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Community Care is the term used to describe services provided by public authorities to adults and children to meet their needs arising from their disabilities. 

Services they may need could include assistance with care at home, respite care, adaptations to their property, care homes and nursing homes. 

Jemma Garside, our specialist Community Care solicitor has extensive experience of assisting individuals with disabilities and their family members dealing with issues related to their care needs.

Our clients face a wide variety of problems when dealing with public authorities in order to secure the support that they need. Read on to find out about the type of support that we could offer in dealing with these services.

What we do

We can assist clients in bringing challenges to statutory services. Our first step will be to establish whether there is an appropriate statutory complaint mechanism or whether the issue can be resolved through mediation.

The majority of cases will resolve amicably but in certain situations the cases have to be determined in the High Court in a Judicial Review or in the Court of Protection where the individual concerned lacks capacity to make decisions.

Common community care issues

There are a number of different issues that could arise in Community Care it is such a broad and diverse specialism. Some of the more common issues that we have assisted with include:

  • Refusals to assess needs
  • Delayed assessments
  • Disputes in respect of care provision offered by the authorities
  • Insufficient care packages
  • Premature withdrawal of support
  • Charges for services
  • Adaptations to the home to meet care needs
  • Direct payments and personal budgets
  • Arbitrary panel decisions

Who can we help?

We advise clients, their carers, case managers and professional Deputies in securing services from statutory authorities. We have a wide client base and can assist a variety of individuals with cases including:

  • children with disabilities and their parents
  • disabled adults and their carers
  • care for the elderly
  • former Armed Forces personnel and veterans

How we can help children with disabilities and their parents

Caring for a child with disabilities can be hard work without any support in place. Many of our clients are often surprised to know that they may be entitled to help  from their local authority or the NHS; often they have been told that their child “doesn’t meet the criteria” or isn’t “eligible” but this is often not the case.

We can assist parents navigate the complex laws and procedures in order to access a wide range of help that they may need. This can help with both maximising the potential of the child and also ensuring that their parents can continue caring for their child without becoming exhausted, improving their overall quality of life.

The type of case that we specialise in includes:

  • NHS Continuing Healthcare
  • Local Authority Funding
  • Charges for Care
  • Hospital discharge issues
  • Residential Educational placements
  • Social Care Provision in EHCP

Dealing with authorities can be confusing and parents often find it hard to understand the processes involved, often feeling like they have to constantly fight to secure services their child should be entitled to.

We understand how difficult it can be for parents and the importance of being able to understand what is happening. We will provide you with clear advice throughout your case and support you so that you don’t feel that you are being left to fight alone. 

Support can come from either a local authority or NHS, depending on the child’s level of need.

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How we can help disabled adults and their carers

We help adults with needs for care and support and their carers in obtaining the services they are entitled to from public authorities.

We can assist clients navigate the complex laws and procedures in order for them to access a wide range of services. The type of support they may need could include specialist equipment, care or even a move to a specialist residential facility. 

The types of assistance we can assist clients in obtaining include:

  • NHS Continuing Care
  • Local Authority support
  • Mental Health aftercare
  • Court of Protection Welfare Orders

Dealing with authorities can be confusing and people can find it hard to understand the processes involved, often feeling like they have to constantly fight to secure services they are entitled to. People are also worried about the costs and how this may affect their loved ones.

We understand how difficult it can be and can guide you through every step. We will provide you with clear advice throughout your case. 

Support can come from either a local authority or NHS or both, depending on the adult’s level of need.

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Care for the elderly

Our elderly clients often come to us after years of being overlooked by statutory services leading them to crisis point.

We have considerable experience in providing clear and valuable advice to elderly individuals needing assistance with their community care issues.

The first contact with statutory services can be an intimidating and overwhelming experience for clients and their families, particularly when they have never had any dealings with them before. We can help relieve some of the confusion and anxiety that clients can feel by offering honest, impartial advice about their situation.

Clients that have come to us in the past have had issues including:

  • Being unable to manage at home due to lack of care and support leading to frequent hospital admissions
  • Delay in being discharged from hospital due to lack of co-operation between NHS and local authority when planning for discharge care arrangements
  • Being told that they must move into a care home against their wishes
  • Concerns around charges for care
  • Obtaining support for their carers
  • Best interests decisions for those who have lost capacity to make decisions about their residence and care

We ensure that our vulnerable clients are not overlooked and support them through these difficult issues. We have noticed that communication can be a key factor as clients are simply often not told what is happening so they do not know what to expect. We ensure that our clients are well-informed throughout and obtain the right outcome for them.

We recognise that clients will need to continue working with statutory services long after our involvement so will always do our best to ensure that the working relationship between the client and the services is not compromised. For this reason most cases are resolved, with a favourable outcome for our client, without the need to seek recourse from the Courts.

One of the most common concerns our clients have is whether they will have to pay for their care leaving their loved ones in financial jeopardy. We help our clients ensure that they only pay what the law requires them to pay and not a penny more.

There are occasions where our client’s health conditions are so severe that support from social services will not suffice. In these circumstances funding should come from the NHS but quite often the process of securing such funding is long and complicated. We can help this process, pushing for it to be placed on the “fast-track” where appropriate.

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Former Armed Forces personnel and veterans

We work closely with veterans and their loved ones to secure assistance from statutory authorities. We recognise that the challenges they may face are unique and wide-ranging and requires specialist knowledge of the issues that could arise.

We have developed community links with charities and organisations supporting veterans which has allowed us to gain a better insight into the needs of veterans and their family members. The most common issues to arise include:

  • Getting the right support to live independently
  • Obtaining services required to aid the transition back to civilian life
  • Supporting family members and carers

Our wealth of experience ensures that our clients and their family members are fully advised of their rights.

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Meet your team

Ruth Meyer

Partner

Anne Pearson

Senior manager - Court of Protection

Alexander Wright

Senior associate - solicitor

Jemma Garside

Associate - solicitor

Charlene Hughes

Associate - solicitor

Jamie Woods

Associate - solicitor

Alex Edwards

Solicitor

Thomas Green

Paralegal

Lauren Hall

Paralegal

Nadine Silas-Richards

Paralegal

Victoria Stewart

Paralegal

Emma Wheeldon

Paralegal

Georgie Whitworth

Paralegal

How do I know if I am entitled to assistance?
What will happen after the Assessment?
What is a Decision Support Tool or DST?
What is the process for getting assistance for my disabled child?
What is a Judicial Review?
I own my home; will I have to pay for the care I receive?
I received an award for a Personal Injury, will I have to pay for my care?
What are your fees?
Are your costs very high? Can I afford you?
What is a Care Act Assessment?
How long will it take for a Local Authority to provide me with support?
How long will it take for the DST to be approved?
How do I challenge an assessment?
What decisions can the Court of Protection about residence and care?
Will I have to sell my home to pay for my care fees?
Why is my discharge from hospital being delayed?
What are disbursements?
Do you offer legal aid?

Community Care cases

Awards & Accreditations

Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients

What our clients say

Our clients constantly recognize us as the most experienced, professional, efficient and supportive

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"The biggest thank you "

Just would like to say the biggest thank you to you and Mary, Alexander, Charlotte, Georgie and the rest of the team who helped purchase the house for us! It is our dream house and the little one was so excited yesterday when I told her that we have now got the keys, and she cannot wait until Saturday when we finally move in. She loves the space there and was running around everywhere last night, and loves the fact that we can feed a mum fox and her two Cubs every night. So thankyou !! We really appreciate it from the bottom of our hearts.

Boyes Turner client

"Knowledgeable, organised, responsive, diligent, empathetic and human"

I deal with many legal firms during the course of my work and have found the Court of Protection team at Boyes Turner to be, 'simply the best'. Anne Pearson is the most consistently proficient and pleasant professional to work in partnership with. A clear focus of keeping the client at the centre of the work is always evident. I could not recommend her expertise and attitude more highly.

Heather Miller, Independant Case Management

"Beyond the call of duty "

It is a pleasure and a privilege to work with Anne Pearson, Senior Manager in Boyes Turner Solicitors’ Court of Protection team because she goes far beyond the call of duty to ensure that her vulnerable clients and their families are supported in the most difficult and distressing circumstances. Her professionalism is matched by her sincere care for her clients. Families facing the daunting process of applying to the Court of Protection to obtain Deputyship for a relative who has lost mental capacity could not receive better advice and support. 

Alison Hesketh, TimeFinders

"Professional and efficient"

Everything was handled in a friendly and sympathetic, but also professional and efficient, manner. 

Irene Dowdall

"Thank you for a great result"

On behalf of my myself and my family, I would like to thank you for keeping us informed through every stage, and negotiating a great result. 

Boyes Turner client