Disability Rights

Disability rights solicitors

Disability Rights are not defined but in our view they bring together all the various laws, regulations, guidance and the laws developed by the Courts which relate to people with disabilities of any kind who encounter problems when trying to access services which enable them to live their lives as fully as possible.

Often more easily identified as disability discrimination, the problems faced by anyone with disabilities, be they physical or mental health problems or learning difficulties, are much wider and include access to key services including:

  • community care services
  • healthcare services
  • public services
  • goods and services

To us, disability rights summarises all the work we do in the team: the work we do to help, advise and represent those with disabilities facing problems in accessing care, support and public services.

Whilst the team cannot deal with every area of law, we understand the key legal problems of those with disabilities and the duties of those responsible for providing services for them.

Many people with disabilities have profound mental health problems and or learning difficulties and may lack the ability to make decisions. This may raise issues relating to their mental capacity and new laws relating to mental capacity as set out in the Mental Capacity Act 2005, detailed guidance and law developed by the Courts.

People who lack capacity to make decisions for themselves may have to deal with difficulties in accessing community care and healthcare services and often decisions will have to be made by care and public service providers, and those who care for them, in their ‘best interests’: a process by which those acting on behalf of someone without capacity to make decisions for themselves do so on the basis that that person’s best interests and wishes and choices, must always be kept in mind and protected and appropriate care and support services provided for them.

Disputes as to capacity and what is in someone’s ‘best interests’ can often involve detailed negotiation or argument, complaint against service providers and, if necessary, proceedings in the Court of Protection.

We have the wide ranging legal expertise to assist any vulnerable person, those who may lack capacity and those who assist them, with all aspects of best interests disputes and have particular expertise in Court of Protection proceedings.

Disability and human rights solicitors

To arrange a discussion with a disability and human rights solicitor click here or call us on 0800 0384 384. We are available to take your call twenty four hours a day, seven days a week.

Read more