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Overview

We are the leading Welsh provider of outsourced legal services to local authority adult social services teams. We are on hand to assist with our years of expertise advising on complex and urgent issues impacting on adult social services teams.

We represent local authorities in England and Wales in a diverse range of issues including Court of Protection welfare proceedings, commissioning, ordinary residence, and inquests, dealing with matters from the initial advice stage to the completion of court proceedings. We are also experienced in the defence of adult social services departments, subject to challenge by way of judicial review. We often advise on complex questions concerning local authority responsibilities to specific individuals under the Social Services and Well-being (Wales) Act and Care Act. We also act for local authorities in applications to prevent forced marriage of adults under disability and children.


Why use us?

We act for many of the local authorities across Wales and South West England, with the majority of our work easily appointed through the Welsh Government Commercial Delivery, and Crown Commercial Service frameworks.

Our team can offer advice in English and Welsh.

Specialist safeguarding team

Our dedicated safeguarding team includes practitioners of all levels of experience and has wide-ranging expertise. Our team draws on years of experience across Hugh James assisting organisations and regulators in the public & third, housing, sport, and care sectors with complex and often urgent safeguarding concerns.

We advise organisations on their duties to vulnerable adults and on complex safeguarding issues. We have particular expertise in advising public sector organisations on the Mental Capacity Act 2005 including capacity, best interests, medical treatment, and deprivation of liberty.

We are often called upon to provide training to in-house legal teams on managing court proceedings and case law updates.

Our safeguarding adults expertise includes:

  • emergency advice and applications for adult safeguarding concerns
  • Court of Protection proceedings in respect of health and welfare including:
    • deprivation of liberty
    • DoLs appeals
    • decisions in respect of significant medical treatment or its withdrawal
  • advising on obligations and procedures arising from the Mental Health Act 1983 including:
    • Displacement Nearest Relatives
    • Section 117 aftercare responsibility disputes
  • defence of judicial review claims from pre-action stage
  • inquests including where Article 2 ‘right to life’ is engaged
  • residential educational support claims and defending claims for accommodation and support
  • applications to prevent forced marriage of adults without capacity

Key contact

Connor Hegarty

Associate

Since qualification in 2017, Connor Hegarty has worked exclusively within the field of health and social care, with expertise in mental capacity, mental health, medical treatment, and inquests. Having recently joined the Regulatory team Connor brings his experience of having advised CCGs/ICBs, trusts, health boards, and private care providers regarding these difficult and sensitive areas of law.

Connor also has experience in advising Court of Protection Professional Deputies on inter-related property/financial affairs and health/welfare issues.


Our specialist services

Our areas of expertise include:

  • deprivation of liberty applications
  • proceedings in respect of health and welfare
  • proceedings in respect of property and finance
  • decisions in respect of significant medical treatment or its withdrawal
  • applications to prevent forced marriage of adults without capacity
  • defending claims for accommodation and support
  • displacement of deputies and nearest relatives
  • emergency applications for adult safeguarding
  • residential educational support claims
  • Section 117 aftercare responsibility disputes
  • disputed Continuing Health Care entitlements
  • ordinary residence disputes
  • defending judicial review and Human Rights Act claims

Our clients

  • City and County of Swansea Council
  • Bridgend County Borough Council
  • Cardiff  Council
  • Argyll & Bute Council

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

Call us: 033 3016 2222

Message us