COVID-19 Webinars prepared in collaboration with the Dorset Children’s Foundation
In the UK, we have one of the most advanced education, health and social care systems in the world. It is no secret, however, that many NHS bodies and Local Authorities are struggling to meet the ever-increasing demand for community care services because of successive budget cuts.
The Coronavirus pandemic is sadly only going to make it even harder to access the vital services many depend upon to meet their care needs. In response to COVID-19, Parliament passed the Coronavirus Act 2020. Subsequent Regulations and Guidance have given effect to the provisions of the new legislation, which changes access to health and social care.
Headline changes remaining effective include:
- A simplified Hospital Discharge procedure whereby the focus of Discharge to Assess is on discharging patients deemed medically safe for discharge from Hospital the same day.
- Any care package provided to facilitate a speedy discharge from Hospital is to be funded by the NHS. This means it should be provided on a non-means tested basis, for a period of up to 6 weeks. Guidance suggests that only in rare circumstances should the 6 week funded period be extended. During this period, assessments should be completed to determine if a patient is eligible for non-means tested NHS Continuing Healthcare, or, if the patient presents with social care needs requiring support from a Local Authority.
- The previous alterations to Local Authorities’ statutory duties under the Care Act 2014 in relation to adult social care, the temporary suspension on NHS Continuing Healthcare related processes and changes to the special educational needs legal framework contained within the Children & Families Act 2014 have ceased.
For more information about how to access special educational needs provision, health and social care, please click on the links to our dedicated pages in the side bar on the right hand side of this page.
Please do not hesitate to contact our Community Care specialists, for a free, no obligation consultation today.
Coronavirus Act 2020 Community Care Resources
- COVID-19: Guidance on Hospital Discharge, NHS Continuing Healthcare & the Implications on Funding Care
- The Coronavirus Act 2020: An Update on Local Authority & NHS Funded Care
- The Coronavirus Act 2020
- Webinar slides for: Coronavirus Act 2020, Children’s Health & Social Care, SEN & EHCPs
- Read our blog on Care Act 2014 Easements: An Update
- Read our blog on an update on the Coronavirus Act 2020
How can a community care case be funded?
There are a variety of funding options for community care cases. These include:
- A retainer on a time-spent or hourly rate basis. This means we provide an estimate of the likely cost of dealing with an issue and you pay for the time-spent on the case, charged at the hourly rate of the responsible lawyer(s).
- A retainer on a time-spent or hourly rate basis with deferred payment terms. In the case of a client who has a personal injury or clinical negligence claim, an agreement to recover the costs incurred on a time-spent basis through the compensation claim may be available.
- A retainer on a fixed fee basis. This means our community care solicitors agree a fixed fee at the outset to address your instructions.
- CrowdJustice. In appropriate cases, we may recommend exploring the possibility of using CrowdJustice, an online platform for crowdfunding legal fees to assist with the costs of legal advice.
- No win, no fee agreements are available for some cases. In a case where it is appropriate to consider issuing Judicial Review proceedings, we may require you to take out a policy of insurance to protect you from the risk of adverse costs liability.
- Contingency fee agreements. This means we agree to deduct our basic charges and VAT as a % of any monies recovered in the event of a successful outcome. You remain liable for the cost of any disbursements throughout the claim.
- Legal expenses insurance. Often this is included in home insurance policies and it may be used to pay for legal costs.
Our community care solicitors will provide clear advice on the potential funding options available as part of the initial, free no obligation consultation.
Why should I choose Lester Aldridge for my community care case?
- Proven track record of successful outcomes for community care clients.
- Highly responsive, accessible and personalised client service.
- We offer a range of funding options that are tailored towards the circumstances of the case.
- Our holistic approach to identifying all of a client’s needs means that we deliver advice and assistance which is tailored towards maximising the use of statutory entitlements to ensure needs are met.
- Access to a carefully selected pool of expert barristers, independent social workers, capacity assessors, and clinicians to help support resolving community care issues.
- Supported by specialist injury lawyers who can take forward investigating a personal injury or medical negligence claim when a disability, illness or injury arises from an accident or negligent failure.
- Court of Protection Practitioners Association (COPPA) Member
- Committee member of COPPA South Central
- Professional Deputies Forum Member
Connections & Organisations
The Community Care team works closely with the following organisations: