Legal Services

1. When to Request Legal Services

When a request must be made

A request for legal services support should always be made when:

  1. An application is to be made to the Court of Protection for anything other than Property and Affairs Deputyship;
  2. An application is to be made to the High Court;
  3. Another person or organisation has made an application to Court;
  4. You receive a letter stating that another person is going to make an application to Court;
  5. A report or paper is being prepared that requires legal comments.

Note: If a Property and Affairs Deputyship application is needed you should not request legal services but instead refer to the Appointeeship and Deputyship procedure by clicking here.

When a request can be made

Decision making

The advice and guidance of legal services can be helpful to support robust and legal decision making when:

  1. The decision to be made is complex; and
  2. There are a range of options available; and
  3. It is not clear from legislation, codes of practice or any other available guidance what decision should be made; and
  4. The decision is likely to have a significant impact on a person or carer; and
  5. There is a high risk of complaint or legal challenge.

Decisions could be those under:

  1. The Care Act (including Safeguarding);
  2. The Mental Capacity Act (including DoLS); or
  3. The Mental Health Act 1983.

They could be decisions about:

  1. Eligibility for adult Care and Support;
  2. Indicative or final Personal Budgets;
  3. Ordinary residence;
  4. Withdrawal of refusal of a Direct Payment;
  5. What is in a person's Best Interests (including where they should live);
  6. Whether a person lacks capacity;
  7. The action that should/should not be taken to safeguard a person;
  8. Whether an application to the Court of Protection should be made;
  9. Whether a person is being deprived of their liberty
  10. Whether any of a person's other human rights, such as the right to private and family life are being interfered with, and the action to be taken.

Depending on the circumstances it may also be appropriate to seek guidance from the Professional Standards and Safeguarding Team.

Complaints and investigations

Whilst legal advice should not be sought as a matter of course, it can be helpful to seek the support of legal services or the Professional Standards and Safeguarding Team in complex complaints or investigations, particularly when:

  1. Statutory processes and duties are being challenged; and
  2. There are legal implications for the outcome of the complaint or investigation.

2. Requesting Legal Services

Formal instruction

Legal services can only accept instructions from nominated officers, who are called Instructing Officers.

If you believe that the situation warrants the formal instruction of legal services you should discuss this with your line manager as soon as possible to avoid any unnecessary delays.

If your line manager is in agreement they should discuss the case with the relevant Instructing Officer.

If the Instructing Officer is in agreement they will instruct legal services and a legal representative will be allocated.

For further information please see the 'Guide to Croydon Legal Services'. This can be accessed from the Local Resources area by clicking here.

General enquiries and day to day contact

For other day to day details or enquiries about legal surgeries social workers can email DutySolicitor@croydon.gov.uk

3. The Role of Legal Services in Court Applications

If you are the decision maker the allocated legal representative from legal services will contact you to seek full instructions so as to commence the application.

In Court applications it is the role of legal services to manage and coordinate:

  1. The application process;
  2. Any correspondence to or from the Court;
  3. How and when evidence is provided;
  4. How evidence is organised and submitted to the Court;
  5. How others are involved in the process, including how tasks may be delegated.

It is also important that they support you in your role, which includes:

  1. Developing your understanding of Court processes;
  2. Supporting you to evaluate the robustness of the evidence you provide;
  3. Advising you about how to complete various court forms appropriately; and
  4. Supporting you during any oral hearings.

To support legal services in their role you should:

  1. Keep legal services aware of any changes in a matter where they are already involved;
  2. Complete witness statements promptly and before any specified deadline;
  3. Provide up to date information when requested;
  4. Submit evidence to legal services in advance of deadlines so that legal services can offer advice and guidance;
  5. Review statements and sign them when requested by legal services. Legal services cannot submit evidence that is unsigned;
  6. Attend court hearings unless advised otherwise.