Social care services
The social care sector, for both children and adults, is large and dynamic involving public, private and charitable organisations.
Our team of specialist social care lawyers are dedicated to providing comprehensive legal support to local authorities across England and Wales. We understand the pressures facing council legal teams - from severe staffing shortages to unpredictable demand spikes. We're not here to replace your in-house team; we're your elastic add-on, providing expert capacity exactly when and where you need it.
What we do
- Our clients: Over 50 local authorities, registered charities, residential and domiciliary care providers, insurers, sports governing bodies, religious organisations and inspectorates including the Care and Social Services Inspectorate Wales.
- Over 20 years' experience: We act for inspectorates, conduct child and vulnerable adult protection audits and policy reviews and attend risk management committees.
- 20 dedicated social care lawyers: Based in Nottingham, Exeter, London and Birmingham, the largest specialist team in private practice.
- Ongoing training: On the latest social care regulatory developments and government guidance.
"They always try to understand and represent the client's business through their eyes, while challenging preconceptions to provide the best advice and guidance."
Why choose us?
We understand your challenges in social care:
- 23% of council legal posts are vacant (as of October 2023).
- Commercial and property law expertise (essential for large care contracts) is hardest to recruit.
- Demand spikes (particularly DoLS applications) create capacity crises.
- Complex public law and human rights cases require specialist knowledge.
Your solution
- Elastic legal support: We recognise that local authority legal teams need legal solutions that are tailored to their specific needs and goals. We take the time to understand our clients' objectives and work closely with them to develop strategies to help them achieve success. We take a practical and business-oriented approach, providing expert support that complements your in-house team without competing with them.
- A track record of reducing costs for clients: Our work in social care liability, from duty of care to vicarious liability, has helped set precedents that reduce the volume and cost of claims against local authorities. We understand the financial pressures on councils and work to protect their position.
- Largest specialist social care team in private practice: Our team of dedicated social care lawyers has an unrivalled reputation in the social care arena. Our partners have taken cases to the Court of Appeal and the Supreme Court, and we have a particular focus on managing costs effectively for our clients.
- Specialist defendant litigation expertise: Our technical claims and social care specialists act for a range of insurers and public bodies including local authorities, NHS trusts, housing authorities and academy trusts, with a particular specialism in sex abuse and social care claims.
Social care legal services
- Deprivation of Liberty Safeguards (DoLS) and Mental Capacity Act: Processing DoLS applications, Best Interests Assessor reports, and Court of Protection applications to help tackle backlogs.
- Routine adult social care advice: Care Act duties, eligibility determinations, care planning, and ordinary residence disputes.
- Children's care proceedings: Care proceedings, emergency protection orders, and placement and adoption orders.
- Community care legal advice: Children in need, leaving care duties, and housing for young people.
- Contract management: Drafting and reviewing supplier contracts for domiciliary and residential care.
- Judicial reviews and human rights claims: Defending challenges to assessments, care package decisions, and Human Rights Act compliance.
- High-cost disputes: Section 117 aftercare disputes and Continuing Health Care (CHC) funding disputes with the NHS.
- Out-of-area placements: Multi-authority placements and liability disputes.
- Inquests: Representation in complex coroner's inquests regarding fatalities in care settings.
- Large-scale procurement and service restructuring: Care facilities and major home-care contract procurement, joint ventures, Design Build and Operate (DBO) models, and Teckal-compliant structures.
- CQC/Ofsted challenge: Challenging inspection ratings, enforcement actions, and warning notices.
- HSE investigations: Representation in criminal investigations regarding serious accidents or negligence.
- Deprivation of Liberty Safeguards (DoLS) and Mental Capacity Act: Processing DoLS applications, Best Interests Assessor reports, and Court of Protection applications to help tackle backlogs.
- Routine adult social care advice: Care Act duties, eligibility determinations, care planning, and ordinary residence disputes.
- Children's care proceedings: Care proceedings, emergency protection orders, and placement and adoption orders.
- Community care legal advice: Children in need, leaving care duties, and housing for young people.
- Contract management: Drafting and reviewing supplier contracts for domiciliary and residential care.
- Judicial reviews and human rights claims: Defending challenges to assessments, care package decisions, and Human Rights Act compliance.
- High-cost disputes: Section 117 aftercare disputes and Continuing Health Care (CHC) funding disputes with the NHS.
- Out-of-area placements: Multi-authority placements and liability disputes.
- Inquests: Representation in complex coroner's inquests regarding fatalities in care settings.
- Large-scale procurement and service restructuring: Care facilities and major home-care contract procurement, joint ventures, Design Build and Operate (DBO) models, and Teckal-compliant structures.
- CQC/Ofsted challenge: Challenging inspection ratings, enforcement actions, and warning notices.
- HSE investigations: Representation in criminal investigations regarding serious accidents or negligence.
Featured experience
Sheffield City Council
Advising on the procurement of 16 contracts to replace previous arrangements for providing home care services across the city, including complex TUPE drafting and strategic procurement advice when a potential challenge arose during contract award.
DoLS - effective multi-agency collaboration
Effective multi-agency collaboration in complex DoLS cases, helping authorities navigate the challenging backlog whilst ensuring compliance with legal duties.
Supporting a local authority through complex supplier disputes
Supporting a local authority in a complex supplier dispute and successful transition to a new provider. Dispute included commercial disputes, overpayment issues, and threatened JR of service user care plans and of MO decisions.
Integrated care system transitions
Guiding a local authority on their transition to being part of an integrated care system, including reviews of structures and governance.
Frequently asked questions
We understand that local authorities often face urgent capacity challenges. Our flexible resourcing model means we can mobilise quickly to support your team, whether you need assistance with a sudden spike in DoLS applications or a complex judicial review.
Absolutely. We are designed to be an elastic add-on to your existing team, not a replacement. We work collaboratively with your in-house lawyers, complementing their knowledge and capacity whilst respecting the relationships and expertise they have built.
Yes. Our team has deep expertise across both adult and children's social care, from routine Care Act advice to complex care proceedings, safeguarding matters, and high-stakes judicial reviews.
We have the largest specialist social care team in private practice, spanning Nottingham, Exeter, London and Birmingham, with over 20 years' experience. We understand the public sector context and the pressures you face.
Key contacts
Sarah Erwin-Jones
Partner
Helen Rideout
Partner
Leah Jones
Partner