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  • Community Care

Community Care Solicitors

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If you are, or you care for, one of the thousands of people nationwide who depend on accessing community care every day, losing that care can leave you feeling at risk and alone, unaware of your rights.

At Irwin Mitchell, our specialist community care solicitors have decades of experience tackling the legal issues that surround care services, including the changes to the law under the Care Act. We’ve successfully helped our clients seek justice for a range of legal problems, including:

  • Failure to carry out a community care assessment
  • Failure to provide a suitable level of care following an assessment
  • Withdrawal or reduction of a previous level of care
  • Closure of care facilities such as day centres, respite centres, care homes or transport services

If you, a loved one, or someone you care for needs to challenge a community care decision then please get in touch. You can either call us on 0800 028 1943 or fill in our contact form and we'll call you back. 

We understand how sensitive some of the issues around community care can be, especially when you depend on those services in your everyday life. We want to put every client first, to get you the result you deserve and access to the care you need with minimal disruption to your everyday life.

What services do our community care solicitors offer?

We can assist or advise you in challenging a community care decision, whether you are a disabled person, or a carer or family member of a disabled child or adult, or an advocate working in the field of community care. We have also created a range of factsheets and template letters to help you understand the law and to help you both understand the law under the Care Act 2014 and make requests to your council or local authority.

Care needs assessment and care plan review - £750 + VAT

This covers a review of the Care Act care needs assessment and care and support plan. We’ll advise on whether the assessment and care plan are lawful and whether there’s enough evidence to challenge the findings of the care needs assessment.

Community care legal review and advice meeting - £350 + VAT

We offer a one-hour meeting (via Microsoft Teams or telephone) to discuss your legal options for challenging a local authority’s decision.

Offices nationwide
Leading national community care solicitors
Involved with the leading Supreme Court community care cases
Legal aid may be available

Call one of our team free on

0370 1500 100

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Yogi Amin
Yogi Amin Partner Meet Our Team

Community Care - More Information

Legal Aid is still available for this area of law. Although Legal Aid is means tested, that means test is usually done in relation to the individual who has the benefit of legal representation. This means that if you’re the person claiming social services or healthcare, it’ll usually be you who gets means tested. If your income is from state benefits, or if you’re on a low income and don’t have any significant savings, then you’re likely to meet the means test for legal aid. The income or savings of other family members isn’t usually taken into account.

Some of our clients also fund their cases through Legal Expenses Insurance, and most pay nothing for our advice. Whatever your funding method, we will always advise you on how best to fund your case so, if you have any questions, feel free to get in touch either via our contact form or by calling us on 0800 028 1943.


Yes. Often the person who needs community care will not be in a position to seek advice, either because they are a child or as a result of their disability. In such situations a family member, carer or other suitable person can seek advice on their behalf.

In many of our cases “litigation friends” are appointed to act on behalf of children or adults who do not have the mental capacity to make decisions themselves.

With expert solicitors based in offices throughout the UK, we are recognised as a top tier firm for Community Care law. As the leading experts in this area we have a strong track record of successfully challenging community care decisions.

Meet the team

Client quote

Without Irwin Mitchell challenging the Local Authority we would still be awaiting an answer.”

Client's father

Housing Secured For Disabled Refugees


We successfully challenged a local council’s refusal to provide housing for a disabled refugee couple.

Sheikh Hayat and Iffat Naureen are Ahmadi Muslims who had fled religious persecution in Pakistan and had come to the UK to seek refuge. Ms Naureen had significant mobility difficulties while Mr Hayat is registered blind and lives with multiple health problems. Their initial applications for asylum in the UK were rejected and they had their Home Office accommodation withdrawn.

Salford City Council assessed the couple's needs but concluded that they did not qualify for social housing. We issued an urgent application for judicial review for the couple. It was successful and the Council was ordered to provide accommodation.

While in the Court-mandated accommodation, the couple were able to successfully apply for asylum and are now able to seek benefits and accommodation through 'mainstream' channels.


“Irwin Mitchell’s team is knowledgeable and professional and they presented our case with passion to achieve spectacular success.” - Sheikh Hayat, Client

Read More Client Stories

Frequently Asked Questions

What Is The Care Act?

The Care Act sets out to meet the needs of our growing and ageing population, being billed as the most important piece of social care legislation in the last few decades. The Act aims to consolidate current laws around social care, whilst including some new reforms to develop better rights to support.

Following recent cases of neglect, the Act provides a great amount of protection for more vulnerable members of the community. It also ensures that your rights to care and support are strengthened in cases where there are cuts to local authority funding.

Alongside the legislation itself, new regulations and statutory guidance have been introduced to outline how social care will be provided to adults and their carers.

To find out more about the Care Act and how it may affect you, read through our factsheets about the act or view our Care Act infographic.

Why Choose Our Community Care Lawyers?

With our large team of experienced lawyers working across the country, we’ll always have experienced experts on hand to help, wherever you are in the UK.

We are consistently recognised in legal directories as one of the leading firms in this field and our lawyers have been involved in some of the most high profile community care cases, including R (McDonald) v Royal Borough of Kensington and Chelsea and R (KM) v Cambridgeshire County Council, the two leading Supreme Court cases of recent years. Both cases involved challenges to council decisions to cut community care services and both had far-reaching national consequences.

We have close links with a number of disability charities who regularly ask us to assist their members and we are frequently instructed by charities to intervene in cases where significant points of law arise.

Our lawyers frequently deliver lectures and undertake cases that promote the rights of choice and control for disabled people, and we regularly lead the way in acting for disabled clients. Many of our cases push the boundaries of the law and raise issues of a wider public interest.

If you would like to challenge a community care decision, then please call us on 0800 028 1943 or fill in our contact formand we will call you back.


What Can I Do To Contact The Council Myself?

If you need to apply for funding, or make a formal complaint to your local council, you can download one of the below precedent letters in Word format:

  • Continuing Healthcare Appeal
  • Formal Complaint – Unlawful Cut to Services
  • Formal Complaint Under Council’s Complaints Procedure
  • Formal Complaint Under CCG’s Complaint’s Procedure
  • Request to Consider Eligibility for Community Care Support
  • Request for NHS Direct Payments
  • Appeal Against Refusal to Award NHS Direct Payments

If you need to challenge a decision and need specialist legal advice, then please get in contact to discuss your case with our community care experts. Please call us on 0800 028 1943 or fill in our contact form and we will call you back.


Related Information – Community Care

Court of Protection – How we can help protect people with reduced mental capacity
Factsheets & Template Letters - Downloadable resources you can use to make sure your family's rights are respected
Special Educational Needs Solicitors - We can help your child get the SEN support they need
Mental Capacity - More information for people involved with mental capacity disputes

About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

We have offices around the UK so wherever you are, our experts can help.

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