Adult Social Services

Hugh James advises local authorities on all aspects of their adult mental health obligations.

The team is headed by Mark Powell QC who sits as a Mental Health Tribunal Judge and has significant experience of mental capacity, mental health and adult protection work.

The team’s general advisory work extends to all aspects of health and social care drawing upon our wider experience of advising the Care Council for Wales and bringing proceedings on behalf of the Care and Social Services Inspectorate for Wales.

The largest single piece of advisory work undertaken by the team during 2015 was the provision of advice to a group of 13 local authorities on the application of the Care Act 2014 and its implication for their continued responsibilities to older people. This work involved the drafting of detailed documentation as well as detailed written advice.

Mark Powell has decided a number of significant public interest immunity matters when sitting as a Deputy High Court Judge. In addition to our experience of PII issues in the Adult Services field, we have significant PII experience in the Children’s Services and criminal prosecution fields. We are contracted as one of three providers of PII and disclosure advice to a quartet of local authorities in South West England.

We have significant experience of judicial review proceedings pertaining to the adult social services field. By way of example, we acted in three such cases during 2015.In each case the claims were successfully defended. The cases related to:

  • a claim for accommodation and support  made under the National Assistance Act 1948 on behalf of an asylum seeker with physical and learning disabilities. This claim was successfully defended before the High Court and a subsequent appeal to the Court of Appeal was withdrawn
  • a claim for residential educational support made on behalf of a severely disabled young adult
  • a claim brought against a local authority in its role as education authority brought under the Equality Act and relating to the educational and welfare provisions made for a disabled primary school pupil.

We regularly act for Welsh local authorities in contested court of protection matters. The team’s recent experience includes cases which cross boundaries into the team’s other specialist practice. By way of illustration, we applied for and obtained a Forced Marriage Protection Order on behalf of a young adult with limited capacity. Hugh James has a significant wider Court of Protection practice, acting as Deputy for many individuals without capacity and our Adult Services team is also able to draw on this experience when required.


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Cardiff
Hodge House
114 - 116 St. Mary Street
Cardiff, CF10 1DY
Tel: 029 2022 4871
Fax: 029 2038 8222


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Temple Chambers
3-7 Temple Avenue
London, EC4Y 0DA
Tel: 020 7936 3453
Fax: 020 7936 3437


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