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Housing and Community Care are distinct areas of law, but there is some overlap between the two, which means that Duncan Lewis' housing department may be able to assist you with your community care matter.
Community care law usually comes into play when decisions by children or adult social services are considered to be unlawful and are challenged by way of judicial review.
At Duncan Lewis, some of the common community care issues we deal with are as follows:
Children matters:
Challenges in relation to section 17 or section 47 Children Act 1989.
Section 17 looks at the provision of services for children in need, their families and others meanwhile section 47 covers situations in which a local authority has a duty to investigate whether and which type of action is required to safeguard and promote the welfare of a child.
For instance, where there is dispute in relation to a child in need assessment, this may be challenged by way of judicial review.
Adult Social Care:
The Care Act 2014 is fundamental in supporting people's independence and well-being by placing individuals and their carers at the forefront of any care and support considerations. At first instance, an assessment of needs for care and support must take place.
Care Packages/Adaptations:
Where a person's needs have changed and social services have failed to take this into consideration, this may also give rise to a legal challenge.
Furthermore, a person may require adaptations to their home as a result of any health conditions or disabilities and the local authority must take this into consideration to ensure their home is suitable for their needs.
It is also fundamental to note that where the Housing Act 1996 is primarily engaged, a local authority is not compelled to carry out duties pursuant to the Care Act 2014. For instance, a requirement for accommodation is not a need for care and support under the Care Act as this falls under Housing Act 1996.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
