Legal Services
A request for legal services support should always be made when:
- a Health and Welfare application is to be made to the Court of Protection;
- an application is to be made to the Inherent Jurisdiction of the High Court;
- another person or organisation has made an application to Court and Lincolnshire County Council need to respond;
- you receive a letter stating that another person is going to make an application to Court;
- you receive a letter from a firm of solicitors about a case which requires a legal response;
- a report or paper is being prepared that requires legal comments.
Decision making
The advice and guidance of legal services can be helpful to support robust and legal decision making when:
- the decision to be made is complex; and
- there are a range of options available; and
- it is not clear from legislation, codes of practice or any other available guidance what decision should be made; and
- the decision is likely to have a significant impact on a person or carer; and
- there is a high risk of complaint or legal challenge.
Decisions could be those under:
- the Care Act (including Safeguarding);
- the Mental Capacity Act (including DoLS); or
- the Mental Health Act 1983.
They could be decisions about:
- eligibility for adult care and support;
- indicative or final Personal Budgets;
- ordinary residence;
- withdrawal of refusal of a Direct Payment;
- what is in a person's Best Interests (including where they should live);
- whether a person lacks capacity;
- the action that should/should not be taken to safeguard a person;
- whether an application to the Court of Protection should be made;
- whether a person is being deprived of their liberty;
- whether an individual’s human rights, such as the right to private and family life, are being interfered with, and the action to be taken.
Complaints and investigations
Whilst legal advice should not be sought as a matter of course, it can be helpful to seek the support of legal services in complex complaints or investigations, particularly when:
- statutory processes and duties are being challenged;
- there are legal implications for the outcome of the complaint or investigation; and
- the matter is likely to go to the Local Government and Social Care Ombudsman.
Whether or not you are instructing legal services for the first time, and in a planned way or in an emergency, it is important that you, as an Adult Care staff member, can get the best out of your legal support. This means that advice can be provided to you in a timely, accurate and informed way which best assists and supports you in your day-to-day practice.
The Instructing Legal Services Quick Guide on the Lincolnshire County Council intranet has been designed to help ensure that practitioners get the best advice from the legal team in the most cost effective and efficient way.
See: Instructing Legal Services Quick Guide
If you wish to contact the legal team, please speak with your line manager as first point of contact, who will seek authorisation from the Area Manager / General Manager if required. A Legal Instruction form will need to be completed to make the referral to legal services.
See: Legal Instruction Form which can be found in Local Guidance and Information in the Local Resource Library.
In Court applications, it is the role of legal services to manage and co-ordinate:
- the application process;
- any correspondence to or from the Court;
- how and when evidence is provided;
- how evidence is organised and submitted to the Court;
- how others are involved in the process, including how tasks may be delegated.
It is also important that they support you in your role, which includes:
- developing your understanding of Court processes;
- supporting you to evaluate the robustness of the evidence you provide;
- advising you about how to complete various court forms appropriately; and
- supporting you during any oral hearings.
To support legal services in their role, you should:
- keep legal services aware of any changes in a matter where they are already involved;
- complete witness statements promptly and before any specified deadline;
- provide up to date information when requested;
- submit evidence to legal services in advance of deadlines so that legal services can offer advice and guidance;
- review statements and sign them when requested by legal services. Legal services cannot submit evidence that is unsigned;
- attend court hearings unless advised otherwise.
Last Updated: January 31, 2023
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