Health & Community Care

11KBW has an exceptional reputation in health and community care law. A wide range of clients come to us for our specialist knowledge of this field and our tireless commitment to their cases. 

Our approach is always underpinned by our awareness of the sensitive issues that arise in this context.

We have acted in some of the seminal cases in this area.  Members of chambers have appeared before the European Court of Human Rights in the leading decisions on the impact of Article 8 in community care and on the use of seclusion in psychiatric detention. We have been at the forefront of litigation challenging cuts to health and community care services. This has included the leading cases concerning closure of services, the human rights obligations binding private sector providers and the use of the ‘personal budget’ in community care.  We have also acted in the cases deciding whether local authorities can refuse to provide community care to people with substantial needs. 

Our barristers use their unrivalled breadth of experience to see a client’s concerns in the round.  We advise on everything from rights to access community care services, to best interests, to data protection of patient’s records, to procurement issues arising from the NHS reforms.  We are regularly instructed in cases involving the disputed boundaries between healthcare, community care services, housing services and children’s services.

11KBW offers an out-of-hours team to deal with urgent community care applications before the Administrative Court and the Court of Protection. 

OUR EXPERTISE

  • Adult community care services, including accommodation under the National Assistance Act 1948 and other services under the Chronically Sick and Disabled Persons Act 1970  

  • After-care services under the Mental Health Act 1983

  • Age assessment disputes

  • Care home fee disputes

  • Children Act 1989 disputes, especially sections 17 and 20

  • Care Standards Tribunal proceedings

  • Court of Protection proceedings

  • Deprivation of liberty

  • Detention under the Mental Health Act 1983

  • Direct payments

  • Discrimination and public sector equality duty challenges

  • Employment disputes and NHS terms of employment

  • Foundation trust regulation

  • Human rights challenges including damages claims

  • Inquests and public inquiries involving health and community care services

  • Inter-authority disputes

  • Leaving and aftercare provision for young adults

  • Looked after children

  • Mental capacity

  • Mental health

  • NHS funding decisions

  • Ordinary residence disputes

  • Partnership and other co-operation with local authorities

  • Protection and lawful disclosure of personal medical information

  • Protection of vulnerable adults

  • Provision of health and community care services to non-British nationals

  • Procurement challenges to provision of services

  • Professional disciplinary proceedings

  • Reconfiguration of healthcare services

  • Transfer schemes under the 2012 Act

Recent Cases
  • Rachel Kamm represents Secretary of State in Court of Appeal

    The Court of Appeal has handed down an important judgment about the role of the Court of Protection and the circumstances in which there is a deprivation of liberty whe...

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  • Court of Appeal Hands Down HIV Drug Judgment

    In R (National Aids Trust & Local Government Association) v NHS Commissioning Board [2016] EWCA Civ 1100 the Court of Appeal considered an appeal by the NHS Commissioning Board (known as NHS...

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  • Joseph Barrett lifts automatic suspension on UK perinatal mortality project

    Perinatal Institute v Healthcare Quality Improvement Partnership [2016] EHWC 2626 (TCC) The High Court has lifted the automatic suspension on the award of the public contract for the delivery and roll-out of a new standar...

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Articles
  • Community Care update in Wales

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  • Continuing Healthcare

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  • Disputes between local authorities under the Children Act 1989, National Assistance Act 1948 and the Care Act 2014

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