Housing Solicitors

Housing and Community Care are distinct areas of law, but there is some overlap between the two, which means that Duncan Lewis’ housing department may be able to assist you with your community care matter. Community care law usually comes into play when decisions by children or adult social services are considered to be unlawful and are challenged by way of judicial review. At Duncan Lewis, some of the common community care issues we deal with are as follows: Children matters: Challenges in relation to section 17 or section 47 Children Act 1989. Section 17 looks at the provision of services for children in need, their families and others meanwhile section 47 covers situations in which a local authority has a duty to investigate whether and which type of action is required to safeguard and promote the welfare of a child. For instance, where there is dispute in relation to a child in need assessment, this may be challenged by way of judicial review. Adult Social Care: The Care Act 2014 is fundamental in supporting people’s independence and well-being by placing individuals and their carers at the forefront of any care and support considerations. At first instance, an assessment of needs for care and support must take place. Care Packages/Adaptations: Where a person’s needs have changed and social services have failed to take this into consideration, this may also give rise to a legal challenge. Furthermore, a person may require adaptations to their home as a result of any health conditions or disabilities and the local authority must take this into consideration to ensure their home is suitable for their needs. It is also fundamental to note that where the Housing Act 1996 is primarily engaged, a local authority is not compelled to carry out duties pursuant to the Care Act 2014. For instance, a requirement for accommodation is not a need for care and support under the Care Act as this falls under Housing Act 1996. If you think that you may have a community care enquiry, please contact us at Duncan Lewis Solicitors to assess whether we may be able to assist you under Legal Aid. About the author: Retha Khan is a trainee solicitor in the housing department at Duncan Lewis Solicitors, based at the Head Office in the City of London. She has wide-ranging experience in housing law, and has assisted numerous clients in relation to homelessness, disrepair and possession claims. Contact her for advice via email at RethaK@duncanlewis.com or telephone on 020 3114 1147. Retha works under housing and property litigation director Manjinder Kaur Atwal, who has more than 15 years’ experience in her field. She is recommended in the Legal 500 directory and tackles a wide variety of housing and property law dispute cases including possession claims and eviction matters, landlord and tenant disputes, homelessness, housing disrepair, appeals relating to local authority housing decisions, boundary disputes, property nuisance/negligence claims and much more. Duncan Lewis is an award-winning Times Top 200 law firm, which is ranked as Top Tier by both the Chambers and Partners and Legal 500 directories. The company represents clients in more than 25 practice areas across 13 key offices nationwide. This year the company was crowned Law Firm of the Year at the Modern Law Awards 2023 and awarded for its commitment to diversity and inclusion.