Julie Hinnigan advises clients on community care law, supporting individuals and families where local authorities have failed to properly assess or meet their care needs. She acts for adults and children with physical or learning disabilities, as well as their carers, helping them obtain the support they are entitled to from local authorities and health bodies.
The case
Julie represented ZZ, a 33 year old man with complex needs, including severe learning disabilities, epilepsy, autism and cerebral palsy when a local authority failed to meet his need for 24 hour care despite being notified that a family carer was no longer able to meet night time needs due a deterioration in their own health.
Amongst other failings, the impugned care review wrongly asserted that a local authority could not provide night time care and disregarded evidence of care needs provided by family carers without justification.
The Outcome
The local authority conceded 7 grounds of challenge and was described by the judge as having ‘clearly misunderstood the law governing the assessment process under the Care Act.’
“The position of the local authority was plainly wrong in law and it is disappointing that we had to issue judicial review proceedings before they would revisit their position. Nevertheless, this was a great outcome and the young man’s quality of life – and the quality of life of his family – have improved dramatically since the necessary care has been in place.”
Julie frequently provides early legal advice on individuals’ statutory entitlements as well as challenging unlawful decisions where necessary. She also undertakes Court of Protection work, where this is the most appropriate route for the client. Her practice includes Deprivation of Liberty and welfare cases as well as routine applications concerning finances.
She has particular expertise in care funding issues, including disputes involving top-up fees.
Contact Julie at [email protected]
