The issue of adult social care and the legislative framework within which service providers and service users operate has long been criticised for being incomprehensible and outdated. At Zenith Chambers, we have a team of expert Counsel who provide advice, representation and guidance through the myriad of statutes and regulations.
In direct response to an increase in demand by local authorities, social workers and solicitors for expert Counsel in this field, we have formed our niche Adult Care team. Our team led by Jayne Pye offer a number of barristers, including a QC, who have particular experience and expertise in this often complex area of law. We provide expert advice and representation in the following areas:
- Court of Protection: decisions involving care; medical treatment; management of finances; capacity and safeguarding in relation to deprivation of liberty. This area of work is not just limited to vulnerable adults but includes young people over the age of 16.
- Community Care: duty of care owed to vulnerable adults, chronically sick, disabled and the elderly. Cases involving issues under the Mental Health Act 1983 including care plans; duties of local authorities and PCT’s; roles and responsibilities of guardians and representation at tribunals. They have particular expertise in the use of inherent jurisdiction of the High Court for vulnerable adults who do not fall within the Mental Capacity Act 2005.
- Accommodation: all issues relating to care homes; recovery of costs of accommodation; choice of accommodation and the Care Standards Act 2000.
The issue of adult social care and how the most vulnerable in society should be cared for has come under some scrutiny in recent years. This culminated in a full review being undertaken by the Law Commission, who in May 2011 published a set of recommendations to reform the patchwork of conflicting statues that govern what services can or must be provided.
As a result of their recommendations, a new unified adult social care statute is anticipated in 2012. Our team remain abreast of developments in this niche practice area.
We have a number of specialist housing barristers who have particular expertise in adult care issues arising in the context of housing matters.