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COMMUNITY CARE 

Including Judicial Review

 

Public bodies such as local authorities, health Trusts and Clinical Commissioning Groups (CCGs) make important decisions about the lives of vulnerable people and their rights to services. Sometimes these decisions are unlawful and may need to be challenged. Sometimes the bodies delay making a decision or do not reply at all and this may also need to be challenged.

 

Judicial review is the main legal process used to hold public bodies to account and to contest unlawful decisions. Judicial review is a complicated and specialist form of legal challenge.  There are very strict time limits for bringing a challenge so it is important to obtain urgent legal advice if you think that an unlawful decision has been made or there has been a delay in making a decision in urgent cases.

 

Unfortunately we no longer carry out judicial review casework under legal aid, as the firm is gradually winding down.

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These are example of cases where challenges may be brought:

 

  • Rights to welfare services, such as help with personal care

  • Services to enable people to remain in their own homes

  • Rights to aids and adaptations in the home

  • Direct payments and personal budgets

  • Support for people on discharge from hospital, or to help safe discharge take place

  • Incontinence services

  • Wheelchair services

  • Support to help people to access the community

  • Challenges to closure of care homes and hospitals

  • Disputes between local authorities and NHS agencies about funding for cases, including NHS funded continuing care

  • Mental capacity issues (see our section on capacity)

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