental Capacity Welfare Accreditation Scheme
Jeanette also spent some time teaching legal knowledge and professional and functional skills to post-graduate law students on the LPC and to business and legal apprentices.
Jeanette is a highly experienced, valued member of the Court of Protection department.
What is a Care Act assessment and can I challenge it?
A Care Act assessment is the local authority’s duty to identify your needs for care and support under the Care Act 2014. If your assessment is inaccurate, incomplete or doesn’t reflect your physical or mental health needs, we can challenge it and ensure your eligible needs are properly recognised.
What can I do if the council refuses to fund my care?
Local authorities must fund care for people who meet the Care Act eligibility criteria. If you are paying privately for services that should be funded, or if funding has been wrongly refused, we can challenge the decision and resolve disputes around financial assessments, eligibility and personal budgets.
What if the council has assessed my needs but isn’t providing the services?
Local authorities must meet the needs they themselves have assessed as eligible. If services such as home care, respite care, day services or support hours are not being delivered, we can take action to ensure the council complies with its legal duties.
Can I challenge a sudden reduction or withdrawal of care services?
Yes. If respite care, day centres or support services are being cut without proper consideration of your individual needs, this may be unlawful. We challenge decisions to withdraw or reduce care and push for appropriate support to be reinstated.
Do you help carers or family members supporting someone with care needs?
Absolutely. We support carers and families who are trying to navigate the Care Act system, ensure correct assessments and secure the right care package for their loved one. We also challenge decisions that place an unfair burden on unpaid carers.
Can you help with disputes about direct payments or personal budgets?
Yes. We challenge reductions in personal budgets, refusals to offer direct payments and decisions that do not reflect the true cost of meeting your assessed needs.
What if I think the council is acting unlawfully or delaying my case?
Unlawful delay, failure to assess, failure to review a care plan or failure to provide services can all be challenged under public law. Our Public Law team can step in with pre-action letters or a judicial review if the council is not meeting its legal duties.
Do I qualify for Legal Aid for community care cases?
Many community care cases qualify for Legal Aid, including challenges to assessments, funding disputes and judicial reviews. We assess eligibility at the first meeting and explain any contribution requirements clearly.
Read about recent legal developments in community care law and how our cases are making a difference for individuals and their families.
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